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Amendments Made to the Texas Family Code Chapter 160
Uniform Parentage Act

Texas Family Code Chapter 160 (Determination of Parentage) can be viewed Here.

Parental Rights

Texas is the first state to adopt the following act. It was adopted in June 2001 and has made various changes in Texas law.


I. Uniform Parentage Act 2000

1. UPA 2000 incorporates all of the issues concerning parentage and thus the conference has withdrawn all other acts in this area. Using the committee reporter's notes, an outline of the UPA 2000 follows:

   Article 1: General Provisions: Adds many new definitions to clarify this complex subject and adapt the Act to scientific developments. 

   Article 2: Parent-Child Relationship: will look familiar to past users of UPA (1973) because it continues a number of provisions with little or no change.

   Article 3: Voluntary Acknowledgment of Paternity: is entirely new and is driven by federal mandates that States adopt nonjudicial means to achieve early determination of paternity.

   Article 4: Registry of Paternity: is entirely new and incorporates a tightly integrated registry law to deal with the rights of a man who is neither an acknowledged, presumed or adjudicated father.

   Article 5: Genetic Testing: comprehensively covers that subject in ten separate sections [UPA (1973) had one section on the subject].

   Article 6: Proceeding to Adjudicate Parentage: is the traditional litigation section.

   Article 7: Child of Assisted Reproduction: recodifies USCACA (1988) without substantial change.

    

2. The Conference elected to bracket the provisions of Article 8 - Gestational Agreements - to allow states to adopt the UPA 2000 without facing the controversy associated with the concept of gestational agreements or "surrogacy" as it is commonly referred to by the lay person and medical community.
   
   

3. House Bill 920 passed the Texas Legislature and became effective immediately upon Governor Perry's signature on June. The most important statutes affected in the Family Code are as follows:
   
   

   1. Chapter 101 adds revised definitions of "acknowledged father", "alleged father", "parent" and "parent child relationship." 

   2. Chapter 102 includes new definitions in the standing provisions. 

   3. Chapter 105: no jury trial available for adjudication of parentage 

   4. Chapter 160 addresses issue of retroactive child support after a determination of parentage. 

   5. Chapter 160- Uniform Parentage Act fully incorporated into T.F.C. 

UNIFORM PARENTAGE ACT
Chapter 160, Family Code, is amended to read as follows:

CHAPTER 160. UNIFORM [DETERMINATION OF] PARENTAGE ACT

• SUBCHAPTER A. 
  APPLICATION AND CONSTRUCTION [GENERAL PROVISIONS]

Sec. 160.001. APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to promote the uniformity of the law among the states that enact the Uniform Parentage Act.

Sec. 160.002. CONFLICTS BETWEEN PROVISIONS. If a provision of this chapter conflicts with another provision of this title or another state statute or rule and the conflict cannot be reconciled, this chapter prevails.
[Sections 160.003-160.100 reserved for expansion]

• SUBCHAPTER B. 
  GENERAL PROVISIONS

Sec. 160.101. SHORT TITLE. This chapter may be cited as the Uniform Parentage Act.

Sec. 160.102. DEFINITIONS. In this chapter:

1. "Adjudicated father" means a man who has been adjudicated by a court to be the father of a child.

2. Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes:

   1. intrauterine insemination;

   2. donation of eggs;

   3. donation of embryos;

   4. in vitro fertilization and transfer of embryos; and

   5. intracytoplasmic sperm injection.

3. "Child" means an individual of any age whose parentage may be determined under this chapter.

4. "Commence" means to file the initial pleading seeking an adjudication of parentage in a court of this state.

5. "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid acknowledgment of paternity under Subchapter D or by an adjudication by a court.

6. "Donor" means an individual who produces eggs or sperm used for assisted reproduction, regardless of whether the production is for consideration. The term does not include:

   1. a husband who provides sperm or a wife who provides eggs to be used for assisted reproduction by the wife; or

   2. a woman who gives birth to a child by means of assisted reproduction.

7. "Ethnic or racial group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is identified by other information.

8. "Genetic testing" means an analysis of an individual's genetic markers to exclude or identify a man as the father of a child or a woman as the mother of a child. The term includes an analysis of one or more of the following:

   1. deoxyribonucleic acid; and

   2. blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.

9. "Intended parents" means individuals who enter into an agreement providing that the individuals will be the parents of a child born to a gestational mother by means of assisted reproduction, regardless of whether either individual has a genetic relationship with the child.

10. "Man" means a male individual of any age.

11. "Parent" means an individual who has established a parent-child relationship under Section 160.201.

12. "Paternity index" means the likelihood of paternity determined by calculating the ratio between:

    1. the likelihood that the tested man is the father of the child, based on the genetic markers of the tested man, the mother of the child, and the child, conditioned on the hypothesis that the tested man is the father of the child; and

    2. the likelihood that the tested man is not the father of the child, based on the genetic markers of the tested man, the mother of the child, and the child, conditioned on the hypothesis that the tested man is not the father of the child and that the father of the child is of the same ethnic or racial group as the tested man.

13. "Presumed father" means a man who, by operation of law under Section 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

14. "Probability of paternity" means the probability, with respect to the ethnic or racial group to which the alleged father belongs, that the alleged father is the father of the child, compared to a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.

15. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

16. "Signatory" means an individual who authenticates a record and is bound by its terms.

17. "Support enforcement agency" means a public official or public agency authorized to seek:

    1. the enforcement of child support orders or laws relating to the duty of support;

    2. the establishment or modification of child support;

    3. the determination of parentage;

    4. the location of child-support obligors and their income and assets; or

    5. the conservatorship of a child or the termination of parental rights.

Sec. 160.103. SCOPE OF CHAPTER; CHOICE OF LAW. 

1. This chapter governs every determination of parentage in this state.

   The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:

   1. the place of birth of the child; or

   2. the past or present residence of the child.

2. This chapter does not create, enlarge, or diminish parental rights or duties under another law of this state.

3. This chapter does not authorize or prohibit an agreement between a woman and the intended parents of a child in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction and which provides that the intended parents become the parents of the child. If a birth results under a gestational agreement that is unenforceable under the law of this state, the parent-child relationship is determined as provided by Subchapter C.

Sec. 160.104. AUTHORIZED COURTS. 

The following courts are authorized to adjudicate parentage under this chapter:

1. a court with jurisdiction to hear a suit affecting the parent-child relationship under this title; or

2. a court with jurisdiction to adjudicate parentage under another law of this state.

Sec. 160.105. PROTECTION OF PARTICIPANTS.

A proceeding under this chapter is subject to the other laws of this state governing the health, safety, privacy, and liberty of a child or any other individual who may be jeopardized by the disclosure of identifying information, including the person's address, telephone number, place of employment, and social security number and the name of the child's day-care facility and school.

Sec. 160.106. DETERMINATION OF MATERNITY.

The provisions of this chapter relating to the determination of paternity apply to a determination of maternity.

[Sections 160.107-160.200 reserved for expansion]

• SUBCHAPTER C. PARENT-CHILD RELATIONSHIP

  • Sec. 160.201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.

1. The mother-child relationship is established between a woman and a child by:

1. The woman giving birth to the child;

2. An adjudication of the woman's maternity; or

3. The adoption of the child by the woman.

2. The father-child relationship is established between a man and a child by:

   1. an unrebutted presumption of the man's paternity of the child under Section 160.204;

   2. an effective acknowledgment of paternity by the man under Subchapter D, unless the acknowledgment has been rescinded or successfully challenged;

   3. an adjudication of the man's paternity;

   4. the adoption of the child by the man; or

   5. the man's consenting to assisted reproduction by his wife under Subchapter H, which resulted in the birth of the child.

Sec. 160.202. NO DISCRIMINATION BASED ON MARITAL STATUS.

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

Sec. 160.203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE. 

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by another law of this state.

Sec. 160.204. PRESUMPTION OF PATERNITY IN CONTEXT OF MARRIAGE. 

1. A man is presumed to be the father of a child if:

   1. he is married to the mother of the child and the child is born during the marriage;

   2. The is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

   3. he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce; or

   4. he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
      1. the assertion is in a record filed with the bureau of vital statistics;
      2. he is voluntarily named as the child's father on the child's birth certificate; or
      3. he promised in a record to support the child as his own.
2. A presumption of paternity established under this section may be rebutted only by an adjudication under Subchapter G.

[Sections 160.205-160.300 reserved for expansion]

• SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

Sec. 160.301. ACKNOWLEDGMENT OF PATERNITY.

The mother of a child and a man claiming to be the father of the child conceived as the result of sexual intercourse with the mother may sign an acknowledgment of paternity with the intent to establish the man's paternity.

Sec. 160.302. EXECUTION OF ACKNOWLEDGMENT OF PATERNITY.

1. An acknowledgment of paternity must:

   1. be in a record

   2. be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity;

   3. state that the child whose paternity is being acknowledged:

      1. does not have a presumed father or has a presumed father whose full name is stated; and

      2.  does not have another acknowledged or adjudicated father;

   4. State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and

   5. state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after four years.

    

2. An acknowledgment of paternity is void if it:

   1. states that another man is a presumed father of the child, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the bureau of vital statistics;

   2. states that another man is an acknowledged or adjudicated father of the child; or

   3. falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

3. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

Sec. 160.303. DENIAL OF PATERNITY. 
A presumed father of a child may sign a denial of his paternity. The denial is valid only if:

1. an acknowledgment of paternity signed or otherwise authenticated by another man is filed under Section 160.305;

2. the denial is in a record and is signed or otherwise authenticated under penalty of perjury; and

3. the presumed father has not previously:

   1. acknowledged paternity of the child, unless the previous acknowledgment has been rescinded under Section 160.307 or successfully challenged under Section 160.308; or

   2. been adjudicated to be the father of the child.

Sec. 160.304. RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. 

1. An acknowledgment of paternity and a denial of paternity may be contained in a single document or in different documents and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither document is valid until both documents are filed.

2. An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.

3. Subject to Subsection (a), an acknowledgment of paternity or denial of paternity takes effect on the date of the birth of the child or the filing of the document with the bureau of vital statistics, whichever occurs later.

4. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it otherwise complies with this chapter.

Sec. 160.305. EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY. 

1. Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the bureau of vital statistics is the equivalent of an adjudication of the paternity of a child and confers on the acknowledged father all rights and duties of a parent.

2. Except as provided by Sections 160.307 and 160.308, a valid denial of paternity filed with the bureau of vital statistics in conjunction with a valid acknowledgment of paternity is the equivalent of an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Sec. 160.306. FILING FEE NOT REQUIRED. 
The bureau of vital statistics may not charge a fee for filing an acknowledgment of paternity or denial of paternity.

Sec. 160.307. PROCEEDING FOR RESCISSION. 
A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:

1. the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or

2. the date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.

Sec. 160.308. CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION. 

1. After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding must be commenced before the fourth anniversary of the date the acknowledgment or denial is filed with the bureau of vital statistics.

2. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

3. Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics.

4. For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact.

Sec. 160.309. PROCEDURE FOR RESCISSION OR CHALLENGE. 

1. Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial of paternity.

2. For purposes of the rescission of or a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the bureau of vital statistics.

3. Except for good cause shown, while a proceeding is pending to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

4. A proceeding to rescind or to challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G.

5. At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or a denial of paternity, the court shall order the bureau of vital statistics to amend the birth record of the child, if appropriate.

Sec. 160.310. RATIFICATION BARRED.
A court or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged acknowledgment of paternity.

Sec. 160.311. FULL FAITH AND CREDIT.
A court of this state shall give full faith and credit to an acknowledgment of paternity or a denial of paternity that is effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.

Sec. 160.312. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. 

1. To facilitate compliance with this subchapter, the bureau of vital statistics shall prescribe forms for the acknowledgment of paternity and the denial of paternity.

2. A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.

Sec. 160.313. RELEASE OF INFORMATION. 
The bureau of vital statistics may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to the courts and Title IV-D agency of this or another state.

Sec. 160.314. ADOPTION OF RULES. 
The Title IV-D agency and the bureau of vital statistics may adopt rules to implement this subchapter.

Sec. 160.315. MEMORANDUM OF UNDERSTANDING. 

1. The Title IV-D agency and the bureau of vital statistics shall adopt a memorandum of understanding governing the collection and transfer of information for the voluntary acknowledgment of paternity.

2. The Title IV-D agency and the bureau of vital statistics shall review the memorandum semiannually and renew or modify the memorandum as necessary.

Sec. 160.316. SUIT TO CONTEST VOLUNTARY STATEMENT OF PATERNITY. 

1. A man who executed a voluntary statement of paternity before September 1, 1999, and who, on the basis of that statement, is the subject of a final order declaring him to be a parent of the child who is the subject of the statement may file a suit affecting the parent-child relationship to contest the statement on the basis of fraud, duress, or material mistake of fact in the same manner that a person may contest an acknowledgment of paternity under Sections 160.308 and 160.309. For purposes of this subsection, evidence that, based on genetic testing, the man is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact.

2. A suit filed under this section to contest a voluntary statement of paternity is not affected by an order with respect to the child that was rendered on the basis of that statement.

3. The court, on a preliminary finding in a suit under this section that there is credible evidence of fraud, duress, or material mistake of fact regarding the execution of the voluntary statement of paternity, shall order genetic testing as provided by Subchapter F. The person contesting the voluntary statement of paternity shall pay the cost of the testing.

4. Except as provided by Subsection (e), if the results of the genetic testing do not rebuttably identify the man as the father of the child in accordance with Section 160.505, the court shall set aside:

   1. the final order declaring the man to be a parent of the child; and

   2. any other order with respect to the child that was rendered on the basis of the voluntary statement of paternity.

5. The court may not set aside under Subsection (d) a final order declaring a man to be a parent of a child if the man who executed the voluntary statement of paternity:

   1. executed the statement knowing that he was not the father of the child; or

   2. subsequently adopted the child.

6. If the court sets aside a final order as provided by Subsection (d), the court shall order the bureau of vital statistics to amend the birth record of the child. The court may not as a result of the order being set aside:

   1. require an obligee to repay child support paid by the man who executed the voluntary statement of paternity; or

   2. award damages to the man who executed the voluntary statement of paternity.

7. A suit under this section must be filed before September 1, 2003.

8. This section expires September 1, 2004.

[Sections 160.317-160.400 reserved for expansion]

1. voluntarily submits to testing; or

2. is tested under an order of a court or a support enforcement agency.

Sec. 160.502. ORDER FOR TESTING. 

1. Except as otherwise provided by this subchapter and by Subchapter G, a court shall order a child and other designated individuals to submit to genetic testing if the request is made by a party to a proceeding to determine parentage.

2. If a request for genetic testing of a child is made before the birth of the child, the court or support enforcement agency may not order in utero testing.

3. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

Sec. 160.503. REQUIREMENTS FOR GENETIC TESTING.

1. Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing. The testing must be performed in a testing laboratory accredited by:

   1. the American Association of Blood Banks, or a successor to its functions;

   2. the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or

   3. an accrediting body designated by the federal secretary of health and human services.

2. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing is not required to be of the same kind for each individual undergoing genetic testing.

3. Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in the calculation of the probability of paternity of the individual. If there is disagreement as to the testing laboratory's choice:

   1. the objecting individual may require the testing laboratory, not later than the 30th day after the date of receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory;

   2. the individual objecting to the testing laboratory's initial choice shall:

      1. if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

      2. engage another testing laboratory to perform the calculations; and

   3. the testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate and, if available, shall calculate the frequencies using statistics for any other ethnic or racial group requested.

4. If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under Section 160.505, an individual who has been tested may be required to submit to additional genetic testing.

Sec. 160.504. REPORT OF GENETIC TESTING. 

1. A report of the results of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this subchapter is self-authenticating.

2. Documentation from the testing laboratory is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony if the documentation includes:

   1. the name and photograph of each individual whose specimens have been taken;

   2. the name of each individual who collected the specimens;

   3. the places in which the specimens were collected and the date of each collection;

   4. the name of each individual who received the specimens in the testing laboratory; and

   5. the dates the specimens were received.

Sec. 160.505. GENETIC TESTING RESULTS; REBUTTAL. 

1. A man is rebuttably identified as the father of a child under this chapter if the genetic testing complies with this subchapter and the results disclose:

   1. that the man has at least a 99 percent probability of paternity, using a prior probability of 0.5, as calculated by using the combined paternity index obtained in the testing; and

   2. a combined paternity index of at least 100 to 1.

2. A man identified as the father of a child under Subsection (a) may rebut the genetic testing results only by producing other genetic testing satisfying the requirements of this subchapter that:

   1. excludes the man as a genetic father of the child; or

   2. identifies another man as the possible father of the child.

3. Except as otherwise provided by Section 160.510, if more than one man is identified by genetic testing as the possible father of the child, the court shall order each man to submit to further genetic testing to identify the genetic father.

Sec. 160.506. COSTS OF GENETIC TESTING. 

1. Subject to the assessment of costs under Subchapter G, the cost of initial genetic testing must be advanced:

   1. by a support enforcement agency, if the agency is providing services in the proceeding;

   2. by the individual who made the request;

   3. as agreed by the parties; or

   4. as ordered by the court.

2. In cases in which the cost of genetic testing is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.

Sec. 160.507. ADDITIONAL GENETIC TESTING. 

The court or the support enforcement agency shall order additional genetic testing on the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under Section 160.505, the court or agency may not order additional testing unless the party provides advance payment for the testing.

Sec. 160.508. GENETIC TESTING WHEN ALL INDIVIDUALS NOT AVAILABLE. 

1. (a) Subject to Subsection (b), if a genetic testing specimen for good cause and under circumstances the court considers to be just is not available from a man who may be the father of a child, a court may order the following individuals to submit specimens for genetic testing:
   
   (1) the parents of the man;
   
   (2) any brothers or sisters of the man;
   
   (3) any other children of the man and their mothers; and
   
   (4) other relatives of the man necessary to complete genetic testing.

2. A court may not render an order under this section unless the court finds that the need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

Sec. 160.509. DECEASED INDIVIDUAL.

For good cause shown, the court may order genetic testing of a deceased individual.

Sec. 160.510. IDENTICAL BROTHERS. 

1. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

2. If each brother satisfies the requirements of Section 160.505 for being the identified father of the child and there is not another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

Sec. 160.511. OFFENSE: UNAUTHORIZED RELEASE OF SPECIMEN. 

1. A person commits an offense if the person intentionally releases an identifiable specimen of another person for any purpose not relevant to the parentage proceeding and without a court order or the written permission of the person who furnished the specimen.

2. An offense under this section is a Class A misdemeanor.

[Sections 160.512-160.600 reserved for expansion]

Sec. 160.601. PROCEEDING AUTHORIZED; RULES OF PROCEDURE. 

1. A civil proceeding may be maintained to adjudicate the parentage of a child.

2. The proceeding is governed by the Texas Rules of Civil Procedure.

Sec. 160.602. STANDING TO MAINTAIN PROCEEDING. 

Subject to Subchapter D and Sections 160.607 and 160.609, a proceeding to adjudicate parentage may be maintained by:

1. the child;

2. the mother of the child;

3. a man whose paternity of the child is to be adjudicated;

4. the support enforcement agency or another government agency authorized by other law;

5. an authorized adoption agency or licensed child-placing agency;

6. a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, is incapacitated, or is a minor; or

7. a person related within the second degree by consanguinity to the mother of the child, if the mother is deceased.

Sec. 160.603. NECESSARY PARTIES TO PROCEEDING. 
The following individuals must be joined as parties in a proceeding to adjudicate parentage:

1. the mother of the child; and

2. a man whose paternity of the child is to be adjudicated.

Sec. 160.604. PERSONAL JURISDICTION. 

1. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.

2. A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied.

3. Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.

Sec. 160.605. VENUE. 
Venue for a proceeding to adjudicate parentage is in the county of this state in which:

1. the child resides or is found;

2. the respondent resides or is found if the child does not reside in this state; or

3. a proceeding for probate or administration of the presumed or alleged father's estate has been commenced.

Sec. 160.606. NO TIME LIMITATION: CHILD HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER. 

A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, including after the date:

1. the child becomes an adult; or

2. an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER. 

1. Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child.

2. A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the court determines that:

   1. the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; and

   2. the presumed father never openly treated the child as his own.

Sec. 160.608. AUTHORITY TO DENY MOTION FOR GENETIC TESTING. 

1. In a proceeding to adjudicate parentage under circumstances described by Section 160.607, a court may deny a motion for an order for the genetic testing of the mother, the child, and the presumed father if the court determines that:

   1. the conduct of the mother or the presumed father estops that party from denying parentage; and

   2. it would be inequitable to disprove the father-child relationship between the child and the presumed father.

2. In determining whether to deny a motion for an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

   1. the length of time between the date of the proceeding to adjudicate parentage and the date the presumed father was placed on notice that he might not be the genetic father;

   2. the length of time during which the presumed father has assumed the role of father of the child;

   3. the facts surrounding the presumed father's discovery of his possible nonpaternity;

   4. the nature of the relationship between the child and the presumed father;

   5. the age of the child;

   6. any harm that may result to the child if presumed paternity is successfully disproved;

   7. the nature of the relationship between the child and the alleged father;

   8. the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and

   9. other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child.

3. In a proceeding involving the application of this section, a child who is a minor or is incapacitated must be represented by a guardian ad litem.

4. A denial of a motion for an order for genetic testing must be based on clear and convincing evidence.

5. If the court denies a motion for an order for genetic testing, the court shall issue an order adjudicating the presumed father to be the father of the child.

Sec. 160.609. TIME LIMITATION: CHILD HAVING ACKNOWLEDGED OR ADJUDICATED FATHER. 

1. If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or to challenge the paternity of the child only within the time allowed under Section 160.307 or 160.308.

2. If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication.

Sec. 160.610. JOINDER OF PROCEEDINGS. 

1. Except as provided by Subsection (b), a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, possession of or access to a child, child support, divorce, annulment, or probate or administration of an estate or another appropriate proceeding.

2. A respondent may not join a proceeding described by Subsection (a) with a proceeding to adjudicate parentage brought under Chapter 159.

Sec. 160.611. PROCEEDINGS BEFORE BIRTH. 

1. A proceeding to determine parentage commenced before the birth of the child may not be concluded until after the birth of the child.

2. In a proceeding described by Subsection (a), the following actions may be taken before the birth of the child:

   1. service of process;

   2. discovery; and

   3. except as prohibited by Section 160.502, collection of specimens for genetic testing.

Sec. 160.612. CHILD AS PARTY; REPRESENTATION. 

1. A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.

2. The court shall appoint an 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.

[Sections 160.613-160.620 reserved for expansion]

Sec. 160.621. ADMISSIBILITY OF RESULTS OF GENETIC TESTING; EXPENSES. 

1. 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.

2. 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.

3. 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.