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.
(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, 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.
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 G. Proceeding to Adjudicate Parentage
Section 160.601. Proceeding Authorized; Rules of Procedure
Section 160.602. Standing to Maintain Proceeding
Section 160.603. Necessary Parties to Proceeding
Section 160.6035. Contents of Petition; Statement Relating to Certain Protective Orders Required
Section 160.604. Personal Jurisdiction
Section 160.606. No Time Limitation: Child Having No Presumed, Acknowledged, or Adjudicated Father
Section 160.607. Time Limitation: Child Having Presumed Father
Section 160.608. Authority to Deny Motion for Genetic Testing
Section 160.609. Time Limitation: Child Having Acknowledged or Adjudicated Father
Section 160.610. Joinder of Proceedings
Section 160.611. Proceedings Before Birth
Section 160.612. Child as Party; Representation
Section 160.621. Admissibility of Results of Genetic Testing; Expenses
Section 160.622. Consequences of Declining Genetic Testing
Section 160.623. Admission of Paternity Authorized
Section 160.624. Temporary Order
Section 160.631. Rules for Adjudication of Paternity
Section 160.632. Jury Prohibited
Section 160.633. Hearings; Inspection of Records
Section 160.634. Order on Default
Section 160.635. Dismissal for Want of Prosecution
Section 160.636. Order Adjudicating Parentage; Costs
Section 160.637. Binding Effect of Determination of Parentage