DNA Testing for Paternity, Maternity, Sibling and Immigration

Accredited Legal, Private, Clinical and Mobile DNA Test Services plus Home DNA Test Kits
Providing answers to life's toughest questions

DNA Identifiers has been offering clients peace of mind since 2001. Our service is quick, confidential and compassionate. We are commited to excellence in customer service!

Contact Us Today (888) 362-4339

Se Habla Español!

Resources

Please recommend this site to others!




www.dog-dna.com

Bedrooms, Backseats and Courtrooms

The Truth About Sex in America Today
Co-authored by our own Meagan Thompson

Texas State Paternity Laws

posted by DNA Identifiers @ 9:54 AM
Thursday, July 16, 2009

texas

The below information is a general guide to Texas State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Establishing Paternity in Texas – Paternity Kit

Link: Establishing Paternity in Texas – FAQ’s

Link: Texas – Child Support Division

Link: Texas – Department of State Health Services Paternity: FAQ

Link: Texas – Attorney General – Paternity Establishment

Link: Texas – Attorney General – Why Paternity Establishment Is Important

Required Probability of Paternity for Texas Courts: 99%

Required Paternity Index: 100 to 1

Current Texas Paternity Law: Family Code – Title 5. Subtitle B. Chapter 160.

Subchapter C. – 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 [Previous Hit] paternity [Next Hit] of the child under Section 160.204;

(2)  an effective acknowledgment of [Previous Hit] paternity [Next Hit] by the man under Subchapter D, unless the acknowledgment has been rescinded or successfully challenged;

(3)  an adjudication of the man’s [Previous Hit] paternity [Next Hit] ;

(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.

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.

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.

Sec. 160.204.  PRESUMPTION OF [Previous Hit] PATERNITY [Next Hit] .  (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 [Previous Hit] paternity [Next Hit] of the child, and:

(A)  the assertion is in a record filed with the bureau of vital statistics;

(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 [Previous Hit] paternity [Next Hit] established under this section may be rebutted only by:

(1)  an adjudication under Subchapter G; or

(2)  the filing of a valid denial of [Previous Hit] paternity [Next Hit] by a presumed father in conjunction with the filing by another person of a valid acknowledgment of [Previous Hit] paternity [Next Hit] 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.

SUBCHAPTER D. VOLUNTARY ACKNOWLEDGMENT OF [Previous Hit] PATERNITY [Next Hit]

Sec. 160.301.  ACKNOWLEDGMENT OF [Previous Hit] PATERNITY [Next Hit] .  The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of [Previous Hit] paternity [Next Hit] with the intent to establish the man’s [Previous Hit] paternity [Next Hit] .

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.

Sec. 160.302.  EXECUTION OF ACKNOWLEDGMENT OF [Previous Hit] PATERNITY [Next Hit] .  (a)  An acknowledgment of [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] ;

(3)  state that the child whose [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after four years.

(b)  An acknowledgment of [Previous Hit] paternity [Next Hit] is void if it:

(1)  states that another man is a presumed father of the child, unless a denial of [Previous Hit] paternity [Next Hit] signed or otherwise authenticated by the presumed father is filed with the bureau of vital statistics;

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

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

(c)  A presumed father may sign or otherwise authenticate an acknowledgment of [Previous Hit] paternity [Next Hit] .

Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

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

(1)  an acknowledgment of [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] 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.

Sec. 160.304.  RULES FOR ACKNOWLEDGMENT AND DENIAL OF [Previous Hit] PATERNITY [Next Hit] .  (a)  An acknowledgment of [Previous Hit] paternity [Next Hit] and a denial of [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] or a denial of [Previous Hit] paternity [Next Hit] may be signed before the birth of the child.

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

(d)  An acknowledgment of [Previous Hit] paternity [Next Hit] or denial of [Previous Hit] paternity [Next Hit] 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.

Sec. 160.305.  EFFECT OF ACKNOWLEDGMENT OR DENIAL OF [Previous Hit] PATERNITY [Next Hit] .  (a)  Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of [Previous Hit] paternity [Next Hit] filed with the bureau of vital statistics is the equivalent of an adjudication of the [Previous Hit] paternity [Next Hit] 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 [Previous Hit] paternity [Next Hit] filed with the bureau of vital statistics in conjunction with a valid acknowledgment of [Previous Hit] paternity [Next Hit] 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.

Link: Texas Laws

This information is a general guide. Research your state laws for current information or contact a family attorney.

Bookmark and Share

Comments are closed.

Copyright ©2017 Innersanctum Inc. | Privacy Policy | 5316 NE 15th Avenue, Portland OR 97211 | | Updated: 06/27/17 | In California: www.california-dna-testing.com | In Oregon: www.oregon-dna.com | Immigration DNA Testing: www.immigration-test.com | Dog DNA Testing: www.dog-dna.com