Texas Family Code

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 (Bases for Jurisdiction Over Nonresident).

(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 (Bases for Jurisdiction Over Nonresident), 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

Last accessed
Jun. 7, 2021