Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE. (a) If a parent-child relationship does not exist between the child and any man, a certificate from the vital statistics unit signed by the registrar that a diligent search has been made of the paternity registry maintained by the unit and that a registration has not been found pertaining to the father of the child in question must be filed with the court before a trial on the merits in the suit for termination may be held.
(b) In a proceeding to terminate parental rights in which the alleged or probable father has not been personally served with citation or signed an affidavit of relinquishment or an affidavit of waiver of interest, the court may not terminate the parental rights of the alleged or probable father, whether known or unknown, unless a certificate from the vital statistics unit signed by the registrar states that a diligent search has been made of the paternity registry maintained by the unit and that a filing or registration has not been found pertaining to the father of the child in question.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 10, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.086, 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 161 - Termination of the Parent-Child Relationship
Section 161.101. Petition Allegations; Petition and Motion Requirements
Section 161.102. Filing Suit for Termination Before Birth
Section 161.103. Affidavit of Voluntary Relinquishment of Parental Rights
Section 161.1031. Medical History Report
Section 161.1035. Revocability of Certain Affidavits
Section 161.104. Rights of Designated Managing Conservator Pending Court Appointment
Section 161.106. Affidavit of Waiver of Interest in Child
Section 161.107. Missing Parent or Relative
Section 161.108. Release of Child From Hospital or Birthing Center
Section 161.109. Requirement of Paternity Registry Certificate