Paternity Testing Information for the State of Texas (TX)

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The Texas Statutes

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 shall order each man to submit to further genetic testing to identify the genetic father.

Texas SB785 became law effective May 12, 2011.

The new law addresses this situation: a man signs an acknowledgment of paternity for a child or was adjudicated to be the father of the child in a previous proceeding without genetic testing. Subsequently, the man finds evidence of misrepresentations concerning whether he is really the child’s genetic father.

A petition under Subsection (c) must be filed not later than the first anniversary of the date on which the petitioner becomes aware of the facts alleged in the petition indicating that the petitioner is not the child ’s genetic father.

In a proceeding initiated under Subsection (c), the court shall hold a pretrial hearing to determine whether the petitioner has established a meritorious prima facie case for termination of the parent-child relationship.

If the results of genetic testing ordered under Subsection (f) exclude the petitioner as the child ’s genetic father, the court shall render an order terminating the parent-child relationship.

An order under Subsection (h) terminating the parent-child relationship ends the petitioner ’s obligation for future support of the child as of the date the order is rendered. The order does not affect the petitioner ’s obligations for support of the child incurred before that date or the petitioner ’s obligation to pay interest that accrues after that date on the basis of child support arrearages existing on that date. Those obligations are enforceable until satisfied by any means available for the enforcement of child support other than contempt.

At any time before the court renders an order terminating the parent-child relationship under Subsection (h), the petitioner may request that the court also order periods of possession of or access to the child by the petitioner following termination of the parent-child relationship. If requested, the court may order periods of possession of or access to the child only if the court determines that denial of periods of possession of or access to the child would significantly impair the child ’s physical health or emotional well-being.

The changes in law made by this Act apply to any order for child support regardless of when the child support order was rendered.

This information is provided for reference only