Tex. Fam. Code Section 161.109
Requirement of Paternity Registry Certificate


(a)

If a parent-child relationship does not exist between the child and any man, a certificate from the vital statistics unit signed by the registrar that a diligent search has been made of the paternity registry maintained by the unit and that a registration has not been found pertaining to the father of the child in question must be filed with the court before a trial on the merits in the suit for termination may be held.

(b)

In a proceeding to terminate parental rights in which the alleged or probable father has not been personally served with citation or signed an affidavit of relinquishment or an affidavit of waiver of interest, the court may not terminate the parental rights of the alleged or probable father, whether known or unknown, unless a certificate from the vital statistics unit signed by the registrar states that a diligent search has been made of the paternity registry maintained by the unit and that a filing or registration has not been found pertaining to the father of the child in question.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 10, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.086, eff. April 2, 2015.

Source: Section 161.109 — Requirement of Paternity Registry Certificate, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­161.­htm#161.­109 (accessed Mar. 23, 2024).

161.001
Involuntary Termination of Parent-child Relationship
161.002
Termination of the Rights of an Alleged Biological Father
161.003
Involuntary Termination: Inability to Care for Child
161.004
Termination of Parental Rights After Denial of Prior Petition to Terminate
161.005
Termination When Parent Is Petitioner
161.006
Termination After Abortion
161.007
Termination When Pregnancy Results from Criminal Act
161.101
Petition Allegations
161.102
Filing Suit for Termination Before Birth
161.103
Affidavit of Voluntary Relinquishment of Parental Rights
161.104
Rights of Designated Managing Conservator Pending Court Appointment
161.106
Affidavit of Waiver of Interest in Child
161.107
Missing Parent or Relative
161.108
Release of Child from Hospital or Birthing Center
161.109
Requirement of Paternity Registry Certificate
161.202
Preferential Setting
161.203
Dismissal of Petition
161.204
Termination Based on Affidavit of Waiver of Interest
161.205
Order Denying Termination
161.206
Order Terminating Parental Rights
161.207
Appointment of Managing Conservator on Termination
161.208
Appointment of Department of Family and Protective Services as Managing Conservator
161.209
Copy of Order of Termination
161.210
Sealing of File
161.211
Direct or Collateral Attack on Termination Order
161.301
Definitions
161.302
Petition
161.303
Hearing
161.304
Orders
161.1031
Medical History Report
161.1035
Revocability of Certain Affidavits
161.2011
Continuance
161.2021
Medical History Report
161.2061
Terms Regarding Limited Post-termination Contact
161.2062
Provision for Limited Contact Between Biological Parent and Child
161.2081
Notice of Termination for Certain Relatives

Accessed:
Mar. 23, 2024

§ 161.109’s source at texas​.gov