Texas Paternity Law (Continued)
Paternity – General – Texas
§ 160.612. Child as Party; Representation
(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.
(b) The court shall appoint an amicus attorney or attorney ad litem to represent a child who is a minor or is incapacitated if the child is a party or the court finds that the interests of the child are not adequately represented.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001. Amended by Acts 2005, 79th Leg., ch. 172, § 18, eff. Sept. 1, 2005.
§ 160.621. Admissibility of Results of Genetic Testing; Expenses
(a) Except as otherwise provided by Subsection (c), a report of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report. The admissibility of the report is not affected by whether the testing was performed:
(1) voluntarily or under an order of the court or a support enforcement agency; or
(2) before or after the date of commencement of the proceeding.
(b) A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
(c) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) with the consent of both the mother and the presumed, acknowledged, or adjudicated father; or
(2) under an order of the court under Section 160.502.
(d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party on or before the 10th day before the date of a hearing are admissible to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and customary.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.622. Consequences of Declining Genetic Testing
(a) An order for genetic testing is enforceable by contempt.
(b) A court may adjudicate parentage contrary to the position of an individual whose paternity is being determined on the grounds that the individual declines to submit to genetic testing as ordered by the court.
(c) Genetic testing of the mother of a child is not a prerequisite to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and each man whose paternity is being adjudicated.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.623. Admission of Paternity Authorized
(a) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies the requirements of this section and that there is no reason to question the admission, the court shall render an order adjudicating the child to be the child of the man admitting paternity.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.624. Temporary Order
(a) In a proceeding under this subchapter, the court shall render a temporary order for child support for a child if the order is appropriate and the individual ordered to pay child support:
(1) is a presumed father of the child;
(2) is petitioning to have his paternity adjudicated;
(3) is identified as the father through genetic testing under Section 160.505;
(4) is an alleged father who has declined to submit to genetic testing;
(5) is shown by clear and convincing evidence to be the father of the child; or
(6) is the mother of the child.
(b) A temporary order may include provisions for the possession of or access to the child as provided by other laws of this state.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.631. Rules for Adjudication of Paternity
(a) The court shall apply the rules stated in this section to adjudicate the paternity of a child.
(b) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(c) Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of a child under Section 160.505 shall be adjudicated as being the father of the child.
(d) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated as not being the father of the child.
(e) If the court finds that genetic testing under Section 160.505 does not identify or exclude a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.632. Jury Prohibited
The court shall adjudicate paternity of a child without a jury.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.633. Hearings; Inspection of Records
(a)A proceeding under this subchapter is open to the public as in other civil cases.
(b) Papers and records in a proceeding under this subchapter are available for public inspection.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 610, § 11, eff. Sept. 1, 2003.
§ 160.634. Order on Default
The court shall issue an order adjudicating the paternity of a man who:
(1) after service of process, is in default; and
(2) is found by the court to be the father of a child.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.635. Dismissal for Want of Prosecution
The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.636. Order Adjudicating Parentage; Costs
(a) The court shall render an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(b) An order adjudicating parentage must identify the child by name and date of birth.
(c) Except as otherwise provided by Subsection (d), the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney’s fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney’s fees may enforce the order in the attorney’s own name.
(d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law.
(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(f) If the order of the court is at variance with the child’s birth certificate, the court shall order the bureau of vital statistics to issue an amended birth record.
(g) On a finding of parentage, the court may order retroactive child support as provided by Chapter 154 and, on a proper showing, order a party to pay an equitable portion of all of the prenatal and postnatal health care expenses of the mother and the child.
(h) In rendering an order for retroactive child support under this section, the court shall use the child support guidelines provided by Chapter 154, together with any relevant factors.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.637. Binding Effect of Determination of Parentage
(a) Except as otherwise provided by Subsection (b) or Section 160.316, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial of paternity as provided by Subchapter D; and
(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 159.201.
(b) A child is not bound by a determination of parentage under this chapter unless:
(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(3) the child was a party or was represented in the proceeding determining parentage by an attorney ad litem.
(c) In a proceeding to dissolve a marriage, the court is considered to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 159.201, and the final order:
(1) expressly identifies the child as “a child of the marriage” or “issue of the marriage” or uses similar words indicating that the husband is the father of the child; or
(2) provides for the payment of child support for the child by the husband unless paternity is specifically disclaimed in the order.
(d) Except as otherwise provided by Subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
SUBCHAPTER H. CHILD OF ASSISTED REPRODUCTION
§ 160.701. Scope of Subchapter
This subchapter applies only to a child conceived by means of assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.702. Parental Status of Donor
A donor is not a parent of a child conceived by means of assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
§ 160.703. Husband’s Paternity of Child of Assisted Reproduction
If a husband provides sperm for or consents to assisted reproduction by his wife as provided by Section 160.704, he is the father of a resulting child.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.
p>§ 160.7031. Unmarried Man’s Paternity of Child of Assisted Reproduction
(a) If an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to the use of that sperm for assisted reproduction by an unmarried woman, he is the father of a resulting child.
(b) Consent by an unmarried man who intends to be the father of a resulting child in accordance with this section must be in a record signed by the man and the unmarried woman and kept by a licensed physician.
Added by Acts 2007, 80th Leg., ch. 972, § 40, eff. Sept. 1, 2007.§ 160.704. Consent to Assisted Reproduction(a) Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the donation of eggs by a married woman for assisted reproduction by another woman.
(b) Failure by the husband to sign a consent required by Subsection (a) before or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001. Amended by Acts 2007, 80th Leg., ch. 972, § 41, eff. Sept. 1, 2007.§ 160.705. Limitation on Husband’s Dispute of Paternity
(a) Except as otherwise provided by Subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) before the fourth anniversary of the date of learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) the court finds that he did not consent to the assisted reproduction before or after the birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly treated the child as his own.
(c) The limitations provided by this section apply to a marriage declared invalid after assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001.§ 160.706. Effect of Dissolution of Marriage
(a) If a marriage is dissolved before the placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record kept by a licensed physician that if assisted reproduction were to occur after a divorce the former spouse would be a parent of the child.
(b) The consent of a former spouse to assisted reproduction may be withdrawn by that individual in a record kept by a licensed physician at any time before the placement of eggs, sperm, or embryos.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001. Amended by Acts 2007, 80th Leg., ch. 972, § 42, eff. Sept. 1, 2007.§ 160.707. Parental Status of Deceased Spouse
If a spouse dies before the placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record kept by a licensed physician that if assisted reproduction were to occur after death the deceased spouse would be a parent of the child.
Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 2001. Amended by Acts 2007, 80th Leg., ch. 972, § 43, eff. Sept. 1, 2007.
TEXAS PATERNITY FAQ
What is an action for “Paternity or Parentage”? The goal of a paternity case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child.What are the consequences of establishing “paternity”? Once paternity has been established, the parent can be ordered to pay child support and the Court can grant him the right to visit his child.
How is “paternity” established in Texas? There are two ways: (1) When both parents sign an Acknowledgment of paternity (AOP) and it is filed with the Bureau of Vital Statistics, the father becomes the legal father; or, (2) a legal action may be filed.
In what court may an action for Paternity be filed in the State of Texas? An action brought under the Uniform Parentage Act may be brought in the county in which the child resides, the mother resides, or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced.
Who may bring an action or parentage? A child, or guardian ad litem of the child, the child’s natural mother, whether married or unmarried at the time the child was conceived, or her personal representative or parent if the mother has died; or a man alleged or alleging himself to be the natural father, or his personal representative or parent if the father has died; or a presumed father as defined in the Act, or his personal representative or parent if the presumed father has died; or the child support enforcement agency, may bring an action for the purpose of declaring the existence or nonexistence of the father and child relationship.
Who represents the interests of the child(ren)? The child may be made a party to the action and may be represented by the child’s general guardian or a guardian ad litem appointed by the court. The child’s mother or father shall not represent the child as guardian or otherwise.
Are there time limits in which an action for “paternity” may be established? Yes, in Texas an action to establish “paternity” must be brought prior to the child turning 20 years of age.
Under what circumstances are certain individuals “presumed” to be the father of the minor child(ren)? A man is presumed to be the natural father of a child if:
1. The child is born within 300 days of the termination of a valid marriage or a marriage that was, in fact, invalid but the parties were acting as though the marriage was valid.
2. After the child’s birth, the father and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, either, (a) the father acknowledged his paternity of the child in writing filed with the department of health; or (b) with his consent, he is named as the child’s father on the child’s birth certificate; or (c) the father is obligated to support the child under a written voluntary promise or by court order; or (d), while the child is under the age of majority, the alleged father receives the child into his home and openly holds out the child as his natural child; or (e), parentage is established by genetic testing; or (f) the father executes a voluntary, written acknowledgment of paternity of the child signed by him under oath which is filed with the department of health.What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce? If the mother is married to someone other than the biological father or the baby is born within 300 days of her divorce from that person, the husband must sign a Denial of Paternity. The biological father cannot become the legal father by signing the Acknowledgment of Paternity until the husband signs the Denial. When the husband signs the Denial of Paternity, it can be sent with the Acknowledgment to BVS to be recorded. BVS will charge a fee to add the father’s name to the birth certificate. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to all attorney to establish paternity through the Courts.
If an action to determine parentage is filed, can the Petitioner and custodial parent receive court ordered support prior to the actual determination of parentage? Yes, in all contested paternity actions where a presumption of paternity (as defined by law) exists, upon motion by a party, the court will order temporary support for the child pending a judicial determination of parentage.
Will the parties be required to submit to genetic testing? The court may, and upon request of a party, shall, require the child, mother, or alleged father to submit to genetic tests, including blood tests. If the requesting party is the mother or the alleged father, the court shall require that the request be made pursuant to a sworn statement. The sworn statement made by the party must either: (1) Allege paternity setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) Deny paternity setting forth facts establishing a reasonable possibility of the non-existence of sexual contact between the parties.
Who performs the genetic tests? The laboratory performing the testing shall be one approved by an accreditation body designated by the United States Secretary of Health and Human Services.
Who pays for paternity tests? If there is a case file open with the Child Support Division, the Office of the Attorney General will pay for the tests. If the tests show that the man is the biological father of the child, he may be ordered to repay the cost of the tests.
If a man is determined to be the father of the child(ren), is he obligated to support the child? He would then have the same duty to support the minor child as he would and child he fathered where the issue of parentage was not raised.
How does paternity establishment affect custody and visitation? Each parent has the duty to financially and emotionally support his/her child. Each parent has the right to visitation, except under exceptional circumstances. If the parents cannot reach an agreement, child support and visitation will be decided by a court. Both parents must obey the court order–a parent cannot refuse to pay support because the other is refusing visitation, and vice versa.
Should parents establish paternity if they are getting along and the father is helping support the child? Yes. Even if the father agrees to help support the child now, he may change his mind, become disabled, or even die. In most cases, unmarried parents can get benefits for their child only if they establish the child’s
If an action to determine parentage is filed and it is determined that a certain individual is the father of the minor child(ren) and that determination contradicts the child’s birth certificate will the birth certificate be changed? Yes, upon the order of a court.
Can this procedure be used to establish the mother – child relationship? Yes, any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship.
