Tex. Fam. Code § 160.501-160.512

TEXAS FAMILY CODE Chapter 160, Subchapter F — GENETIC TESTING CHAPTER 160 • UNIFORM PARENTAGE ACT Subchapter F: GENETIC TESTING Sec. 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 under an order of a court or a support enforcement agency. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 genetic testing if the request is made by a party to a proceeding to determine parentage. (b) If a request for genetic testing of a child is made before the birth of the child, the court or support enforcement agency may not order in utero testing. (c) If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 a testing laboratory accredited by: (1) the American Association of Blood Banks, or a successor to its functions; (2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or (3) an accrediting body designated by the federal secretary of health and human services. (b) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing is not required to be of the same kind for each individual undergoing gen tion of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing is not required to be of the same kind for each individual undergoing genetic testing. (c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in the calculation of the probability of paternity of the individual. If there is disagreement as to the testing laboratory's choice: (1) the objecting individual may require the testing laboratory, not later than the 30th day after the date of receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory; (2) the individual objecting to the testing laboratory's initial choice shall: (A) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or (B) engage another testing laboratory to perform the calculations; and (3) the testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate and, if available, shall calculate the frequencies using statistics for any other ethnic or racial group requested. (d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under Section 160.505, an individual who has been tested may be required to submit to additional genetic testing. 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 1 --- TEXAS FAMILY CODE Chapter 160, Subchapter F — GENETIC TESTING Sec. 160.504. REPORT OF GENETIC TESTING. (a) A repo Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 160, Subchapter F — GENETIC TESTING Sec. 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 testing laboratory. A report made under the requirements of this subchapter is self-authenticating. (b) Documentation from the testing laboratory is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony if the documentation includes: (1) the name and photograph of each individual whose specimens have been taken; (2) the name of each individual who collected the specimens; (3) the places in which the specimens were collected and the date of each collection; (4) the name of each individual who received the specimens in the testing laboratory; and (5) the dates the specimens were received. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 results disclose: (1) that the man has at least a 99 percent probability of paternity, using a prior probability of 0.5, as calculated by using the combined paternity index obtained in the testing; and (2) a combined paternity index of at least 100 to 1. (b) A man identified as the father of a child under Subsection (a) may rebut the genetic testing results only by producing other genetic testing satisfying the requirements of this subchapter that: (1) excludes the man as a genetic father of the child; or (2) identifies another man as the possible father of the child. (c) Except as otherwise provided by Section 160.510, if more than one man is identified by genetic testing as the possible father of the child, the court sha man as the possible father of the child. (c) Except as otherwise provided by Section 160.510, if more than one man is identified by genetic testing as the possible father of the child, the court shall order each man to submit to further genetic testing to identify the genetic father. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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, if the agency is providing services in the proceeding; (2) by the individual who made the request; (3) as agreed by the parties; or (4) as ordered by the court. (b) In cases in which the cost of genetic testing is advanced by the support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 testing. If the previous genetic testing identified a man as the father of the child under Section 160.505, the court or agency may not order additional testing unless the party provides advance payment for the testing. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 from a man who may be the father of a child, a court may order the following individuals to submit specimens for genetic testing: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 160, Subchapter F — GENETIC TESTING (1) the parents of the genetic testing: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 160, Subchapter F — GENETIC TESTING (1) the parents of the man; (2) any brothers or sisters of the man; (3) any other children of the man and their mothers; and (4) other relatives of the man necessary to complete genetic testing. (b) A court may not render an order under this section unless the court finds that the need for genetic testing outweighs the legitimate interests of the individual sought to be tested. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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. June 14, 2001. Sec. 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 believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (b) If each brother satisfies the requirements of Section 160.505 for being the identified father of the child and there is not another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 proceeding and without a court order or the written permission of the person who furnished the specimen. (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. 160.512. OFFENSE: FALSIFICATION OF SPECIMEN. (a) A person n. (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. 160.512. 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 another person to provide a specimen with the intent to affect the outcome of the proceeding. (b) An offense under this section is a felony of the third degree. (c) An order excluding a man as the biological father of a child based on genetic evidence shown to be altered, fabricated, or falsified is void and unenforceable. Added by Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 7, eff. September 1, 2011. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3