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Tex. Fam. Code § 160.401

Tex. Fam. Code § 160.401 - § 160.422 - Registry of Paternity (2001)

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Verbatim reference text. This is the full, unedited text of Tex. Fam. Code § 160.401, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS FAMILY CODE Chapter 160, Subchapter E — REGISTRY OF PATERNITY CHAPTER 160 • UNIFORM PARENTAGE ACT Subchapter E: REGISTRY OF PATERNITY Sec. 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.066, eff. April 2, 2015. Sec. 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 of parental rights regarding a child that he may have fathered may register with the registry of paternity: (1) before the birth of the child; or (2) not later than the 31st day after the date of the birth of the child. (b) A man is entitled to notice of a proceeding described by Subsection (a) regardless of whether he registers with the registry of paternity if: (1) a father-child relationship between the man and the child has been established under this chapter or another law; or (2) the man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights. (c) A registrant shall promptly notify the registry in a record of any change in the information provided by the registrant. The vital statistics unit shall incorporate all new information received into its records but is not required to affirmatively seek to obtain current information for incorporation in the registry. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.067, eff. April 2, 2015. Sec. 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 ch 2015. Sec. 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 must be given to a registrant who has timely registered with regard to that child. Notice must be given in a manner prescribed for service of process in a civil action. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 2, eff. September 1, 2007. Sec. 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 the man: (1) did not timely register with the vital statistics unit; and (2) is not entitled to notice under Section 160.402 or 161.002. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.068, eff. April 2, 2015. Sec. 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 state that: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 160, Subchapter E — REGISTRY OF PATERNITY (1) the form is signed under penalty of perjury; (2) a timely registration entitles the registrant to notice of a proceeding for adoption of the child or for termination of the registrant's parental rights; (3) a timely registration does not commence a proceeding to establish paternity; (4) the information disclosed on the form may be used against the registrant to establish paternity; (5) services to assist in establishing paternity are available to the registrant through the support enforcement agency; (6) the registran may be used against the registrant to establish paternity; (5) services to assist in establishing paternity are available to the registrant through the support enforcement agency; (6) the registrant should also register in another state if the conception or birth of the child occurred in the other state; (7) information on registries in other states is available from the vital statistics unit; and (8) procedures exist to rescind the registration of a claim of paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.069, eff. April 2, 2015. Sec. 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 vital statistics unit shall send a copy of the notice of the registration to a mother who has provided an address. (b) Information contained in the registry is confidential and may be released on request only to: (1) a court or a person designated by the court; (2) the mother of the child who is the subject of the registration; (3) an agency authorized by another law to receive the information; (4) a licensed child-placing agency; (5) a support enforcement agency; (6) a party, or the party's attorney of record, to a proceeding under this chapter or a proceeding to adopt or to terminate parental rights regarding a child who is the subject of the registration; and (7) the registry of paternity in another state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.070, eff. April 2, 2015. Sec. 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 not authorized to receive the information unde rson commits an offense if the person intentionally releases information from the registry of paternity to another person, including an agency, that is not authorized to receive the information under Section 160.412. (b) An offense under this section is a Class A misdemeanor. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 and witnessed or notarized. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 registrant that the registration was not timely filed. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 160, Subchapter E — REGISTRY OF PATERNITY Amended by: Acts 2007, 80th Leg., R.S., Ch. 627 (H.B. 567), Sec. 1, eff. June 15, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.071, eff. April 2, 2015. Sec. 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 vital statistics unit may charge a reasonable fee for making a search of the registry and for furnishing a certificate. (c) A support enforcement agency is not required to pay a fee authorized by Subsection (b). Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.072, eff. April 2, 2015. Sec. 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 th Sec. 1.072, eff. April 2, 2015. Sec. 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 the child must obtain a certificate of the results of a search of the registry. The petitioner may request a search of the registry on or after the 32nd day after the date of the birth of the child, and the executive commissioner of the Health and Human Services Commission may not by rule impose a waiting period that must elapse before the vital statistics unit will conduct the requested search. (b) If the petitioner for the adoption of or the termination of parental rights regarding a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must obtain a certificate of the results of a search of the paternity registry, if any, in the other state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 627 (H.B. 567), Sec. 2, eff. June 15, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.073, eff. April 2, 2015. Sec. 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, or an agency listed in Section 160.412(b). (a-1) Using existing resources, the vital statistics unit shall establish an electronic process through which the Department of Family and Protective Services may request information under this section. (b) The certificate of the results of a search must include a digitized or written signature on behalf of the unit and state that: (1) a search has been made of the registry; and (2) a registration containing the information required to identify the registrant: (A) has been found and is attached to the certificate; or (B) has not been found. s been made of the registry; and (2) a registration containing the information required to identify the registrant: (A) has been found and is attached to the certificate; or (B) has not been found. (c) A petitioner must file the certificate of the results of a search of the registry with the court before a proceeding for the adoption of or termination of parental rights regarding a child may be concluded. (d) A search of the registry is not required if a parent-child relationship exists between a man and the child, as provided by Section 160.201(b), and that man: (1) has been served with citation of the proceeding for termination of the parent-child relationship; or (2) has signed a relinquishment of parental rights with regard to the child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 160, Subchapter E — REGISTRY OF PATERNITY Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 3, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.074, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 670 (H.B. 4795), Sec. 2, eff. September 1, 2025. Sec. 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 a proceeding for the adoption of or the termination of parental rights regarding a child and, if relevant, in other legal proceedings. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4