Texas Family Code 160.637 – Binding Effect of Determination of Parentage
(a) Except as otherwise provided by Subsection (b) or Section 160.316, a determination of parentage is binding on:
(1) all signatories to an acknowledgment or denial of paternity as provided by Subchapter D; and
(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 159.201.
(b) A child is not bound by a determination of parentage under this chapter unless:
(1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
(2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(3) the child was a party or was represented in the proceeding determining parentage by an attorney ad litem.
Terms Used In Texas Family Code 160.637
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(c) In a proceeding to dissolve a marriage, the court is considered to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 159.201, and the final order:
(1) expressly identifies the child as “a child of the marriage” or “issue of the marriage” or uses similar words indicating that the husband is the father of the child; or
(2) provides for the payment of child support for the child by the husband unless paternity is specifically disclaimed in the order.
(d) Except as otherwise provided by Subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of paternity may challenge the adjudication only under the laws of this state relating to appeal, the vacating of judgments, or other judicial review.