Texas Senate Bill SB233

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/6/09
• Voted on by Senate: 4/16/09
• Out of House Committee: 5/15/09

Caption

Relating to the time limitation for certain proceedings to adjudicate paternity.

Impact

The implications of SB233 are significant as it loosens the previous strict time limitations that could prevent presumed fathers from contesting parentage. This bill aids in protecting the rights of presumed fathers and aims to create a fairer legal environment where circumstances beyond their control can be addressed. The changes will only apply to cases commenced after the effective date of the Act, maintaining the status of pending cases under existing laws. This careful delineation aims to balance existing legal precedents with new provisions.

Summary

SB233 addresses the time limitations associated with proceedings to adjudicate paternity in Texas. The bill modifies Section 160.607(b) of the Family Code, allowing for actions to disprove the father-child relationship to be initiated at any time under specific conditions. Notably, if it is established that either the presumed father did not engage in intercourse with the child's mother during the probable conception period or that there was deceit preventing the presumed father from asserting his rights, proceedings can be maintained indefinitely. This change reflects an intent to ensure justice in parentage determinations.

Contention

There may be contention surrounding this bill, particularly from those who argue about the potential for increased litigation related to parentage issues. Concerns could arise regarding the fairness to mothers and the effect on existing child-support determinations. Proponents may argue the need for ensuring that presumed fathers can contest parentage when deceit prevents them from doing so, emphasizing the importance of clarity and fairness in family law. This ongoing dialogue reflects broader societal concerns about parental rights and responsibilities in the context of family dynamics.