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Tex. Fam. Code § 160.308

CHALLENGE AFTER EXPIRATION OF PERIOD FOR RESCISSION

Known as the Uniform Parentage Act

The act spans §§ 160–160 (97 sections).

Applied in 8 court decisions — leading case In Re Attorney General of Texas (2006)

Most recently applied in in Re the Dallas Group of America, Inc. and Action Personnel, Inc. (May 2014)

Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff

How often courts cite this section

20062010201440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. The proceeding may be commenced at any time before the issuance of an order affecting the child identified in the acknowledgment or denial, including an order relating to support of the child.

(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.

(c) Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child.

(d) For purposes of Subsection (a), evidence that, based on genetic testing, the man who is the signatory of an acknowledgement of paternity is not rebuttably identified as the father of a child in accordance with Section 160.505 constitutes a material mistake of fact.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.