Sec. 160.309. PROCEDURE FOR CHALLENGE. (a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to challenge the acknowledgment or denial of paternity.
(b) For purposes of a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the vital statistics unit.
(c) Except for good cause shown, while a proceeding is pending to challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d) A proceeding to challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G.
(e) At the conclusion of a proceeding to challenge an acknowledgment of paternity or a denial of paternity, the court shall order the vital statistics unit to amend the birth record of the child, if appropriate.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.061, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Chapter 160 - Uniform Parentage Act
Subchapter D. Voluntary Acknowledgment of Paternity
Section 160.301. Acknowledgment of Paternity
Section 160.302. Execution of Acknowledgment of Paternity
Section 160.303. Denial of Paternity
Section 160.304. Rules for Acknowledgment and Denial of Paternity
Section 160.305. Effect of Acknowledgment or Denial of Paternity
Section 160.306. Filing Fee Not Required
Section 160.307. Procedures for Rescission
Section 160.308. Challenge After Expiration of Period for Rescission
Section 160.309. Procedure for Challenge
Section 160.310. Ratification Barred
Section 160.311. Full Faith and Credit
Section 160.313. Release of Information