1 TAC §§55.401 - 55.407
The Office of the Attorney General proposes new §§55.401
- 55.407, concerning voluntary acknowledgment of paternity. These new sections
are being proposed to provide the opportunity for fathers and mothers to voluntarily
establish paternity for their child(ren) through any local child support office
of the Attorney General, Child Support Division; the Bureau of Vital Statistics;
a local birthing hospital or birthing center; or any entity certified by the
Office of the Attorney General to provide such services.
Howard G. Baldwin, Deputy Attorney General for Child Support, has determined
that for the first five years these sections as proposed are in effect, there
will be no fiscal implications for state or local government as a result of
any replacement in these sections.
Mr. Baldwin has also determined that each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
replacing or deleting the sections is a more standardized and efficient way
to establish paternity. There will be no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the proposed sections.
Comments on these proposed sections may be submitted to Kathy Shafer, Child
Support Enforcement Division, General Counsel Section, Office of the Attorney
General, (physical address) 5500 East Oltorf, Austin, Texas,78741 or (mailing
address) P.O. Box 12017, mail code 039, Austin, Texas, 78722-2017.
The new sections are proposed under the September 1, 1999 statutory
changes, found in the Texas Family Code, Chapter 160, Subchapter C, Acknowledgment
or Denial of Paternity.
The Code affected by these new sections is Health and Safety Code, Section
192, Record of Acknowledgment of Paternity.
§55.401.Scope.
Fathers and mothers who wish to voluntarily establish paternity for
their child may do so through any local child support office of the Office
of the Attorney General, Child Support Division; the state Bureau of Vital
Statistics; a local birthing hospital or birthing center; or any entity certified
by the Office of the Attorney General to provide such services. The Acknowledgment
of Paternity must be executed according to the rules contained herein and
under the Texas Family Code, Chapter 160, Subchapter C, Acknowledgment or
Denial of Paternity. Entities that are required by law to provide paternity
establishment services and entities that wish voluntarily to provide paternity
establishment services must abide by the rules of this subchapter.
§55.402.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Acknowledgment of Paternity form - An agreement affirming
parentage for a child signed by both the man claiming to be the father and
the mother, that is executed on a form prescribed by the Bureau of Vital Statistics.
The mother and father may sign separate acknowledgments before or after the
birth of the child.
(2)
Denial of Paternity form - A statement executed by
a presumed father denying parentage of the child of whom he is presumed to
be the father, on a form prescribed by the state.
(3)
Certified entity - An agency, organization, or individual
that is certified by the Office of the Attorney General to perform voluntary
paternity establishment services. The certified entity must comply with all
rules established for such certification.
(4)
Presumed father - A man who is legally assumed to
be the father of a child because he meets the criteria found under Texas Family
Code §151.002.
§55.403.Forms.
The certified entities offering voluntary paternity establishment services
may obtain the prescribed Acknowledgment of Paternity and Denial of Paternity
forms by contacting the Bureau of Vital Statistics.
§55.404.Voluntarily Acknowledging Paternity.
(a)
A man claiming to be the father and the mother may establish
paternity before or after the birth of their child by voluntarily acknowledging
paternity through a certified entity providing such services. The mother
and father must read the Acknowledgment of Paternity form. In addition, both
must listen to or view a video presentation of the rights and responsibilities
of a parent, and alternatives to and legal consequences of acknowledging or
denying paternity. Both the mother and father, separately or together, must
then:
(1)
complete an Acknowledgment of Paternity form;
(2)
sign it before a witness;
(3)
return the form to a certified entity.
(b)
Both mother and father must present to the certified entity
a valid driver license or another document (preferably a photo I.D.) to verify
identity.
(c)
The certified entity is responsible for filing the Acknowledgment
of Paternity form with the Bureau of Vital Statistics.
§55.405.Denial of Paternity Form.
If the mother declares in the Acknowledgment of Paternity form that
there is a presumed father of the child, the acknowledgment must be accompanied
by a Denial of Paternity form signed by the presumed father, unless the presumed
father is the man who is acknowledging paternity. The Bureau of Vital Statistics
will not accept the Acknowledgment of Paternity form for filing without the
Denial of Paternity form, unless the presumed father is the man who has signed
the Acknowledgment of Paternity form.
§55.406.Entities that May Provide Paternity Establishment Services.
All public and private birthing hospitals, all birthing centers, and
the state Bureau of Vital Statistics are required to provide voluntary paternity
establishment services, but only after being certified by the Office of the
Attorney General. The following entities may provide voluntary paternity establishment
services at their option, but only after being certified by the Office of
the Attorney General:
(1)
local birth registrars;
(2)
public health clinics;
(3)
private health care providers;
(4)
certified nurse midwives;
(5)
documented midwives;
(6)
agencies providing assistance or services under Title
IV, Part A of the Social Security Act, agencies providing food stamp eligibility
service, and agencies providing child support enforcement (IV-D) services;
(7)
Head Start, child care facilities, and individual
child care providers;
(8)
community action agencies and community action programs;
(9)
secondary education schools;
(10)
legal aid agencies;
(11)
private attorneys; and
(12)
any public or private health, welfare or social services
organization.
§55.407.Certification.
All birthing hospitals, all birthing centers, the state Bureau of Vital
Statistics, and each certified entity must have staff who:
(1)
provide the mother and father the opportunity to voluntarily
acknowledge paternity;
(2)
provide the mother and father an opportunity to speak,
either by telephone or in person, with staff who are trained to clarify information
and answer questions about paternity establishment;
(3)
are trained by Office of the Attorney General staff
at least once yearly on the requirements for voluntarily establishing paternity.
(The training is not to exceed eight (8) hours at locations throughout the
state established by the Office of the Attorney General and Bureau of Vital
Statistics.)
(4)
use only the Acknowledgment of Paternity and Denial
of Paternity forms promulgated by the Bureau of Vital Statistics.
(5)
use the brochures and training manuals, including
the oral and written information, provided by the Office of the Attorney General
and the Bureau of Vital Statistics.
(6)
are periodically evaluated by the Office of the Attorney
General.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
December 27, 1999.
TRD-9909041
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: February 6, 2000
For further information, please call: (512) 460-6134