Mistaken Paternity: The Texas Legislature is moving on cases of mistaken paternity. Senate Bill 785 passed the Senate, was sent to the House, and allows a second look at paternity. The Bill says that if the man (1) signed an acknowledgement of paternity, or (2) did not contest a paternity suit which declared him to be the father, then he may bring a suit to terminate the parent child relationship. DNA tests would be ordered for the child and father. The prior paternity decree would be effectively reversed, if the DNA test shows the man is the not the father.
Current Law: Texas courts currently disallow paternity testing after a decree of paternity. This allows the mother and her family to sit down with the best employed of her boyfriends and tell him he is the father of the child. If a mistaken result occurs, at $500.00 per month in child support, the results are an 18 year, $108,000.00 fraud.
The Problem: When she asks for government assistance, the mother is asked to identify the child's father. There are cases where the mother, over several years, named 3 or 4 different men as the father. Texas family lawyers have cases, with DNA test results, showing their client not to be the father. No satisfactory remedy is currently available.
Attorney General of Texas: The change in law is an idea of the child support collection agency, the Attorney General of Texas. The change in law is made possible by new DNA testing which allows paternity to be tested by taking DNA from the father and child only. The mother does not need to be tested.
Good Changes: The change in the law will prevent mistakes, fraud, and will be a good thing. If it passes, the new law will take effect no later than September 1, 2011. The new law will modify Section 161.005, of the Texas Family Code.
New Law Takes Effect: The new law is in place and giving
relief to those in mistaken paternity cases.
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