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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 2. Contest of Validity or Enforcement › Section 159.608. Confirmed Order

Sec. 159.608.  CONFIRMED ORDER.  Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 46, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 3. Registration and Modification of Child Support Order of Another State › Section 159.609. Procedure to Register Child Support Order of Another State for Modification

Sec. 159.609.  PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.  A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Sections 159.601 through 159.608 if the order has not been registered.  A petition for modification may be filed at the same time as a request for registration, or later.  The pleading must specify the grounds for modification.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 48, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 3. Registration and Modification of Child Support Order of Another State › Section 159.610. Effect of Registration for Modification

Sec. 159.610.  EFFECT OF REGISTRATION FOR MODIFICATION.  A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 159.611 or 159.613 have been met.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 37, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 49, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 3. Registration and Modification of Child Support Order of Another State › Section 159.612. Recognition of Order Modified in Another State

Sec. 159.612.  RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.  If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act, a tribunal of this state:
(1)  may enforce the order that was modified only as to arrears and interest accruing before the modification;
(2)  may provide appropriate relief for violations of the order that occurred before the effective date of the modification; and
(3)  shall recognize the modifying order of the other state, on registration, for the purpose of enforcement.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 39, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 51, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 3. Registration and Modification of Child Support Order of Another State › Section 159.613. Jurisdiction to Modify Child Support Order of Another State When Individual Parties Reside in This State

Sec. 159.613.  JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.  (a)  If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b)  A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Subchapters B and C, this subchapter, and the procedural and substantive law of this state to the proceeding for enforcement or modification.  Subchapters D, E, F, H, and I do not apply.
Added by Acts 1997, 75th Leg., ch. 607, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 52, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 3. Registration and Modification of Child Support Order of Another State › Section 159.614. Notice to Issuing Tribunal of Modification

Sec. 159.614.  NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.  Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered.  A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.  The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Added by Acts 1997, 75th Leg., ch. 607, Sec. 18, eff. Sept. 1, 1997.
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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 4. Registration and Modification of Foreign Child Support Order › Section 159.615. Jurisdiction to Modify Child Support Order of Foreign Country

Sec. 159.615.  JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY.  (a)  Except as otherwise provided by Section 159.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal regardless of whether the consent to modification of a child support order otherwise required of the individual under Section 159.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b)  An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.
Added by Acts 2003, 78th Leg., ch. 1247, Sec. 40, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 54, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter G. Registration, Enforcement, and Modification of Support Order › Part 4. Registration and Modification of Foreign Child Support Order › Section 159.616. Procedure to Register Child Support Order of Foreign Country for Modification

Sec. 159.616.  PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.  A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under Sections 159.601 through 159.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 55, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.701. Definitions

Sec. 159.701.  DEFINITIONS.  In this subchapter:
(1)  "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2)  "Central authority" means the entity designated by the United States or a foreign country described in Section 159.102(5)(D) to perform the functions specified in the Convention.
(3)  "Convention support order" means a support order of a tribunal of a foreign country described in Section 159.102(5)(D).
(4)  "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5)  "Foreign central authority" means the entity designated by a foreign country described in Section 159.102(5)(D) to perform the functions specified in the Convention.
(6)  "Foreign support agreement":
(A)  means an agreement for support in a record that:
(i)  is enforceable as a support order in the country of origin;
(ii)  has been:
(a)  formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(b) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii)  may be reviewed and modified by a foreign tribunal; and
(B)  includes a maintenance arrangement or authentic instrument under the Convention.
(7)  "United States central authority" means the secretary of the United States Department of Health and Human Services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 41, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 57, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.702. Applicability

Sec. 159.702.  APPLICABILITY.  This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with Subchapters B through G, this subchapter controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.703. Relationship of Office of Attorney General to United States Central Authority

Sec. 159.703.  RELATIONSHIP OF OFFICE OF ATTORNEY GENERAL TO UNITED STATES CENTRAL AUTHORITY.  The office of the attorney general of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.704. Initiation by Office of Attorney General of Support Proceeding Under Convention

Sec. 159.704.  INITIATION BY OFFICE OF ATTORNEY GENERAL OF SUPPORT PROCEEDING UNDER CONVENTION.  (a) In a support proceeding under this subchapter, the office of the attorney general of this state shall:
(1)  transmit and receive applications; and
(2)  initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b)  The following support proceedings are available to an obligee under the Convention:
(1)  recognition or recognition and enforcement of a foreign support order;
(2)  enforcement of a support order issued or recognized in this state;
(3)  establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4)  establishment of a support order if recognition of a foreign support order is refused under Section 159.708(b)(2), (4), or (9);
(5)  modification of a support order of a tribunal of this state; and
(6)  modification of a support order of a tribunal of another state or a foreign country.
(c)  The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1)  recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2)  modification of a support order of a tribunal of this state; and
(3)  modification of a support order of a tribunal of another state or a foreign country.
(d)  A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.705. Direct Request

Sec. 159.705.  DIRECT REQUEST.  (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b)  A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 159.706 through 159.713 apply.
(c)  In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1)  a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2)  an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d)  A petitioner filing a direct request is not entitled to assistance from the office of the attorney general.
(e)  This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.706. Registration of Convention Support Order

Sec. 159.706.  REGISTRATION OF CONVENTION SUPPORT ORDER.  (a) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Subchapter G.
(b)  Notwithstanding Sections 159.311 and 159.602(a), a request for registration of a Convention support order must be accompanied by:
(1)  the complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2)  a record stating that the support order is enforceable in the issuing country;
(3)  if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4)  a record showing the amount of arrears, if any, and the date the amount was calculated;
(5)  a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6)  if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c)  A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d)  A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 159.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e)  The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.707. Contest of Registered Convention Support Order

Sec. 159.707.  CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.  (a) Except as otherwise provided in this subchapter, Sections 159.605 through 159.608 apply to a contest of a registered Convention support order.
(b)  A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration.  If the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c)  If the nonregistering party fails to contest the registered Convention support order by the time specified in Subsection (b), the order is enforceable.
(d)  A contest of a registered Convention support order may be based only on grounds set forth in Section 159.708. The contesting party bears the burden of proof.
(e)  In a contest of a registered Convention support order, a tribunal of this state:
(1)  is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2)  may not review the merits of the order.
(f)  A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g)  A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.708. Recognition and Enforcement of Registered Convention Support Order

Sec. 159.708.  RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.  (a)  Except as otherwise provided in Subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.
(b)  The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(1)  recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2)  the issuing tribunal lacked personal jurisdiction consistent with Section 159.201;
(3)  the order is not enforceable in the issuing country;
(4)  the order was obtained by fraud in connection with a matter of procedure;
(5)  a record transmitted in accordance with Section 159.706 lacks authenticity or integrity;
(6)  a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7)  the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(8)  payment, to the extent alleged arrears have been paid in whole or in part;
(9)  in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A)  if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B)  if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10)  the order was made in violation of Section 159.711.
(c)  If a tribunal of this state does not recognize a Convention support order under Subsection (b)(2), (4), or (9):
(1)  the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2)  the office of the attorney general shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 159.704.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.709. Partial Enforcement

Sec. 159.709.  PARTIAL ENFORCEMENT.  If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.710. Foreign Support Agreement

Sec. 159.710.  FOREIGN SUPPORT AGREEMENT.  (a) Except as otherwise provided by Subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b)  An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1)  the complete text of the foreign support agreement; and
(2)  a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c)  A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d)  In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1)  recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2)  the agreement was obtained by fraud or falsification;
(3)  the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
(4)  the record submitted under Subsection (b) lacks authenticity or integrity.
(e)  A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.711. Modification of Convention Child Support Order

Sec. 159.711.  MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. (a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1)  the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2)  the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b)  If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, Section 159.708(c) applies.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.712. Personal Information; Limit on Use

Sec. 159.712.  PERSONAL INFORMATION; LIMIT ON USE. Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter H. Support Proceeding Under Convention › Section 159.713. Record in Original Language; English Translation

Sec. 159.713.  RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A record filed with a tribunal of this state under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 58, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter I. Interstate Rendition › Section 159.801. Grounds for Rendition

Sec. 159.801.  GROUNDS FOR RENDITION.  (a)  For purposes of this subchapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b)  The governor of this state may:
(1)  demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee;  or
(2)  on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c)  A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 42, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 59, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter I. Interstate Rendition › Section 159.802. Conditions of Rendition

Sec. 159.802.  CONDITIONS OF RENDITION.
(a)  Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that, not less than 60 days previously, the obligee had initiated proceedings for support under this chapter or that the proceeding would be of no avail.
(b)  If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective.  If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c)  If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand.  If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 43, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 60, eff. July 1, 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 159 - Uniform Interstate Family Support Act › Subchapter J. Miscellaneous Provisions › Section 159.901. Uniformity of Application and Construction

Sec. 159.901.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 44, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 61, eff. July 1, 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 A. Application and Construction › Section 160.001. Application and Construction

Sec. 160.001.  APPLICATION AND CONSTRUCTION.  This chapter shall be applied and construed to promote the uniformity of the law among the states that enact the Uniform Parentage Act.
Amended 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 A. Application and Construction › Section 160.002. Conflicts Between Provisions

Sec. 160.002.  CONFLICTS BETWEEN PROVISIONS.  If a provision of this chapter conflicts with another provision of this title or another state statute or rule and the conflict cannot be reconciled, this chapter prevails.
Amended 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 B. General Provisions › Section 160.101. Short Title

Sec. 160.101.  SHORT TITLE.  This chapter may be cited as the Uniform Parentage Act.
Amended 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 B. General Provisions › Section 160.103. Scope of Chapter; Choice of Law

Sec. 160.103.  SCOPE OF CHAPTER;  CHOICE OF LAW.  (a)  Except as provided by Chapter 233, this chapter governs every determination of parentage in this state.
(b)  The court shall apply the law of this state to adjudicate the parent-child relationship.  The applicable law does not depend on:
(1)  the place of birth of the child;  or
(2)  the past or present residence of the child.
(c)  This chapter does not create, enlarge, or diminish parental rights or duties under another law of this state.
(d)  Repealed by Acts 2003, 78th Leg., ch. 457, Sec. 3.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 457, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 22, 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 B. General Provisions › Section 160.104. Authorized Courts

Sec. 160.104.  AUTHORIZED COURTS.  The following courts are authorized to adjudicate parentage under this chapter:
(1)  a court with jurisdiction to hear a suit affecting the parent-child relationship under this title;  or
(2)  a court with jurisdiction to adjudicate parentage under another law of this state.
Amended 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 B. General Provisions › Section 160.105. Protection of Participants

Sec. 160.105.  PROTECTION OF PARTICIPANTS.  A proceeding under this chapter is subject to the other laws of this state governing the health, safety, privacy, and liberty of a child or any other individual who may be jeopardized by the disclosure of identifying information, including the person's address, telephone number, place of employment, and social security number and the name of the child's day-care facility and school.
Amended 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 B. General Provisions › Section 160.106. Determination of Maternity

Sec. 160.106.  DETERMINATION OF MATERNITY.  The provisions of this chapter relating to the determination of paternity apply to a determination of maternity.
Amended 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 C. Parent-Child Relationship › Section 160.201. Establishment of Parent-Child Relationship

Sec. 160.201.  ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP.  (a)  The mother-child relationship is established between a woman and a child by:
(1)  the woman giving birth to the child;
(2)  an adjudication of the woman's maternity;  or
(3)  the adoption of the child by the woman.
(b)  The father-child relationship is established between a man and a child by:
(1)  an unrebutted presumption of the man's paternity of the child under Section 160.204;
(2)  an effective acknowledgment of paternity by the man under Subchapter D, unless the acknowledgment has been rescinded or successfully challenged;
(3)  an adjudication of the man's paternity;
(4)  the adoption of the child by the man;  or
(5)  the man's consenting to assisted reproduction by his wife under Subchapter H, which resulted in the birth of the child.
Amended 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 C. Parent-Child Relationship › Section 160.202. No Discrimination Based on Marital Status

Sec. 160.202.  NO DISCRIMINATION BASED ON MARITAL STATUS.  A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
Amended 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 C. Parent-Child Relationship › Section 160.203. Consequences of Establishment of Parentage

Sec. 160.203.  CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE.  Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by another law of this state.
Amended 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 C. Parent-Child Relationship › Section 160.204. Presumption of Paternity

Sec. 160.204.  PRESUMPTION OF PATERNITY.  (a)  A man is presumed to be the father of a child if:
(1)  he is married to the mother of the child and the child is born during the marriage;
(2)  he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3)  he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(4)  he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
(A)  the assertion is in a record filed with the vital statistics unit;
(B)  he is voluntarily named as the child's father on the child's birth certificate; or
(C)  he promised in a record to support the child as his own; or
(5)  during the first two years of the child's life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
(b)  A presumption of paternity established under this section may be rebutted only by:
(1)  an adjudication under Subchapter G;  or
(2)  the filing of a valid denial of paternity by a presumed father in conjunction with the filing by another person of a valid acknowledgment of paternity as provided by Section 160.305.
Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 10, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1248, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.055, 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 160.301. Acknowledgment of Paternity

Sec. 160.301.  ACKNOWLEDGMENT OF PATERNITY.  The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the intent to establish the man's paternity.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.  Amended by Acts 2003, 78th Leg., ch. 1248, 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 D. Voluntary Acknowledgment of Paternity › Section 160.302. Execution of Acknowledgment of Paternity

Sec. 160.302.  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY.  (a)  An acknowledgment of paternity must:
(1)  be in a record;
(2)  be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity;
(3)  state that the child whose paternity is being acknowledged:
(A)  does not have a presumed father or has a presumed father whose full name is stated; and
(B)  does not have another acknowledged or adjudicated father;
(4)  state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5)  state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances.
(b)  An acknowledgment of paternity is void if it:
(1)  states that another man is a presumed father of the child, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the vital statistics unit;
(2)  states that another man is an acknowledged or adjudicated father of the child; or
(3)  falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(c)  A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
(d)  An acknowledgment of paternity constitutes an affidavit under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section 666(a)(5)(C)).
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. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.056, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 7, eff. September 1, 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 160.303. Denial of Paternity

Sec. 160.303.  DENIAL OF PATERNITY.  A presumed father of a child may sign a denial of his paternity.  The denial is valid only if:
(1)  an acknowledgment of paternity signed or otherwise authenticated by another man is filed under Section 160.305;
(2)  the denial is in a record and is signed or otherwise authenticated under penalty of perjury;  and
(3)  the presumed father has not previously:
(A)  acknowledged paternity of the child, unless the previous acknowledgment has been rescinded under Section 160.307 or successfully challenged under Section 160.308;  or
(B)  been adjudicated to be 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 D. Voluntary Acknowledgment of Paternity › Section 160.304. Rules for Acknowledgment and Denial of Paternity

Sec. 160.304.  RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY.  (a)  An acknowledgment of paternity and a denial of paternity may be contained in a single document or in different documents and may be filed separately or simultaneously.  If the acknowledgment and denial are both necessary, neither document is valid until both documents are filed.
(b)  An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(c)  Subject to Subsection (a), an acknowledgment of paternity or denial of paternity takes effect on the date of the birth of the child or the filing of the document with the vital statistics unit, whichever occurs later.
(d)  An acknowledgment of paternity or denial of paternity signed by a minor is valid if it otherwise complies with this chapter.
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. 1.057, eff. April 2, 2015.