Texas Family Code

Sec. § 160.705
Limitation on Husband’s Dispute of Paternity


(a)

Except as otherwise provided by Subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(1)

before the fourth anniversary of the date of learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2)

the court finds that he did not consent to the assisted reproduction before or after the birth of the child.

(b)

A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(1)

the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;

(2)

the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3)

the husband never openly treated the child as his own.

(c)

The limitations provided by this section apply to a marriage declared invalid after assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Source

Last accessed
Jun. 7, 2021