Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Family Code § 160.705: LIMITATION ON HUSBAND'S DISPUTE OF PATERNITY.

(a) Except as otherwise provided by Subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) before the fourth anniversary of the date of learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) the court finds that he did not consent to the assisted reproduction before or after the birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;
(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) the husband never openly treated the child as his own.
(c) The limitations provided by this section apply to a marriage declared invalid after assisted reproduction.
Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

Where this section sits in the code

FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 160. UNIFORM PARENTAGE ACT
SUBCHAPTER H. CHILD OF ASSISTED REPRODUCTION

(a) Except as otherwise provided by Subsection (b), the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(1) before the fourth anniversary of the date of learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) the court finds that he did not consent to the assisted reproduction before or after the birth of the child.

(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(1) the husband did not provide sperm for or, before or after the birth of the child, consent to assisted reproduction by his wife;

(2) the husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3) the husband never openly treated the child as his own.

Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

Collected 2026-08-27T01:47:10Z. Source file · JSON

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