bill ordering back child support from the date of conception

The text as introduced · 889 words

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.