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 D. Voluntary Acknowledgment of Paternity › Section 160.305. Effect of Acknowledgment or Denial of Paternity

Sec. 160.305.  EFFECT OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY.  (a)  Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the vital statistics unit 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.
(b)  Except as provided by Sections 160.307 and 160.308, a valid denial of paternity filed with the vital statistics unit 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.
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. 1.058, 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 D. Voluntary Acknowledgment of Paternity › Section 160.306. Filing Fee Not Required

Sec. 160.306.  FILING FEE NOT REQUIRED.  The Department of State Health Services may not charge a fee for filing:
(1)  an acknowledgment of paternity;
(2)  a denial of paternity; or
(3)  a rescission of an acknowledgment of paternity or denial of paternity.
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. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.059, 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 D. Voluntary Acknowledgment of Paternity › Section 160.307. Procedures for Rescission

Sec. 160.307.  PROCEDURES FOR RESCISSION.  (a) A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section 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 a proceeding to which the signatory is a party is initiated before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.
(b)  A signatory seeking to rescind an acknowledgment of paternity or denial of paternity must file with the vital statistics unit a completed rescission, on the form prescribed under Section 160.312, in which the signatory declares under penalty of perjury that:
(1)  as of the date the rescission is filed, a proceeding has not been held affecting the child identified in the acknowledgment of paternity or denial of paternity, including a proceeding to establish child support;
(2)  a copy of the completed rescission was sent by certified or registered mail, return receipt requested, to:
(A)  if the rescission is of an acknowledgment of paternity, the other signatory of the acknowledgment of paternity and the signatory of any related denial of paternity; or
(B)  if the rescission is of a denial of paternity, the signatories of the related acknowledgment of paternity; and
(3)  if a signatory to the acknowledgment of paternity or denial of paternity is receiving services from the Title IV-D agency, a copy of the completed rescission was sent by certified or registered mail to the Title IV-D agency.
(c)  On receipt of a completed rescission, the vital statistics unit shall void the acknowledgment of paternity or denial of paternity affected by the rescission and amend the birth record of the child, if appropriate.
(d)  Any party affected by the rescission, including the Title IV-D agency, may contest the rescission by bringing a proceeding under Subchapter G to adjudicate the parentage of the child.
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. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.060, 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 D. Voluntary Acknowledgment of Paternity › Section 160.308. Challenge After Expiration of Period for Rescission

Sec. 160.308.  CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION.
(a)  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 may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.
(b)  A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
(c)  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 issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child.
(d)  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.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 478 (H.B. 209), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 4, 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 D. Voluntary Acknowledgment of Paternity › Section 160.309. Procedure for Challenge

Sec. 160.309.  PROCEDURE FOR CHALLENGE.  (a)  Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to challenge the acknowledgment or denial of paternity.
(b)  For purposes of 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 vital statistics unit.
(c)  Except for good cause shown, while a proceeding is pending to 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.
(d)  A proceeding 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.
(e)  At the conclusion of a proceeding to challenge an acknowledgment of paternity or a denial of paternity, the court shall order the vital statistics unit to amend the birth record of the child, if appropriate.
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. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.061, 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 D. Voluntary Acknowledgment of Paternity › Section 160.310. Ratification Barred

Sec. 160.310.  RATIFICATION BARRED.  A court or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged acknowledgment 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 D. Voluntary Acknowledgment of Paternity › Section 160.311. Full Faith and Credit

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.
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 D. Voluntary Acknowledgment of Paternity › Section 160.312. Forms

Sec. 160.312.  FORMS.  (a)  To facilitate compliance with this subchapter, the vital statistics unit shall prescribe forms for the:
(1)  acknowledgment of paternity;
(2)  denial of paternity; and
(3)  rescission of an acknowledgment or denial of paternity.
(b)  A valid acknowledgment of paternity, denial of paternity, or rescission of an acknowledgment or denial of paternity is not affected by a later modification of the prescribed form.
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. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.062, 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 D. Voluntary Acknowledgment of Paternity › Section 160.313. Release of Information

Sec. 160.313.  RELEASE OF INFORMATION.  The vital statistics unit 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.
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. 1.063, 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 D. Voluntary Acknowledgment of Paternity › Section 160.314. Adoption of Rules

Sec. 160.314.  ADOPTION OF RULES.  The Title IV-D agency and the executive commissioner of the Health and Human Services Commission may adopt rules to implement this subchapter.
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. 1.064, 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 D. Voluntary Acknowledgment of Paternity › Section 160.315. Memorandum of Understanding

Sec. 160.315.  MEMORANDUM OF UNDERSTANDING.  (a)  The Title IV-D agency and the vital statistics unit shall adopt a memorandum of understanding governing the collection and transfer of information for the voluntary acknowledgment of paternity.
(b)  The Title IV-D agency and the vital statistics unit shall review the memorandum semiannually and renew or modify the memorandum as necessary.
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. 1.065, 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 E. Registry of Paternity › Section 160.401. Establishment of Registry

Sec. 160.401.  ESTABLISHMENT OF REGISTRY.  A registry of paternity is established in the vital statistics unit.
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. 1.066, 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 E. Registry of Paternity › Section 160.402. Registration for Notification

Sec. 160.402.  REGISTRATION FOR NOTIFICATION.  (a)  Except as otherwise provided by Subsection (b), a man who desires to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child that he may have fathered may register with the registry of paternity:
(1)  before the birth of the child;  or
(2)  not later than the 31st day after the date of the birth of the child.
(b)  A man is entitled to notice of a proceeding described by Subsection (a) regardless of whether he registers with the registry of paternity if:
(1)  a father-child relationship between the man and the child has been established under this chapter or another law;  or
(2)  the man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
(c)  A registrant shall promptly notify the registry in a record of any change in the information provided by the registrant.  The vital statistics unit shall incorporate all new information received into its records but is not required to affirmatively seek to obtain current information for incorporation in the registry.
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. 1.067, 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 E. Registry of Paternity › Section 160.403. Notice of Proceeding

Sec. 160.403.  NOTICE OF PROCEEDING.  Except as provided by Sections 161.002(b)(2), (3), and (4) and (f), notice of a proceeding to adopt or to terminate parental rights regarding a child must be given to a registrant who has timely registered with regard to that child.  Notice must be given in a manner prescribed for service of process in a civil action.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 2, 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 E. Registry of Paternity › Section 160.404. Termination of Parental Rights: Failure to Register

Sec. 160.404.  TERMINATION OF PARENTAL RIGHTS: FAILURE TO REGISTER.  The parental rights of a man alleged to be the father of a child may be terminated without notice as provided by Section 161.002 if the man:
(1)  did not timely register with the vital statistics unit; and
(2)  is not entitled to notice under Section 160.402 or 161.002.
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. 1.068, 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 E. Registry of Paternity › Section 160.411. Required Form

Sec. 160.411.  REQUIRED FORM.  The vital statistics unit shall adopt a form for registering with the registry.  The form must require the signature of the registrant.  The form must state that:
(1)  the form is signed under penalty of perjury;
(2)  a timely registration entitles the registrant to notice of a proceeding for adoption of the child or for termination of the registrant's parental rights;
(3)  a timely registration does not commence a proceeding to establish paternity;
(4)  the information disclosed on the form may be used against the registrant to establish paternity;
(5)  services to assist in establishing paternity are available to the registrant through the support enforcement agency;
(6)  the registrant should also register in another state if the conception or birth of the child occurred in the other state;
(7)  information on registries in other states is available from the vital statistics unit; and
(8)  procedures exist to rescind the registration of a claim of paternity.
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. 1.069, 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 E. Registry of Paternity › Section 160.412. Furnishing of Information; Confidentiality

Sec. 160.412.  FURNISHING OF INFORMATION;  CONFIDENTIALITY.  (a)  The vital statistics unit is not required to attempt to locate the mother of a child who is the subject of a registration.  The vital statistics unit shall send a copy of the notice of the registration to a mother who has provided an address.
(b)  Information contained in the registry is confidential and may be released on request only to:
(1)  a court or a person designated by the court;
(2)  the mother of the child who is the subject of the registration;
(3)  an agency authorized by another law to receive the information;
(4)  a licensed child-placing agency;
(5)  a support enforcement agency;
(6)  a party, or the party's attorney of record, to a proceeding under this chapter or a proceeding to adopt or to terminate parental rights regarding a child who is the subject of the registration;  and
(7)  the registry of paternity in another state.
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. 1.070, 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 E. Registry of Paternity › Section 160.413. Offense: Unauthorized Release of Information

Sec. 160.413.  OFFENSE:  UNAUTHORIZED RELEASE OF INFORMATION.  (a)  A person commits an offense if the person intentionally releases information from the registry of paternity to another person, including an agency, that is not authorized to receive the information under Section 160.412.
(b)  An offense under this section is a Class A misdemeanor.
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 E. Registry of Paternity › Section 160.414. Rescission of Registration

Sec. 160.414.  RESCISSION OF REGISTRATION.  A registrant may rescind his registration at any time by sending to the registry a rescission in a record or another manner authenticated by him and witnessed or notarized.
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 E. Registry of Paternity › Section 160.415. Untimely Registration

Sec. 160.415.  UNTIMELY REGISTRATION.  If a man registers later than the 31st day after the date of the birth of the child, the vital statistics unit shall notify the registrant that the registration was not timely filed.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 627 (H.B. 567), Sec. 1, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.071, 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 E. Registry of Paternity › Section 160.416. Fees for Registry

Sec. 160.416.  FEES FOR REGISTRY.  (a)  A fee may not be charged for filing a registration or to rescind a registration.
(b)  Except as otherwise provided by Subsection (c), the vital statistics unit may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
(c)  A support enforcement agency is not required to pay a fee authorized by Subsection (b).
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. 1.072, 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 E. Registry of Paternity › Section 160.421. Search of Appropriate Registry

Sec. 160.421.  SEARCH OF APPROPRIATE REGISTRY.  (a)  If a father-child relationship has not been established under this chapter, a petitioner for the adoption of or the termination of parental rights regarding the child must obtain a certificate of the results of a search of the registry.  The petitioner may request a search of the registry on or after the 32nd day after the date of the birth of the child, and the executive commissioner of the Health and Human Services Commission may not by rule impose a waiting period that must elapse before the vital statistics unit will conduct the requested search.
(b)  If the petitioner for the adoption of or the termination of parental rights regarding a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must obtain a certificate of the results of a search of the paternity registry, if any, in the other state.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 627 (H.B. 567), Sec. 2, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.073, 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 E. Registry of Paternity › Section 160.422. Certificate of Search of Registry

Sec. 160.422.  CERTIFICATE OF SEARCH OF REGISTRY.  (a)  The vital statistics unit shall furnish a certificate of the results of a search of the registry on request by an individual, a court, or an agency listed in Section 160.412(b).
(b)  The certificate of the results of a search must be signed on behalf of the unit and state that:
(1)  a search has been made of the registry; and
(2)  a registration containing the information required to identify the registrant:
(A)  has been found and is attached to the certificate; or
(B)  has not been found.
(c)  A petitioner must file the certificate of the results of a search of the registry with the court before a proceeding for the adoption of or termination of parental rights regarding a child may be concluded.
(d)  A search of the registry is not required if a parent-child relationship exists between a man and the child, as provided by Section 160.201(b), and that man:
(1)  has been served with citation of the proceeding for termination of the parent-child relationship; or
(2)  has signed a relinquishment of parental rights with regard to 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. 1283 (H.B. 3997), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.074, 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 E. Registry of Paternity › Section 160.423. Admissibility of Certificate

Sec. 160.423.  ADMISSIBILITY OF CERTIFICATE.  A certificate of the results of a search of the registry in this state or of a paternity registry in another state is admissible in a proceeding for the adoption of or the termination of parental rights regarding a child and, if relevant, in other legal proceedings.
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 F. Genetic Testing › Section 160.501. Application of Subchapter

Sec. 160.501.  APPLICATION OF SUBCHAPTER.  This subchapter governs genetic testing of an individual to determine parentage, regardless of whether the individual:
(1)  voluntarily submits to testing;  or
(2)  is tested under an order of a court or a support enforcement agency.
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 F. Genetic Testing › Section 160.502. Order for Testing

Sec. 160.502.  ORDER FOR TESTING.  (a)  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.
(b)  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.
(c)  If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
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 F. Genetic Testing › Section 160.503. Requirements for Genetic Testing

Sec. 160.503.  REQUIREMENTS FOR GENETIC TESTING.  (a)  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.
(b)  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.
(c)  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:
(A)  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
(B)  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.
(d)  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.
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 F. Genetic Testing › Section 160.504. Report of Genetic Testing

Sec. 160.504.  REPORT OF GENETIC TESTING.  (a)  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.
(b)  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.
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 F. Genetic Testing › Section 160.505. Genetic Testing Results; Rebuttal

Sec. 160.505.  GENETIC TESTING RESULTS;  REBUTTAL.  (a)  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.
(b)  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.
(c)  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.
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 F. Genetic Testing › Section 160.506. Costs of Genetic Testing

Sec. 160.506.  COSTS OF GENETIC TESTING.  (a)  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.
(b)  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.
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 F. Genetic Testing › Section 160.507. Additional Genetic Testing

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.
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 F. Genetic Testing › Section 160.508. Genetic Testing When All Individuals Not Available

Sec. 160.508.  GENETIC TESTING WHEN ALL INDIVIDUALS NOT AVAILABLE.  (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.
(b)  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.
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 F. Genetic Testing › Section 160.509. Deceased Individual

Sec. 160.509.  DECEASED INDIVIDUAL.  For good cause shown, the court may order genetic testing of a deceased individual.
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 F. Genetic Testing › Section 160.510. Identical Brothers

Sec. 160.510.  IDENTICAL BROTHERS.  (a)  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.
(b)  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.
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 F. Genetic Testing › Section 160.511. Offense: Unauthorized Release of Specimen

Sec. 160.511.  OFFENSE:  UNAUTHORIZED RELEASE OF SPECIMEN.  (a)  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.
(b)  An offense under this section is a Class A misdemeanor.
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 F. Genetic Testing › Section 160.512. Offense: Falsification of Specimen

Sec. 160.512.  OFFENSE:  FALSIFICATION OF SPECIMEN.  (a)  A person commits an offense if the person alters, destroys, conceals, fabricates, or falsifies genetic evidence in a proceeding to adjudicate parentage, including inducing another person to provide a specimen with the intent to affect the outcome of the proceeding.
(b)  An offense under this section is a felony of the third degree.
(c)  An order excluding a man as the biological father of a child based on genetic evidence shown to be altered, fabricated, or falsified is void and unenforceable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 7, 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 160.601. Proceeding Authorized; Rules of Procedure

Sec. 160.601.  PROCEEDING AUTHORIZED;  RULES OF PROCEDURE.  (a)  A civil proceeding may be maintained to adjudicate the parentage of a child.
(b)  The proceeding is governed by the Texas Rules of Civil Procedure, except as provided by Chapter 233.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 23, eff. June 19, 2009.
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 160.602. Standing to Maintain Proceeding

Sec. 160.602.  STANDING TO MAINTAIN PROCEEDING.  (a)  Subject to Subchapter D  and Sections 160.607 and 160.609 and except as provided by Subsection (b), 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;
(7)  a person related within the second degree by consanguinity to the mother of the child, if the mother is deceased;  or
(8)  a person who is an intended parent.
(b)  After the date a child having no presumed, acknowledged, or adjudicated father becomes an adult, a proceeding to adjudicate the parentage of the adult child may only be maintained by the adult child.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 457, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1248, Sec. 3, 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 160.603. Necessary Parties to Proceeding

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.
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 160.6035. Contents of Petition; Statement Relating to Certain Protective Orders Required

Sec. 160.6035.  CONTENTS OF PETITION; STATEMENT RELATING TO CERTAIN PROTECTIVE ORDERS REQUIRED.  (a)  The petition in a proceeding to adjudicate parentage must include a statement as to whether, in regard to a party to the proceeding or a child of a party to the proceeding:
(1)  there is in effect:
(A)  a protective order under Title 4;
(B)  a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure; or
(C)  an order for emergency protection under Article 17.292, Code of Criminal Procedure; or
(2)  an application for an order described by Subdivision (1) is pending.
(b)  The petitioner shall attach a copy of each order described by Subsection (a)(1) in which a party to the proceeding or a child of a party to the proceeding was the applicant or victim of the conduct alleged in the application or order and the other party was the respondent or defendant of an action regarding the conduct alleged in the application or order without regard to the date of the order.  If a copy of the order is not available at the time of filing, the petition must state that a copy of the order will be filed with the court before any hearing.
(c)  Notwithstanding any other provision of this section, if the Title IV-D agency files a petition in a proceeding to adjudicate parentage, the agency is not required to:
(1)  include in the petition the statement described by Subsection (a); or
(2)  attach copies of the documentation described by Subsection (b).
Added by Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 7, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.37, eff. January 1, 2021.
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 160.604. Personal Jurisdiction

Sec. 160.604.  PERSONAL JURISDICTION.  (a)  An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b)  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.
(c)  If the court lacks jurisdiction over one individual, the court:
(1)  is not precluded from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction; and
(2)  may not delay the adjudication described by Subdivision (1) solely due to the lack of jurisdiction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 10, eff. September 1, 2023.
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 160.605. Venue

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.
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 160.606. No Time Limitation: Child Having No Presumed, Acknowledged, or Adjudicated Father

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.
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 160.607. Time Limitation: Child Having Presumed Father

Sec. 160.607.  TIME LIMITATION:  CHILD HAVING PRESUMED FATHER.  (a)  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.
(b)  A proceeding seeking to adjudicate the parentage of a child having a 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;  or
(2)  the presumed father was precluded from commencing a proceeding to adjudicate the parentage of the child before the expiration of the time prescribed by Subsection (a) because of the mistaken belief that he was the child's biological father based on misrepresentations that led him to that conclusion.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 8, eff. September 1, 2011.