reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.608. Authority to Deny Motion for Genetic Testing

Sec. 160.608.  AUTHORITY TO DENY MOTION FOR GENETIC TESTING.  (a)  In a proceeding to adjudicate parentage, 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.
(b)  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.
(c)  In a proceeding involving the application of this section, a child who is a minor or is incapacitated must be represented by an amicus attorney or attorney ad litem.
(d)  A denial of a motion for an order for genetic testing must be based on clear and convincing evidence.
(e)  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.
(f)  This section applies to a proceeding to challenge an acknowledgment of paternity or a denial of paternity as provided by Section 160.309(d).
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 17, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.609. Time Limitation: Child Having Acknowledged or Adjudicated Father

Sec. 160.609.  TIME LIMITATION:  CHILD HAVING ACKNOWLEDGED OR ADJUDICATED FATHER.  (a)  If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding under this chapter to challenge the paternity of the child only within the time allowed under Section 160.308.
(b)  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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.610. Joinder of Proceedings

Sec. 160.610.  JOINDER OF PROCEEDINGS.  (a)  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.
(b)  A respondent may not join a proceeding described by Subsection (a) with a proceeding to adjudicate parentage brought under Chapter 159.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.611. Proceedings Before Birth

Sec. 160.611.  PROCEEDINGS BEFORE BIRTH.  (a)  A proceeding to determine parentage commenced before the birth of the child may not be concluded until after the birth of the child.
(b)  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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.612. Child as Party; Representation

Sec. 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, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 18, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.621. Admissibility of Results of Genetic Testing; Expenses

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.622. Consequences of Declining Genetic Testing

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.623. Admission of Paternity Authorized

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.624. Temporary Order

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.631. Rules for Adjudication of Paternity

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.632. Jury Prohibited

Sec. 160.632.  JURY PROHIBITED.  The court shall adjudicate paternity of a child without a jury.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.633. Hearings; Inspection of Records

Sec. 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, Sec. 1.01, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 610, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.634. Order on Default

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.635. Dismissal for Want of Prosecution

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.636. Order Adjudicating Parentage; Costs

Sec. 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 vital statistics unit 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, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.075, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter G. Proceeding to Adjudicate Parentage › Section 160.637. Binding Effect of Determination of Parentage

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.701. Scope of Subchapter

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.702. Parental Status of Donor

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.703. Husband's Paternity of Child of Assisted Reproduction

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.7031. Unmarried Man's Paternity of Child of Assisted Reproduction

Sec. 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., R.S., Ch. 972 (S.B. 228), Sec. 40, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.704. Consent to Assisted Reproduction

Sec. 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, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.705. Limitation on Husband's Dispute of Paternity

Sec. 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, Sec. 1.01, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.706. Effect of Dissolution of Marriage

Sec. 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, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 42, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter H. Child of Assisted Reproduction › Section 160.707. Parental Status of Deceased Spouse

Sec. 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, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 43, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.751. Definition

Sec. 160.751.  DEFINITION.  In this subchapter, "gestational mother" means a woman who gives birth to a child conceived under a gestational agreement.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.752. Scope of Subchapter; Choice of Law

Sec. 160.752.  SCOPE OF SUBCHAPTER;  CHOICE OF LAW.  (a)  Notwithstanding any other provision of this chapter or another law, this subchapter authorizes 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 that provides that the intended parents become the parents of the child.
(b)  This subchapter controls over any other law with respect to a child conceived under a gestational agreement under this subchapter.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.753. Establishment of Parent-Child Relationship

Sec. 160.753.  ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.  (a)  Notwithstanding any other provision of this chapter or another law, the mother-child relationship exists between a woman and a child by an adjudication confirming the woman as a parent of the child born to a gestational mother under a gestational agreement if the gestational agreement is validated under this subchapter or enforceable under other law, regardless of the fact that the gestational mother gave birth to the child.
(b)  The father-child relationship exists between a child and a man by an adjudication confirming the man as a parent of the child born to a gestational mother under a gestational agreement if the gestational agreement is validated under this subchapter or enforceable under other law.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.754. Gestational Agreement Authorized

Sec. 160.754.  GESTATIONAL AGREEMENT AUTHORIZED.  (a)  A prospective gestational mother, her husband if she is married, each donor, and each intended parent may enter into a written agreement providing that:
(1)  the prospective gestational mother agrees to pregnancy by means of assisted reproduction;
(2)  the prospective gestational mother, her husband if she is married, and each donor other than the intended parents, if applicable, relinquish all parental rights and duties with respect to a child conceived through assisted reproduction;
(3)  the intended parents will be the parents of the child;  and
(4)  the gestational mother and each intended parent agree to exchange throughout the period covered by the agreement all relevant information regarding the health of the gestational mother and each intended parent.
(b)  The intended parents must be married to each other.  Each intended parent must be a party to the gestational agreement.
(c)  The gestational agreement must require that the eggs used in the assisted reproduction procedure be retrieved from an intended parent or a donor.  The gestational mother's eggs may not be used in the assisted reproduction procedure.
(d)  The gestational agreement must state that the physician who will perform the assisted reproduction procedure as provided by the agreement has informed the parties to the agreement of:
(1)  the rate of successful conceptions and births attributable to the procedure, including the most recent published outcome statistics of the procedure at the facility at which it will be performed;
(2)  the potential for and risks associated with the implantation of multiple embryos and consequent multiple births resulting from the procedure;
(3)  the nature of and expenses related to the procedure;
(4)  the health risks associated with, as applicable, fertility drugs used in the procedure, egg retrieval procedures, and egg or embryo transfer procedures;  and
(5)  reasonably foreseeable psychological effects resulting from the procedure.
(e)  The parties to a gestational agreement must enter into the agreement before the 14th day preceding the date the transfer of eggs, sperm, or embryos to the gestational mother occurs for the purpose of conception or implantation.
(f)  A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse.
(g)  A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or the health of an embryo.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.755. Petition to Validate Gestational Agreement

Sec. 160.755.  PETITION TO VALIDATE GESTATIONAL AGREEMENT.  (a)  The intended parents and the prospective gestational mother under a gestational agreement may commence a proceeding to validate the agreement.
(b)  A person may maintain a proceeding to validate a gestational agreement only if:
(1)  the prospective gestational mother or the intended parents have resided in this state for the 90 days preceding the date the proceeding is commenced;
(2)  the prospective gestational mother's husband, if she is married, is joined as a party to the proceeding;  and
(3)  a copy of the gestational agreement is attached to the petition.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.756. Hearing to Validate Gestational Agreement

Sec. 160.756.  HEARING TO VALIDATE GESTATIONAL AGREEMENT.  (a)  A gestational agreement must be validated as provided by this section.
(b)  The court may validate a gestational agreement as provided by Subsection (c) only if the court finds that:
(1)  the parties have submitted to the jurisdiction of the court under the jurisdictional standards of this chapter;
(2)  the medical evidence provided shows that the intended mother is unable to carry a pregnancy to term and give birth to the child or is unable to carry the pregnancy to term and give birth to the child without unreasonable risk to her physical or mental health or to the health of the unborn child;
(3)  unless waived by the court, an agency or other person has conducted a home study of the intended parents and has determined that the intended parents meet the standards of fitness applicable to adoptive parents;
(4)  each party to the agreement has voluntarily entered into and understands the terms of the agreement;
(5)  the prospective gestational mother has had at least one previous pregnancy and delivery and carrying another pregnancy to term and giving birth to another child would not pose an unreasonable risk to the child's health or the physical or mental health of the prospective gestational mother;  and
(6)  the parties have adequately provided for which party is responsible for all reasonable health care expenses associated with the pregnancy, including providing for who is responsible for those expenses if the agreement is terminated.
(c)  If the court finds that the requirements of Subsection (b) are satisfied, the court may render an order validating the gestational agreement and declaring that the intended parents will be the parents of a child born under the agreement.
(d)  The court may validate the gestational agreement at the court's discretion.  The court's determination of whether to validate the agreement is subject to review only for abuse of discretion.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.757. Inspection of Records

Sec. 160.757.  INSPECTION OF RECORDS.  The proceedings, records, and identities of the parties to a gestational agreement under this subchapter are subject to inspection under the same standards of confidentiality that apply to an adoption under the laws of this state.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.758. Continuing, Exclusive Jurisdiction

Sec. 160.758.  CONTINUING, EXCLUSIVE JURISDICTION.  Subject to Section 152.201, a court that conducts a proceeding under this subchapter has continuing, exclusive jurisdiction of all matters arising out of the gestational agreement until the date a child born to the gestational mother during the period covered by the agreement reaches 180 days of age.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.759. Termination of Gestational Agreement

Sec. 160.759.  TERMINATION OF GESTATIONAL AGREEMENT.  (a)  Before a prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband if she is married, or either intended parent may terminate a gestational agreement validated under Section 160.756 by giving written notice of the termination to each other party to the agreement.
(b)  A person who terminates a gestational agreement under Subsection (a) shall file notice of the termination with the court.  A person having the duty to notify the court who does not notify the court of the termination of the agreement is subject to appropriate sanctions.
(c)  On receipt of the notice of termination, the court shall vacate the order rendered under Section 160.756 validating the gestational agreement.
(d)  A prospective gestational mother and her husband, if she is married, may not be liable to an intended parent for terminating a gestational agreement if the termination is in accordance with this section.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.760. Parentage Under Validated Gestational Agreement

Sec. 160.760.  PARENTAGE UNDER VALIDATED GESTATIONAL AGREEMENT.  (a)  On the birth of a child to a gestational mother under a validated gestational agreement, the intended parents shall file a notice of the birth with the court not later than the 300th day after the date assisted reproduction occurred.
(b)  After receiving notice of the birth, the court shall render an order that:
(1)  confirms that the intended parents are the child's parents;
(2)  requires the gestational mother to surrender the child to the intended parents, if necessary; and
(3)  requires the vital statistics unit to issue a birth certificate naming the intended parents as the child's parents.
(c)  If a person alleges that a child born to a gestational mother did not result from assisted reproduction, the court shall order that scientifically accepted parentage testing be conducted to determine the child's parentage.
(d)  If the intended parents fail to file the notice required by Subsection (a), the gestational mother or an appropriate state agency may file the notice required by that subsection.  On a showing that  an order validating the gestational agreement was rendered in accordance with Section 160.756, the court shall order that the intended parents are the child's parents and are financially responsible for the child.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 22, eff. June 18, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.076, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.761. Effect of Gestational Mother's Marriage After Validation of Agreement

Sec. 160.761.  EFFECT OF GESTATIONAL MOTHER'S MARRIAGE AFTER VALIDATION OF AGREEMENT.  If a gestational mother is married after the court renders an order validating a gestational agreement under this subchapter:
(1)  the validity of the gestational agreement is not affected;
(2)  the gestational mother's husband is not required to consent to the agreement;  and
(3)  the gestational mother's husband is not a presumed father of the child born under the terms of the agreement.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.762. Effect of Gestational Agreement That Is Not Validated

Sec. 160.762.  EFFECT OF GESTATIONAL AGREEMENT THAT IS NOT VALIDATED.  (a)  A gestational agreement that is not validated as provided by this subchapter is unenforceable, regardless of whether the agreement is in a record.
(b)  The parent-child relationship of a child born under a gestational agreement that is not validated as provided by this subchapter is determined as otherwise provided by this chapter.
(c)  A party to a gestational agreement that is not validated as provided by this subchapter who is an intended parent under the agreement may be held liable for the support of a child born under the agreement, even if the agreement is otherwise unenforceable.
(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 section.  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.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 160 - Uniform Parentage Act › Subchapter I. Gestational Agreements › Section 160.763. Health Care Facility Reporting Requirement

Sec. 160.763.  HEALTH CARE FACILITY REPORTING REQUIREMENT.  (a)  The executive commissioner of the Health and Human Services Commission by rule shall develop and implement a confidential reporting system that requires each health care facility in this state at which assisted reproduction procedures are performed under gestational agreements to report statistics related to those procedures.
(b)  In developing the reporting system, the executive commissioner shall require each health care facility described by Subsection (a) to annually report:
(1)  the number of assisted reproduction procedures under a gestational agreement performed at the facility during the preceding year; and
(2)  the number and current status of embryos created through assisted reproduction procedures described by Subdivision (1) that were not transferred for implantation.
Added by Acts 2003, 78th Leg., ch. 457, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.077, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter A. Grounds › Section 161.003. Involuntary Termination: Inability to Care for Child

Sec. 161.003.  INVOLUNTARY TERMINATION:  INABILITY TO CARE FOR CHILD.  (a)  The court may order termination of the parent-child relationship in a suit filed by the Department of Family and Protective Services if the court finds that:
(1)  the parent has a mental or emotional illness or a mental deficiency that renders the parent unable to provide for the physical, emotional, and mental needs of the child;
(2)  the illness or deficiency, in all reasonable probability, proved by clear and convincing evidence, will continue to render the parent unable to provide for the child's needs until the 18th birthday of the child;
(3)  the department has been the temporary or sole managing conservator of the child of the parent for at least six months preceding the date of the hearing on the termination held in accordance with Subsection (c);
(4)  the department has made reasonable efforts to return the child to the parent; and
(5)  the termination is in the best interest of the child.
(b)  Immediately after the filing of a suit under this section, the court shall appoint an attorney ad litem to represent the interests of the parent against whom the suit is brought.
(c)  A hearing on the termination may not be held earlier than 180 days after the date on which the suit was filed.
(d)  An attorney appointed under Subsection (b) shall represent the parent for the duration of the suit unless the parent, with the permission of the court, retains another attorney.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 67, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 496, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1090, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.080, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter A. Grounds › Section 161.004. Termination of Parental Rights After Denial of Prior Petition to Terminate

Sec. 161.004.  TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF PRIOR PETITION TO TERMINATE.  (a)  The court may terminate the parent-child relationship after rendition of an order that previously denied termination of the parent-child relationship if:
(1)  the petition under this section is filed after the date the order denying termination was rendered;
(2)  the circumstances of the child, parent, sole managing conservator, possessory conservator, or other party affected by the order denying termination have materially and substantially changed since the date that the order was rendered;
(3)  the parent committed an act listed under Section 161.001 before the date the order denying termination was rendered;  and
(4)  termination is in the best interest of the child.
(b)  At a hearing under this section, the court may consider evidence presented at a previous hearing in a suit for termination of the parent-child relationship of the parent with respect to the same child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.