Texas Family Code Title 5, Chapter 160 - Uniform Parentage Act

SUBCHAPTER A APPLICATION AND CONSTRUCTION

• Texas Section 160.001 - Application And Construction
  This chapter shall be applied and construed to promote the uniformity of the law among the states that enact the Uniform Parentage Act. Amended by...

SUBCHAPTER B GENERAL PROVISIONS

• Texas Section 160.002 - Conflicts Between Provisions
  If a provision of this chapter conflicts with another provision of this title or another state statute or rule and the conflict cannot be reconciled,...
• Texas Section 160.101 - Short Title
  This chapter may be cited as the Uniform Parentage Act. Amended by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
• Texas Section 160.102 - Definitions
  In this chapter: (1) "Adjudicated father" means a man who has been adjudicated by a court to be the father of a child. (2) "Assisted...
• Texas Section 160.103 - Scope Of Chapter; Choice Of Law
  (a) Except as provided by Chapter 233, this chapter governs every determination of parentage in this state. (b) The court shall apply the law of...
• Texas Section 160.104 - Authorized Courts
  The following courts are authorized to adjudicate parentage under this chapter: (1) a court with jurisdiction to hear a suit affecting the parent-child relationship under...
• Texas Section 160.105 - Protection Of Participants
  A proceeding under this chapter is subject to the other laws of this state governing the health, safety, privacy, and liberty of a child or...

SUBCHAPTER C PARENT-CHILD RELATIONSHIP

• Texas Section 160.106 - Determination Of Maternity
  The provisions of this chapter relating to the determination of paternity apply to a determination of maternity. Amended by Acts 2001, 77th Leg., ch. 821,...
• Texas Section 160.201 - Establishment Of Parent-child Relationship
  (a) The mother-child relationship is established between a woman and a child by: (1) the woman giving birth to the child; (2) an adjudication of...
• Texas Section 160.202 - No Discrimination Based On Marital Status
  A child born to parents who are not married to each other has the same rights under the law as a child born to parents...
• Texas Section 160.203 - Consequences Of Establishment Of Parentage
  Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise provided by another law of this...

SUBCHAPTER D VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

• Texas Section 160.204 - Presumption Of Paternity
  (a) A man is presumed to be the father of a child if: (1) he is married to the mother of the child and the...
• Texas Section 160.301 - Acknowledgment Of Paternity
  The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgment of paternity with the...
• Texas Section 160.302 - Execution Of Acknowledgment Of Paternity
  (a) An acknowledgment of paternity must: (1) be in a record; (2) be signed, or otherwise authenticated, under penalty of perjury by the mother and...
• Texas Section 160.303 - Denial Of Paternity
  A presumed father of a child may sign a denial of his paternity. The denial is valid only if: (1) an acknowledgment of paternity signed...
• Texas Section 160.304 - Rules For Acknowledgment And Denial Of Paternity
  (a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or in different documents and may be filed...
• Texas Section 160.305 - Effect Of Acknowledgment Or Denial Of Paternity
  (a) Except as provided by Sections 160.307 and 160.308, a valid acknowledgment of paternity filed with the vital statistics unit is the equivalent of an...
• Texas Section 160.306 - Filing Fee Not Required
  The Department of State Health Services may not charge a fee for filing: (1) an acknowledgment of paternity; (2) a denial of paternity; or (3)...
• Texas Section 160.307 - Procedures For Rescission
  (a) A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section before the earlier of: (1) the 60th...
• Texas Section 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...
• Texas Section 160.309 - Procedure For Challenge
  (a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to challenge the...
• Texas Section 160.310 - Ratification Barred
  A court or administrative agency conducting a judicial or administrative proceeding may not ratify an unchallenged acknowledgment of paternity. Added by Acts 2001, 77th Leg.,...
• Texas Section 160.311 - Full Faith And Credit
  A court of this state shall give full faith and credit to an acknowledgment of paternity or a denial of paternity that is effective in...
• Texas Section 160.312 - Forms
  (a) To facilitate compliance with this subchapter, the vital statistics unit shall prescribe forms for the: (1) acknowledgment of paternity; (2) denial of paternity; and...
• Texas Section 160.313 - Release Of Information
  The vital statistics unit may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial...
• Texas Section 160.314 - Adoption Of Rules
  The Title IV-D agency and the executive commissioner of the Health and Human Services Commission may adopt rules to implement this subchapter. Added by Acts...

SUBCHAPTER E REGISTRY OF PATERNITY

• Texas Section 160.315 - Memorandum Of Understanding
  (a) The Title IV-D agency and the vital statistics unit shall adopt a memorandum of understanding governing the collection and transfer of information for the...
• Texas Section 160.401 - Establishment Of Registry
  A registry of paternity is established in the vital statistics unit. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001....
• Texas Section 160.402 - Registration For Notification
  (a) Except as otherwise provided by Subsection (b), a man who desires to be notified of a proceeding for the adoption of or the termination...
• Texas Section 160.403 - Notice Of Proceeding
  Except as provided by Sections 161.002(b)(2), (3), and (4) and (f), notice of a proceeding to adopt or to terminate parental rights regarding a child...
• Texas Section 160.404 - Termination Of Parental Rights: Failure To Register
  The parental rights of a man alleged to be the father of a child may be terminated without notice as provided by Section 161.002 if...
• Texas Section 160.411 - Required Form
  The vital statistics unit shall adopt a form for registering with the registry. The form must require the signature of the registrant. The form must...
• Texas Section 160.412 - Furnishing Of Information; Confidentiality
  (a) The vital statistics unit is not required to attempt to locate the mother of a child who is the subject of a registration. The...
• Texas Section 160.413 - Offense: Unauthorized Release Of Information
  (a) A person commits an offense if the person intentionally releases information from the registry of paternity to another person, including an agency, that is...
• Texas Section 160.414 - Rescission Of Registration
  A registrant may rescind his registration at any time by sending to the registry a rescission in a record or another manner authenticated by him...
• Texas Section 160.415 - Untimely Registration
  If a man registers later than the 31st day after the date of the birth of the child, the vital statistics unit shall notify the...
• Texas Section 160.416 - Fees For Registry
  (a) A fee may not be charged for filing a registration or to rescind a registration. (b) Except as otherwise provided by Subsection (c), the...
• Texas Section 160.421 - Search Of Appropriate Registry
  (a) If a father-child relationship has not been established under this chapter, a petitioner for the adoption of or the termination of parental rights regarding...
• Texas Section 160.422 - Certificate Of Search Of Registry
  (a) The vital statistics unit shall furnish a certificate of the results of a search of the registry on request by an individual, a court,...

SUBCHAPTER F GENETIC TESTING

• Texas Section 160.423 - Admissibility Of Certificate
  A certificate of the results of a search of the registry in this state or of a paternity registry in another state is admissible in...
• Texas Section 160.501 - Application Of Subchapter
  This subchapter governs genetic testing of an individual to determine parentage, regardless of whether the individual: (1) voluntarily submits to testing; or (2) is tested...
• Texas Section 160.502 - Order For Testing
  (a) Except as otherwise provided by this subchapter and by Subchapter G, a court shall order a child and other designated individuals to submit to...
• Texas Section 160.503 - Requirements For Genetic Testing
  (a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing. The testing must be performed in...
• Texas Section 160.504 - Report Of Genetic Testing
  (a) A report of the results of genetic testing must be in a record and signed under penalty of perjury by a designee of the...
• Texas Section 160.505 - Genetic Testing Results; Rebuttal
  (a) A man is rebuttably identified as the father of a child under this chapter if the genetic testing complies with this subchapter and the...
• Texas Section 160.506 - Costs Of Genetic Testing
  (a) Subject to the assessment of costs under Subchapter G, the cost of initial genetic testing must be advanced: (1) by a support enforcement agency,...
• Texas Section 160.507 - Additional Genetic Testing
  The court or the support enforcement agency shall order additional genetic testing on the request of a party who contests the result of the original...
• Texas Section 160.508 - Genetic Testing When All Individuals Not Available
  (a) Subject to Subsection (b), if a genetic testing specimen for good cause and under circumstances the court considers to be just is not available...
• Texas Section 160.509 - Deceased Individual
  For good cause shown, the court may order genetic testing of a deceased individual. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff....
• Texas Section 160.510 - Identical Brothers
  (a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly...
• Texas Section 160.511 - Offense: Unauthorized Release Of Specimen
  (a) A person commits an offense if the person intentionally releases an identifiable specimen of another person for any purpose not relevant to the parentage...

SUBCHAPTER G PROCEEDING TO ADJUDICATE PARENTAGE

• Texas Section 160.512 - Offense: Falsification Of Specimen
  (a) A person commits an offense if the person alters, destroys, conceals, fabricates, or falsifies genetic evidence in a proceeding to adjudicate parentage, including inducing...
• Texas Section 160.601 - Proceeding Authorized; Rules Of Procedure
  (a) A civil proceeding may be maintained to adjudicate the parentage of a child. (b) The proceeding is governed by the Texas Rules of Civil...
• Texas Section 160.602 - Standing To Maintain Proceeding
  (a) Subject to Subchapter D and Sections 160.607 and 160.609 and except as provided by Subsection (b), a proceeding to adjudicate parentage may be maintained...
• Texas Section 160.603 - Necessary Parties To Proceeding
  The following individuals must be joined as parties in a proceeding to adjudicate parentage: (1) the mother of the child; and (2) a man whose...
• Texas Section 160.604 - Personal Jurisdiction
  (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. (b) A court of this...
• Texas Section 160.605 - Venue
  Venue for a proceeding to adjudicate parentage is in the county of this state in which: (1) the child resides or is found; (2) the...
• Texas Section 160.606 - No Time Limitation: Child Having No Presumed, Acknowledged, Or Adjudicated Father
  A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, including after the...
• Texas Section 160.607 - Time Limitation: Child Having Presumed Father
  (a) Except as otherwise provided by Subsection (b), a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of...
• Texas Section 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,...
• Texas Section 160.609 - Time Limitation: Child Having Acknowledged Or Adjudicated Father
  (a) If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding under this chapter to...
• Texas Section 160.610 - Joinder Of Proceedings
  (a) Except as provided by Subsection (b), a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, possession...
• Texas Section 160.611 - Proceedings Before Birth
  (a) A proceeding to determine parentage commenced before the birth of the child may not be concluded until after the birth of the child. (b)...
• Texas Section 160.612 - Child As Party; Representation
  (a) A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter. (b) The court shall appoint...
• Texas Section 160.621 - Admissibility Of Results Of Genetic Testing; Expenses
  (a) Except as otherwise provided by Subsection (c), a report of a genetic testing expert is admissible as evidence of the truth of the facts...
• Texas Section 160.622 - Consequences Of Declining Genetic Testing
  (a) An order for genetic testing is enforceable by contempt. (b) A court may adjudicate parentage contrary to the position of an individual whose paternity...
• Texas Section 160.623 - Admission Of Paternity Authorized
  (a) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or...
• Texas Section 160.624 - Temporary Order
  (a) In a proceeding under this subchapter, the court shall render a temporary order for child support for a child if the order is appropriate...
• Texas Section 160.631 - Rules For Adjudication Of Paternity
  (a) The court shall apply the rules stated in this section to adjudicate the paternity of a child. (b) The paternity of a child having...
• Texas Section 160.632 - Jury Prohibited
  The court shall adjudicate paternity of a child without a jury. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
• Texas Section 160.633 - Hearings; Inspection Of Records
  (a) A proceeding under this subchapter is open to the public as in other civil cases. (b) Papers and records in a proceeding under this...
• Texas Section 160.634 - Order On Default
  The court shall issue an order adjudicating the paternity of a man who: (1) after service of process, is in default; and (2) is found...
• Texas Section 160.635 - Dismissal For Want Of Prosecution
  The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for...
• Texas Section 160.636 - Order Adjudicating Parentage; Costs
  (a) The court shall render an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (b)...

SUBCHAPTER H CHILD OF ASSISTED REPRODUCTION

• Texas Section 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...
• Texas Section 160.701 - Scope Of Subchapter
  This subchapter applies only to a child conceived by means of assisted reproduction. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June...
• Texas Section 160.702 - Parental Status Of Donor
  A donor is not a parent of a child conceived by means of assisted reproduction. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01,...
• Texas Section 160.703 - Husband's Paternity Of Child Of Assisted Reproduction
  If a husband provides sperm for or consents to assisted reproduction by his wife as provided by Section 160.704, he is the father of a...
• Texas Section 160.7031 - Unmarried Man's Paternity Of Child Of Assisted Reproduction
  (a) If an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to...
• Texas Section 160.704 - Consent To Assisted Reproduction
  (a) Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a...
• Texas Section 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...
• Texas Section 160.706 - Effect Of Dissolution Of Marriage
  (a) If a marriage is dissolved before the placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child...

SUBCHAPTER I GESTATIONAL AGREEMENTS

• Texas Section 160.707 - Parental Status Of Deceased Spouse
  If a spouse dies before the placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the...
• Texas Section 160.751 - Definition
  In this subchapter, "gestational mother" means a woman who gives birth to a child conceived under a gestational agreement. Added by Acts 2003, 78th Leg.,...
• Texas Section 160.752 - Scope Of Subchapter; Choice Of Law
  (a) Notwithstanding any other provision of this chapter or another law, this subchapter authorizes an agreement between a woman and the intended parents of a...
• Texas Section 160.753 - Establishment Of Parent-child Relationship
  (a) Notwithstanding any other provision of this chapter or another law, the mother-child relationship exists between a woman and a child by an adjudication confirming...
• Texas Section 160.754 - Gestational Agreement Authorized
  (a) A prospective gestational mother, her husband if she is married, each donor, and each intended parent may enter into a written agreement providing that:...
• Texas Section 160.755 - Petition To Validate Gestational Agreement
  (a) The intended parents and the prospective gestational mother under a gestational agreement may commence a proceeding to validate the agreement. (b) A person may...
• Texas Section 160.756 - Hearing To Validate Gestational Agreement
  (a) A gestational agreement must be validated as provided by this section. (b) The court may validate a gestational agreement as provided by Subsection (c)...
• Texas Section 160.757 - Inspection Of Records
  The proceedings, records, and identities of the parties to a gestational agreement under this subchapter are subject to inspection under the same standards of confidentiality...
• Texas Section 160.758 - Continuing, Exclusive Jurisdiction
  Subject to Section 152.201, a court that conducts a proceeding under this subchapter has continuing, exclusive jurisdiction of all matters arising out of the gestational...
• Texas Section 160.759 - Termination Of Gestational Agreement
  (a) Before a prospective gestational mother becomes pregnant by means of assisted reproduction, the prospective gestational mother, her husband if she is married, or either...
• Texas Section 160.760 - Parentage Under Validated Gestational Agreement
  (a) On the birth of a child to a gestational mother under a validated gestational agreement, the intended parents shall file a notice of the...
• Texas Section 160.761 - Effect Of Gestational Mother's Marriage After Validation Of Agreement
  If a gestational mother is married after the court renders an order validating a gestational agreement under this subchapter: (1) the validity of the gestational...
• Texas Section 160.762 - Effect Of Gestational Agreement That Is Not Validated
  (a) A gestational agreement that is not validated as provided by this subchapter is unenforceable, regardless of whether the agreement is in a record. (b)...
• Texas Section 160.763 - Health Care Facility Reporting Requirement
  (a) The executive commissioner of the Health and Human Services Commission by rule shall develop and implement a confidential reporting system that requires each health...

Last modified: September 28, 2016