FastLaws: 2004 Texas Family Code, Sec. 161.105. Affidavit of Status of Child.

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Baker's Texas Family Code Handbook includes the full text of the Texas Family Code as amended through the 79th Session of the Texas Legislature, and contains almost 11,000 case notes from reported Texas court decisions, constuting a one-volume annotated Texas Family Code. For more information see the Baker's Texas Family Code Handbook information page. Use our order form to place your order today.

No amendments to this provision were enacted at the 79th Regular Session of the Texas Legisature (2005).

2004 Texas 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 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

SUBCHAPTER B. PROCEDURES

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Sec. 161.105. Affidavit of Status of Child.

(a) If the child has no presumed father, an affidavit shall be:

(1) signed by the mother, whether or not a minor;

(2) witnessed by two credible persons; and

(3) verified before a person authorized to take oaths.

(b) The affidavit must:

(1) state that the mother is not and has not been married to the alleged father of the child;

(2) state that the mother and alleged father have not attempted to marry under the laws of this state or another state or nation;

(3) state that paternity has not been established under the laws of any state or nation; and

(4) contain one of the following, as applicable:

(A) the name and whereabouts of a man alleged to be the father;

(B) the name of an alleged father and a statement that the affiant does not know the whereabouts of the father;

(C) a statement that an alleged father has executed an acknowledgment of paternity under Chapter 160 and an affidavit of relinquishment of parental rights under this chapter and that both affidavits have been filed with the court; or

(D) a statement that the name of an alleged father is unknown.

(c) The affidavit of status of child may be executed at any time after the first trimester of the pregnancy of the mother.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 40, eff. Sept. 1, 1999.

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