Parentage Suits (Part II)
In our previous blog, we discussed the purpose of parentage suits in terms of legally establishing the existence of a parent-child relationship. This is important because, well, every child should have the emotional and legal benefit of knowing who both their parents are.
If you did not see that blog post, you can find it here http://bit.ly/2fjKGze.
Today I want to extend the same conversation by explaining who can file parentage suits. Because believe it or not, the child can be one of those people.
If the child is a minor, a parentage suit can be filed by:
1. Child
A child can file a parentage suit, per the Texas Family Code. Of course, the minor child would need someone (a relative or someone else) who can legally act on their behalf, but it can be done. If the child is a minor or is incapacitated, the court must appoint an attorney for the child.
2. Mother
Pretty straight forward and self explanatory. A legal mother can file a parentage suit.
3. Man seeking adjudication of paternity
A man whose paternity is to be adjudicated can file a parentage suit. This is for any man who is alleged or alleging himself to be the father of the child.
4. Attorney General
One of the Attorney General’s roles is to act as the child-support-enforcement agency, can file a parentage suit. The AG also has the ability to challenge the validity of genetic testing in a parentage suit.
5. Adoption or child-placing agency
Must be an authorized adoption agency to file a suit.
6. Personal representative
The personal representative of a minor, incapacitated or deceased person can file a parentage suit on that person’s behalf.
7. Relative of deceased mother
A person related to the mother within the second degree of consanguinity (in other words, a mother’s parents, children, brothers, sisters, grandparents and grandchildren) can file a parentage suit.
8. Intended parent under gestational agreement
Per the Texas Family Code, intended parents are individuals who enter into an agreement providing that they will be the parents of a child born to a gestational mother by means of assisted reproduction, regardless of whether either individual has a genetic relationship with the child.
9. Signatory to acknowledgement or denial
This is someone who wishes to challenge an acknowledgement or denial of a paternity suit.
10. Father of assisted reproduction
Similar to the standards set forth above by those parents involved in a gestational agreement.
Meanwhile, if a child is considered by law to be an adult, but does not have a presumed, acknowledged, or adjudicated father, a parentage suit can be filed only by the adult child. If that same child does have a presumed, acknowledged, or adjudicated father, any person with standing to file a parentage suit can legally do so.
Did you find this topic helpful? If you did not, or you simply have additional questions, please give our knowledgeable staff at Nelson Law Group, PC a call. Our staff is always available.
