Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Section 160.705. Limitation On Husband's Dispute Of Paternity

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 160.705. Limitation On Husband's Dispute Of Paternity

§ 160.705. LIMITATION ON HUSBAND'S DISPUTE OF 
PATERNITY.  (a) Except as otherwise provided by Subsection (b), the 
husband of a wife who gives birth to a child by means of assisted 
reproduction may not challenge his paternity of the child unless:
		(1)  before the fourth anniversary of the date of 
learning of the birth of the child he commences a proceeding to 
adjudicate his paternity;  and
		(2)  the court finds that he did not consent to the 
assisted reproduction before or after the birth of the child.
	(b)  A proceeding to adjudicate paternity may be maintained 
at any time if the court determines that:
		(1)  the husband did not provide sperm for or, before or 
after the birth of the child, consent to assisted reproduction by 
his wife;
		(2)  the husband and the mother of the child have not 
cohabited since the probable time of assisted reproduction;  and
		(3)  the husband never openly treated the child as his 
own.                 
	(c)  The limitations provided by this section apply to a 
marriage declared invalid after assisted reproduction.

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

Last modified: August 11, 2007