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Texas Family Code - Section 160.637. Binding Effect Of Determination Of Parentage

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 160.637. Binding Effect Of Determination Of Parentage

§ 160.637. BINDING EFFECT OF DETERMINATION OF 
PARENTAGE.  (a) Except as otherwise provided by Subsection (b) or 
Section 160.316, a determination of parentage is binding on:
		(1)  all signatories to an acknowledgment or denial of 
paternity as provided by Subchapter D;  and
		(2)  all parties to an adjudication by a court acting 
under circumstances that satisfy the jurisdictional requirements 
of Section 159.201.
	(b)  A child is not bound by a determination of parentage 
under this chapter unless:
		(1)  the determination was based on an unrescinded 
acknowledgment of paternity and the acknowledgment is consistent 
with the results of genetic testing;
		(2)  the adjudication of parentage was based on a 
finding consistent with the results of genetic testing and the 
consistency is declared in the determination or is otherwise shown;  
or
		(3)  the child was a party or was represented in the 
proceeding determining parentage by an attorney ad litem.
	(c)  In a proceeding to dissolve a marriage, the court is 
considered to have made an adjudication of the parentage of a child 
if the court acts under circumstances that satisfy the 
jurisdictional requirements of Section 159.201, and the final 
order:
		(1)  expressly identifies the child as "a child of the 
marriage" or "issue of the marriage" or uses similar words 
indicating that the husband is the father of the child;  or
		(2)  provides for the payment of child support for the 
child by the husband unless paternity is specifically disclaimed in 
the order.
	(d)  Except as otherwise provided by Subsection (b), a 
determination of parentage may be a defense in a subsequent 
proceeding seeking to adjudicate parentage by an individual who was 
not a party to the earlier proceeding.
	(e)  A party to an adjudication of paternity may challenge 
the adjudication only under the laws of this state relating to 
appeal, the vacating of judgments, or other judicial review.

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

Last modified: August 11, 2007