Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Section 160.608. Authority To Deny Motion For Genetic Testing

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 160.608. Authority To Deny Motion For Genetic Testing

§ 160.608. AUTHORITY TO DENY MOTION FOR GENETIC 
TESTING.  (a) In a proceeding to adjudicate parentage, a court may 
deny a motion for an order for the genetic testing of the mother, 
the child, and the presumed father if the court determines that:
		(1)  the conduct of the mother or the presumed father 
estops that party from denying parentage;  and
		(2)  it would be inequitable to disprove the 
father-child relationship between the child and the presumed 
father.
	(b)  In determining whether to deny a motion for an order for 
genetic testing under this section, the court shall consider the 
best interest of the child, including the following factors:
		(1)  the length of time between the date of the 
proceeding to adjudicate parentage and the date the presumed father 
was placed on notice that he might not be the genetic father;
		(2)  the length of time during which the presumed 
father has assumed the role of father of the child;
		(3)  the facts surrounding the presumed father's 
discovery of his possible nonpaternity;
		(4)  the nature of the relationship between the child 
and the presumed father;
		(5)  the age of the child;                                                    
		(6)  any harm that may result to the child if presumed 
paternity is successfully disproved;
		(7)  the nature of the relationship between the child 
and the alleged father;
		(8)  the extent to which the passage of time reduces the 
chances of establishing the paternity of another man and a child 
support obligation in favor of the child;  and
		(9)  other factors that may affect the equities arising 
from the disruption of the father-child relationship between the 
child and the presumed father or the chance of other harm to the 
child.
	(c)  In a proceeding involving the application of this 
section, a child who is a minor or is incapacitated must be 
represented by an amicus attorney or attorney ad litem.
	(d)  A denial of a motion for an order for genetic testing 
must be based on clear and convincing evidence.
	(e)  If the court denies a motion for an order for genetic 
testing, the court shall issue an order adjudicating the presumed 
father to be the father of the child.
	(f)  This section applies to a proceeding to rescind or 
challenge an acknowledgment of paternity or a denial of paternity 
as provided by Section 160.309(d).

Added by Acts 2001, 77th Leg., ch. 821, § 1.01, eff. June 14, 
2001.  Amended by Acts 2003, 78th Leg., ch. 1248, § 5, eff. Sept. 
1, 2003;  Acts 2005, 79th Leg., ch. 172, § 17, eff. Sept. 1, 2005.

Last modified: August 11, 2007