Texas House Bill HB2421

Texas 2011 - 82nd Regular

• Introduced: 3/7/11
• Refer: 3/14/11

Caption

Relating to determinations of paternity; creating an offense.

Impact

The changes brought forth by HB 2421 serve to provide clarity and efficiency in paternity adjudication, ensuring that cases are handled in a consistent manner across the state. By eliminating filing fees for acknowledgments and denials of paternity, the bill also seeks to reduce barriers for individuals trying to establish or contest paternity, potentially leading to more children being acknowledged and supported by their biological parents. Furthermore, the provision prohibiting the alteration or falsification of genetic evidence aims to strengthen the integrity of the paternity adjudication process and uphold public confidence in legal determinations of parentage.

Summary

House Bill 2421 focuses on the processes related to the acknowledgment and denial of paternity within the Texas Family Code. The bill amends several sections of the Family Code to clarify the legal protocols surrounding paternity acknowledgments, denials, rescissions, and challenges. By doing so, it aims to streamline the process for establishing paternity and to delineate the responsibilities of presumed fathers, thereby reinforcing the legal recognition of biological relationships between parents and children. Additionally, the bill establishes new consequences for falsifying genetic evidence in parentage cases, which would now be classified as a third-degree felony.

Sentiment

The sentiment around HB 2421 appears to be generally supportive, especially among legal advocates who argue that the clarification of paternity laws is necessary for the protection of children and their rights to know their biological parents. However, there are concerns raised by some advocates about the potential implications of the felony charge for falsifying genetic evidence, particularly regarding the balance of justice and the consequences such a charge may impose on individuals who may not fully understand the process or the consequences of their actions.

Contention

Notable contention surrounding HB 2421 pertains to its provisions that modify the existing framework for challenging paternity acknowledgments. Critics argue that limiting the ability to contest paternity after certain timelines can disadvantage individuals who may have legitimate claims based on fraud or misrepresentation. There are also apprehensions about the potential impact on individuals who are mistakenly identified as biological fathers due to inaccurate representations made by mothers or other parties. This aspect of the bill raises important questions about fairness and due process in paternity adjudications.