Tex. Fam. Code Section 160.308
Challenge After Expiration of Period for Rescission

(a)

After the period for rescission under Section 160.307 (Procedures for Rescission) has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.

(b)

A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

(c)

Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child.

(d)

For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 (Genetic Testing Results; Rebuttal) constitutes a material mistake of fact.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 478 (H.B. 209), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 4, eff. September 1, 2011.

Source: Section 160.308 — Challenge After Expiration of Period for Rescission, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­160.­htm#160.­308 (accessed Jun. 5, 2024).

160.001
Application and Construction 160.002
Conflicts Between Provisions 160.101
Short Title 160.102
Definitions 160.103
Scope of Chapter 160.104
Authorized Courts 160.105
Protection of Participants 160.106
Determination of Maternity 160.201
Establishment of Parent-child Relationship 160.202
No Discrimination Based on Marital Status 160.203
Consequences of Establishment of Parentage 160.204
Presumption of Paternity 160.301
Acknowledgment of Paternity 160.302
Execution of Acknowledgment of Paternity 160.303
Denial of Paternity 160.304
Rules for Acknowledgment and Denial of Paternity 160.305
Effect of Acknowledgment or Denial of Paternity 160.306
Filing Fee Not Required 160.307
Procedures for Rescission 160.308
Challenge After Expiration of Period for Rescission 160.309
Procedure for Challenge 160.310
Ratification Barred 160.311
Full Faith and Credit 160.312
Forms 160.313
Release of Information 160.314
Adoption of Rules 160.315
Memorandum of Understanding 160.401
Establishment of Registry 160.402
Registration for Notification 160.403
Notice of Proceeding 160.404
Termination of Parental Rights: Failure to Register 160.411
Required Form 160.412
Furnishing of Information 160.413
Offense: Unauthorized Release of Information 160.414
Rescission of Registration 160.415
Untimely Registration 160.416
Fees for Registry 160.421
Search of Appropriate Registry 160.422
Certificate of Search of Registry 160.423
Admissibility of Certificate 160.501
Application of Subchapter 160.502
Order for Testing 160.503
Requirements for Genetic Testing 160.504
Report of Genetic Testing 160.505
Genetic Testing Results 160.506
Costs of Genetic Testing 160.507
Additional Genetic Testing 160.508
Genetic Testing When All Individuals Not Available 160.509
Deceased Individual 160.510
Identical Brothers 160.511
Offense: Unauthorized Release of Specimen 160.512
Offense: Falsification of Specimen 160.601
Proceeding Authorized 160.602
Standing to Maintain Proceeding 160.603
Necessary Parties to Proceeding 160.604
Personal Jurisdiction 160.605
Venue 160.606
No Time Limitation: Child Having No Presumed, Acknowledged, or Adjudicated Father 160.607
Time Limitation: Child Having Presumed Father 160.608
Authority to Deny Motion for Genetic Testing 160.609
Time Limitation: Child Having Acknowledged or Adjudicated Father 160.610
Joinder of Proceedings 160.611
Proceedings Before Birth 160.612
Child as Party 160.621
Admissibility of Results of Genetic Testing 160.622
Consequences of Declining Genetic Testing 160.623
Admission of Paternity Authorized 160.624
Temporary Order 160.631
Rules for Adjudication of Paternity 160.632
Jury Prohibited 160.633
Hearings 160.634
Order on Default 160.635
Dismissal for Want of Prosecution 160.636
Order Adjudicating Parentage 160.637
Binding Effect of Determination of Parentage 160.701
Scope of Subchapter 160.702
Parental Status of Donor 160.703
Husband’s Paternity of Child of Assisted Reproduction 160.704
Consent to Assisted Reproduction 160.705
Limitation on Husband’s Dispute of Paternity 160.706
Effect of Dissolution of Marriage 160.707
Parental Status of Deceased Spouse 160.751
Definition 160.752
Scope of Subchapter 160.753
Establishment of Parent-child Relationship 160.754
Gestational Agreement Authorized 160.755
Petition to Validate Gestational Agreement 160.756
Hearing to Validate Gestational Agreement 160.757
Inspection of Records 160.758
Continuing, Exclusive Jurisdiction 160.759
Termination of Gestational Agreement 160.760
Parentage Under Validated Gestational Agreement 160.761
Effect of Gestational Mother’s Marriage After Validation of Agreement 160.762
Effect of Gestational Agreement that Is Not Validated 160.763
Health Care Facility Reporting Requirement 160.6035
Contents of Petition 160.7031
Unmarried Man’s Paternity of Child of Assisted Reproduction
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 160.308’s source at texas​.gov