HB1671 - 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.

  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.