Texas Family Code

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


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:


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


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


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


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


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


the husband never openly treated the child as his own.


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.

Last accessed
Jun. 7, 2021