Texas Family Code

§ 160.608 — AUTHORITY TO DENY MOTION FOR GENETIC TESTING

FA § 160.608Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 160. UNIFORM PARENTAGE ACT · Art. G. PROCEEDING TO ADJUDICATE PARENTAGE

Statute text

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(a)In a proceeding to adjudicate parentage, a court may deny a motion for an order for the genetic testing of the mother, the child, and the presumed father if the court determines that:

(1)the conduct of the mother or the presumed father estops that party from denying parentage; and

(2)it would be inequitable to disprove the father-child relationship between the child and the presumed father.

(b)In determining whether to deny a motion for an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

(1)the length of time between the date of the proceeding to adjudicate parentage and the date the presumed father was placed on notice that he might not be the genetic father;

(2)the length of time during which the presumed father has assumed the role of father of the child;

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Legislative history

Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 17, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1221 (S.B. 502), Sec. 9, eff. September 1, 2011.