Not the Father? New Law Addresses Cases of Mistaken Paternity (Texas SB785)

A new law offers relief to men who have been paying child support for children who are not their biological children. Texas Senate Bill 785 (Texas SB785) allows men who have been paying court ordered child support - without genetic testing - to request genetic testing to determine whether they are the biological parent of the child. If testing concludes a man is not the father, he will be able to reverse the parent-child relationship and terminate all future support payments.

Prior to SB785, men were not able to challenge paternity if they had already accepted paternity and the parental rights of a child even if DNA testing proved he was not the father. This would mean that some men would end up paying child support for 18 years for a child that they knew and the courts knew was not theirs. In some cases, even if the father's rights were terminated, he had to continue to pay child support!

In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in a previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations by the mother (or otherwise). If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply. Also, a man may not file a petition if the man is the child’s adoptive father, the man is the intended father of the child under a gestational agreement, or the child was conceived by assisted reproduction and the man consented to assisted reproduction by his wife.

TIME TO FILE: If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. After September 1, 2012, the petition must be filed by the first anniversary of the date on which you become aware of facts indicating that you are not the child’s biological father.

Under the new law, however, it's important to note that courts will not reimburse a "father" for child support payments that have already been made and the man will still be responsible for any arrearages accrued prior to filing the petition. It's definitely not a perfect solution, but it's a step in the right direction.

Likewise, if the relationship between the father and the child is legally terminated, the father may still request that the court continue to allow him to have visitation with the child. The law does recognize that it may be necessary, for the welfare of the child, to maintain such a relationship even though child support payments would stop.