Tex. Fam. Code § 160.601-160.608

TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE CHAPTER 160 • UNIFORM PARENTAGE ACT Subchapter G: PROCEEDING TO ADJUDICATE PARENTAGE Sec. 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 Procedure, except as provided by Chapter 233. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 23, eff. June 19, 2009. Sec. 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 by: (1) the child; (2) the mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4) the support enforcement agency or another government agency authorized by other law; (5) an authorized adoption agency or licensed child-placing agency; (6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, is incapacitated, or is a minor; (7) a person related within the second degree by consanguinity to the mother of the child, if the mother is deceased; or (8) a person who is an intended parent. (b) After the date a child having no presumed, acknowledged, or adjudicated father becomes an adult, a proceeding to adjudicate the parentage of the adult child may only be maintained by the adult child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 457, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1248, Sec. 3, eff. Sept. 1, 2003. Sec. 160.603. NECESSARY PARTIES TO PROCEEDING. The following individuals s 2003, 78th Leg., ch. 457, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1248, Sec. 3, eff. Sept. 1, 2003. Sec. 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 paternity of the child is to be adjudicated. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.6035. CONTENTS OF PETITION; STATEMENT RELATING TO CERTAIN PROTECTIVE ORDERS REQUIRED. (a) The petition in a proceeding to adjudicate parentage must include a statement as to whether, in regard to a party to the proceeding or a child of a party to the proceeding: (1) there is in effect: (A) a protective order under Title 4; (B) a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure; or (C) an order for emergency protection under Article 17.292, Code of Criminal Procedure; or (2) an application for an order described by Subdivision (1) is pending. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE (b) The petitioner shall attach a copy of each order described by Subsection (a)(1) in which a party to the proceeding or a child of a party to the proceeding was the applicant or victim of the conduct alleged in the application or order and the other party was the respondent or defendant of an action regarding the conduct alleged in the application or order without regard to the date of the order. If a copy of the order is not available at the time of filing, the petition must state that a copy of the order will be filed with the court before any hearing. (c) Notwithstanding any other provision of this section, if the Title IV-D agency files a petition in a proceeding to adjudicate parentage, the agency is not required to he court before any hearing. (c) Notwithstanding any other provision of this section, if the Title IV-D agency files a petition in a proceeding to adjudicate parentage, the agency is not required to: (1) include in the petition the statement described by Subsection (a); or (2) attach copies of the documentation described by Subsection (b). Added by Acts 2017, 85th Leg., R.S., Ch. 885 (H.B. 3052), Sec. 7, eff. September 1, 2017. Amended by: Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.37, eff. January 1, 2021. Sec. 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 state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual or the guardian or conservator of the individual if the conditions in Section 159.201 are satisfied. (c) If the court lacks jurisdiction over one individual, the court: (1) is not precluded from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction; and (2) may not delay the adjudication described by Subdivision (1) solely due to the lack of jurisdiction. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 10, eff. September 1, 2023. Sec. 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 respondent resides or is found if the child does not reside in this state; or (3) a proceeding for probate or administration of the presumed or alleged father's estate has been commenced. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.606. NO TIME LIMITATION: CHILD HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER. A proceeding to adjudicate the parentage of a child having no pr 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 date: (1) the child becomes an adult; or (2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 a child having a presumed father shall be commenced not later than the fourth anniversary of the date of the birth of the child. (b) A proceeding seeking to adjudicate the parentage of a child having a presumed father may be maintained at any time if the court determines that: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE (1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; or (2) the presumed father was precluded from commencing a proceeding to adjudicate the parentage of the child before the expiration of the time prescribed by Subsection (a) because of the mistaken belief that he was the child's biological father based on misrepresentations that led him to that conclusion. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 8, eff. September 1, 2011. Sec. 160.608. AUTHORITY TO DENY MOTION FOR GENETIC TE 8th Leg., ch. 1248, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 8, eff. September 1, 2011. Sec. 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, and the presumed father if the court determines that: (1) the conduct of the mother or the presumed father estops that party from denying parentage; and (2) it would be inequitable to disprove the father-child relationship between the child and the presumed father. (b) In determining whether to deny a motion for an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors: (1) the length of time between the date of the proceeding to adjudicate parentage and the date the presumed father was placed on notice that he might not be the genetic father; (2) the length of time during which the presumed father has assumed the role of father of the child; (3) the facts surrounding the presumed father's discovery of his possible nonpaternity; (4) the nature of the relationship between the child and the presumed father; (5) the age of the child; (6) any harm that may result to the child if presumed paternity is successfully disproved; (7) the nature of the relationship between the child and the alleged father; (8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and (9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed father or the chance of other harm to the child. (c) In a proceeding involving the application of this section, a child who is a minor or is incapacitated must be represented by an amicus attorney or attorney ad litem. (d) A denial of a e child. (c) In a proceeding involving the application of this section, a child who is a minor or is incapacitated must be represented by an amicus attorney or attorney ad litem. (d) A denial of a motion for an order for genetic testing must be based on clear and convincing evidence. (e) If the court denies a motion for an order for genetic testing, the court shall issue an order adjudicating the presumed father to be the father of the child. (f) This section applies to a proceeding to challenge an acknowledgment of paternity or a denial of paternity as provided by Section 160.309(d). Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1248, Sec. 5, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 17, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 9, eff. September 1, 2011. Sec. 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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE chapter to challenge the paternity of the child only within the time allowed under Section 160.308. (b) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is not a signatory to the acknowledgment or a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than the fourth anniversary of the effective date of the acknowledgment or adjudication. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 10, eff. September 1, 2011. Sec. 160.610. JOINDER OF PROCEEDINGS. (a) Except as 7th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 10, eff. September 1, 2011. Sec. 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 of or access to a child, child support, divorce, annulment, or probate or administration of an estate or another appropriate proceeding. (b) A respondent may not join a proceeding described by Subsection (a) with a proceeding to adjudicate parentage brought under Chapter 159. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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) In a proceeding described by Subsection (a), the following actions may be taken before the birth of the child: (1) service of process; (2) discovery; and (3) except as prohibited by Section 160.502, collection of specimens for genetic testing. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 an amicus attorney or attorney ad litem to represent a child who is a minor or is incapacitated if the child is a party or the court finds that the interests of the child are not adequately represented. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by: Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 18, eff. September 1, 2005. Sec. 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 asserted in the r F 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 asserted in the report. The admissibility of the report is not affected by whether the testing was performed: (1) voluntarily or under an order of the court or a support enforcement agency; or (2) before or after the date of commencement of the proceeding. (b) A party objecting to the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying. (c) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed: (1) with the consent of both the mother and the presumed, acknowledged, or adjudicated father; or (2) under an order of the court under Section 160.502. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE (d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child that are furnished to the adverse party on or before the 10th day before the date of a hearing are admissible to establish: (1) the amount of the charges billed; and (2) that the charges were reasonable, necessary, and customary. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 is being determined on the grounds that the individual declines to submit to genetic testing as ordere (b) A court may adjudicate parentage contrary to the position of an individual whose paternity is being determined on the grounds that the individual declines to submit to genetic testing as ordered by the court. (c) Genetic testing of the mother of a child is not a prerequisite to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and each man whose paternity is being adjudicated. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 by admitting paternity under penalty of perjury when making an appearance or during a hearing. (b) If the court finds that the admission of paternity satisfies the requirements of this section and that there is no reason to question the admission, the court shall render an order adjudicating the child to be the child of the man admitting paternity. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 and the individual ordered to pay child support: (1) is a presumed father of the child; (2) is petitioning to have his paternity adjudicated; (3) is identified as the father through genetic testing under Section 160.505; (4) is an alleged father who has declined to submit to genetic testing; (5) is shown by clear and convincing evidence to be the father of the child; or (6) is the mother of the child. (b) A temporary order may include provisions for the possession of or access to the child as provided by other laws of this state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.\ A temporary order may include provisions for the possession of or access to the child as provided by other laws of this state. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. (c) Unless the results of genetic testing are admitted to rebut other results of genetic testing, the man identified as the father of a child under Section 160.505 shall be adjudicated as being the father of the child. (d) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated as not being the father of the child. (e) If the court finds that genetic testing under Section 160.505 does not identify or exclude a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing and other evidence are admissible to adjudicate the issue of paternity. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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. Sec. 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 subchapter are available for public inspection. Added by A S. (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 subchapter are available for public inspection. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 610, Sec. 11, eff. Sept. 1, 2003. Sec. 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 by the court to be the father of a child. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 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 want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001. Sec. 160.636. ORDER ADJUDICATING PARENTAGE; FEES, COSTS, AND EXPENSES. (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) An order adjudicating parentage must identify the child by name and date of birth. (c) Except as otherwise provided by Subsection (d), the court may assess reasonable and necessary attorney's fees, court costs, expenses, filing fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney's fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney's fees may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. (d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law. (e) nforcement of a judgment for debt. (d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law. (e) On request of a party and for good cause shown, the court may order that the name of the child be changed. (f) If the order of the court is at variance with the child's birth certificate, the court shall order the vital statistics unit to issue an amended birth record. (g) On a finding of parentage, the court may order retroactive child support as provided by Chapter 154 and, on a proper showing, order a party to pay an equitable portion of all of the prenatal and postnatal health care expenses of the mother and the child. (h) In rendering an order for retroactive child support under this section, the court shall use the child support guidelines provided by Chapter 154, together with any relevant factors. 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. 1.075, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 46, eff. September 1, 2025. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 160, Subchapter G — PROCEEDING TO ADJUDICATE PARENTAGE Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 47, eff. September 1, 2025. Sec. 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 denial of paternity as provided by Subchapter D; and (2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 159.201. (b) A child is not bound by a determination of parentage under this chapter unless: (1) the determination was based on an unrescinded acknowledgment of risdictional requirements of Section 159.201. (b) A child is not bound by a determination of parentage under this chapter unless: (1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing; (2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or (3) the child was a party or was represented in the proceeding determining parentage by an attorney ad litem. (c) In a proceeding to dissolve a marriage, the court is considered to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 159.201, and the final order: (1) expressly identifies the child as "a child of the marriage" or "issue of the marriage" or uses similar words indicating that the husband is the father of the child; or (2) provides for the payment of child support for the child by the husband unless paternity is specifically disclaimed in the order. (d) Except as otherwise provided by Subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding. (e) A party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review. 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 7