89R3072 MLH-D
By: Leach H.B. No. 1671
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of parentage and the duty to pay
retroactive child support, including the duty to pay retroactive
child support beginning on the date of the child's conception.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.131, Family Code, is amended by
amending Subsection (d) and adding Subsections (g), (h), and (i) to
read as follows:
(d) The presumption created under Subsection (c) [this
section] may be rebutted by evidence that the obligor:
(1) knew or should have known that the obligor was the
father of the child for whom support is sought; and
(2) sought to avoid the establishment of a support
obligation to the child.
(g) Subject to Subsections (c) and (d), it is presumed to be
reasonable and in the best interest of the child for a court to
order retroactive child support for the child beginning on the
earliest possible date of the child's conception, as determined by:
(1) a physician using standard medical practice, as
defined by Section 171.201, Health and Safety Code; or
(2) a preponderance of other evidence presented to the
court, including the testimony of a parent of the child.
(h) On a proper showing, the court shall order the obligor
to pay, as additional retroactive child support, an equitable
portion of all prenatal and postnatal health care expenses of the
mother and the child.
(i) The court shall confirm the amount of retroactive child
support and render a cumulative money judgment for the total amount
of retroactive child support owed.
SECTION 2. Section 160.304(c), Family Code, is amended to
read as follows:
(c) Subject to Subsection (a), an acknowledgment of
paternity or denial of paternity takes effect on [the date of the
birth of the child or] the filing of the document with the vital
statistics unit[, whichever occurs later].
SECTION 3. Section 160.502(b), Family Code, is amended to
read as follows:
(b) If a request for genetic testing of a child is made
before the birth of the child, the court or support enforcement
agency may [not] order in utero testing only if the request is made
by the pregnant mother.
SECTION 4. Section 160.506, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The court may not order a support enforcement agency
under Subsection (a)(1) to advance the costs of genetic testing
performed in utero under Section 160.502(b).
SECTION 5. Section 160.611, Family Code, is amended to read
as follows:
Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding
to determine parentage commenced before the birth of the child may
not be concluded until after the birth of the child unless the
pregnant mother commences the proceeding.
(b) Notwithstanding Subsection (a), in any [In a]
proceeding to determine parentage commenced before the birth of the
child [described by Subsection (a)], the following actions may be
taken before the birth of the child:
(1) service of process;
(2) discovery; and
(3) except as prohibited by Section 160.502,
collection of specimens for genetic testing.
SECTION 6. Sections 160.636(b) and (g), Family Code, are
amended to read as follows:
(b) An order adjudicating parentage must identify the child
by name and date of birth, except that if the order is rendered
before the date of the child's birth:
(1) the order must identify the mother and father of
the unborn child and the child's expected date of birth; and
(2) as soon as practicable after the date of the
child's birth, the order must be amended to identify the child by
name and date of birth.
(g) On a finding of parentage, the court shall [may] order
retroactive child support as provided by Section 154.131 [Chapter
154 and, on a proper showing, order a party to pay an equitable
portion of all of the prenatal and postnatal health care expenses of
the mother and the child].
SECTION 7. Section 160.636(h), Family Code, is repealed.
SECTION 8. The changes in law made by this Act with respect
to an order adjudicating paternity apply only to an order rendered
on or after the effective date of this Act. An order adjudicating
paternity rendered before the effective date of this Act is
governed by the law in effect on the date the order is rendered, and
the former law is continued in effect for that purpose.
SECTION 9. The changes in law made by this Act with respect
to an acknowledgment of paternity or denial of paternity apply only
to an acknowledgment of paternity or denial of paternity executed
on or after the effective date of this Act. An acknowledgment of
paternity or denial of paternity executed before the effective date
of this Act is governed by the law in effect on the date the
acknowledgment or denial is executed, and the former law is
continued in effect for that purpose.
SECTION 10. The changes in law made by this Act to Section
160.611, Family Code, apply to a proceeding to determine parentage
that is pending on the effective date of this Act or filed on or
after that date.
SECTION 11. This Act takes effect September 1, 2025.