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Texas Family Code - Section 161.105. Affidavit Of Status Of Child

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 161.105. Affidavit Of Status Of Child

§ 161.105. AFFIDAVIT OF STATUS OF CHILD.  (a) If the child 
has no presumed father, an affidavit shall be:
		(1)  signed by the mother, whether or not a minor;                            
		(2)  witnessed by two credible persons;  and                                  
		(3)  verified before a person authorized to take oaths.                       
	(b)  The affidavit must:                                                       
		(1)  state that the mother is not and has not been 
married to the alleged father of the child;
		(2)  state that the mother and alleged father have not 
attempted to marry under the laws of this state or another state or 
nation;
		(3)  state that paternity has not been established 
under the laws of any state or nation;  and
		(4)  contain one of the following, as applicable:                             
			(A)  the name and whereabouts of a man alleged to 
be the father;           
			(B)  the name of an alleged father and a statement 
that the affiant does not know the whereabouts of the father;
			(C)  a statement that an alleged father has 
executed an acknowledgment of paternity under Chapter 160 and an 
affidavit of relinquishment of parental rights under this chapter 
and that both affidavits have been filed with the court;  or
			(D)  a statement that the name of an alleged 
father is unknown.            
	(c)  The affidavit of status of child may be executed at any 
time after the first trimester of the pregnancy of the mother.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 556, § 40, eff. Sept. 1, 
1999.

Last modified: August 11, 2007