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Texas Family Code - Section 160.308. Challenge After Expiration Of Period For Rescission

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 160.308. Challenge After Expiration Of Period For Rescission

§ 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 must be commenced before 
the fourth anniversary of the date the acknowledgment or denial is 
filed with the bureau of vital statistics unless the signatory was a 
minor on the date the signatory executed the acknowledgment or 
denial.  If the signatory was a minor on the date the signatory 
executed the acknowledgment or denial, the proceeding must be 
commenced before the earlier of the fourth anniversary of the date 
of:
		(1)  the signatory's 18th birthday;  or                                       
		(2)  the removal of the signatory's disabilities of 
minority by court order, marriage, or by other operation of law.
	(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 fourth anniversary of 
the date the acknowledgment of paternity is filed with the bureau of 
vital statistics unless the signatory was a minor on the date the 
signatory executed the acknowledgment.  If the signatory was a 
minor on the date the signatory executed the acknowledgment, a 
collateral attack on the acknowledgment of paternity may not be 
maintained after the earlier of the fourth anniversary of the date 
of:
		(1)  the signatory's 18th birthday;  or                                       
		(2)  the removal of the signatory's disabilities of 
minority by court order, marriage, or by other operation of law.
	(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, § 1.01, eff. June 14, 
2001.  Amended by Acts 2005, 79th Leg., ch. 478, § 1, eff. Sept. 
1, 2005.

Last modified: August 11, 2007