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Texas Paternity Information Overview

Parentage:

In Texas, paternity suits are permitted and, indeed, have become more prevalent in the last several years. A brief overview of pleadings in such suits will help in the understanding of this type of action. 

Pleadings:

The petition and all other documents in the proceeding should be entitled “in the interest of ____, a child.” Texas Family Code Ann. § 102.008(1)(Vernon 1996). The petition must contain the information required by Code Section 102.008(b). 

Certain information must be presented to the court under oath in each party’s first pleading or an affidavit attached to it. Texas Family Code § 152.209 (Supp. 2001). See section 3.50 of the practice notes in chapter 3 (Divorce Pleadings) of this manual concerning pleading requirements under the Uniform Child Custody Jurisdiction and Enforcement Act. If a party alleges in an affidavit or sworn pleading that disclosure of identifying information would jeopardize the health, safety, or liberty of a party or child, the information must be sealed and may be disclosed only on court order after a hearing. Texas Family Code § 152.209(e).

Testing:

In a suit in which a question of paternity is raised, the court shall order scientifically accepted paternity testing as provided by Family Code chapter 160. Texas Family Code Ann. § 160.101 (c) (Vernon Supp. 2001). When the respondent appears, the court must order the mother, alleged father, and child to submit to taking blood, body fluid, or tissue samples for the purpose of scientifically accepted percentage testing. Texas Family Code § 160.102(b).

The court must require in its order testing necessary to ascertain the possibility of the alleged father’s paternity and must require that the tests exclude at least 99 percent of the male population from the possibility of being the child’s father, except that the court shall permit the omission of any further testing if the testing has been conducted sufficiently to establish that the alleged father is not the child’s father, or if the costs of testing have reached an amount that the court determines to be the greatest amount that may reasonably be borne by one or more parties to the suit. If the respondent’s appearance occurs before the birth of the child, the court shall order the taking of the blood, body fluid, or tissue samples to be made as soon as medically practical after the birth. Texas Family Code § 160.103.

A court may order a less expensive initial round of tests and then order a second round if the first does not decide the issue. Morales v. Attorney General of Texas, 857.S.W. 2d 55 (Tex. App.- San Antonio 1992, no writ).

An order for parentage testing is enforceable by contempt. Further, if the petitioner is the mother or an alleged father and refuses to submit to parentage testing, the court may dismiss the suit: or if any party refuses to submit to court-ordered parentage testing, on proof sufficient to render a default judgment, the court may resolve the question of the paternity against that party. If a parent or alleged parent refuses to submit to parentage testing, the fact of refusal may be introduced as evidence as provided in Code chapter 160, subchapter B. Texas Family Code § 160.107.

If the respondent fails to appear and wholly defaults or if the allegation of paternity is admitted, the court may waive parentage testing. Texas Family Code § 160.102(b).

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