Texas 2011 - 82nd Regular

Texas Senate Bill SB502

Filed
 
Introduced
2/1/11  
Out of Senate Committee
3/14/11  
Refer
2/17/11  
Voted on by Senate
3/24/11  
Out of House Committee
5/3/11  
Report Pass
3/14/11  
Voted on by House
5/20/11  
Engrossed
3/24/11  
Governor Action
6/17/11  
Refer
4/4/11  
Bill Becomes Law
 
Report Pass
4/20/11  
Report Pass
4/26/11  
Report Pass
4/26/11  
Enrolled
5/27/11  
Enrolled
5/27/11  
Passed
6/17/11  

Caption

Relating to determinations of paternity; creating an offense.

Impact

The amendment modifies the timeframes and conditions under which a person can rescind or challenge an acknowledgment or denial of paternity. Specifically, it establishes that actions to rescind must occur within a 60-day window unless a legal proceeding affecting the child has begun. This change is significant because it could streamline the legal framework for adjusting paternity claims, potentially leading to more accurate legal outcomes in child support and custody proceedings. The bill also enforces strict protocols for how genetic evidence must be handled during paternity adjudications, introducing penalties for falsifying genetic tests.

Summary

SB502 addresses the legal processes surrounding the determination of paternity in Texas. It amends several sections of the Family Code, specifically focusing on the procedures involved in acknowledging and denying paternity. The bill stipulates that an acknowledgment of paternity must be signed by both the mother and the man asserting to be the child's father, confirming that there is no presumed father and that genetic testing supports the claim. It also eliminates any fees for filing these acknowledgments and related documents, aiming to simplify the process for parents.

Contention

During discussions about SB502, disagreements emerged primarily about the implications of the new rules on children and parents. Proponents argued that the changes would lead to clearer guidelines and less litigation over paternity issues, benefiting children by ensuring that rightful parents are recognized. However, opponents raised concerns about the potential for reducing scrutiny in paternity claims, particularly in cases where genetic evidence could be manipulated. The bill's clause criminalizing the falsification of genetic evidence seeks to address these concerns, but the effectiveness of enforcement remains a point of debate.

Companion Bills

TX HB2421

Identical Relating to determinations of paternity; creating an offense.

Similar Bills

TX HB2421

Relating to determinations of paternity; creating an offense.

MS HB1492

Noncustodial Parents' Bill of Rights and Responsibilities; create.

HI SB618

Relating To Parentage.

MS SB2700

Birth certificate; require designation of sex and prohibit change unless mistake at the time the certificate was issued.

TX HB481

Relating to the establishment of paternity.

MI HB6264

Probate: powers of attorney; use of 2-way real-time audio-visual technology to execute a power of attorney; allow. Amends secs. 102 & 105 of 2023 PA 187 (MCL 556.202 & 556.205).

PA HB350

In intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

CA AB2834

Notaries public: certificate corrections.