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In Re CE

Christopher Ehrhardt sued to terminate a parent-child relationship with C.E. under Texas Family Code §161.005(c). A verified petition alleging that a misrepresentation caused Ehrhardt to believe that he was C.E.'s biological father coupled with circumstantial evidence that a misrepresentation as to paternity was made constitutes a prima facie case for genetic testing under §161.005(c). The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-12-00371-CV, 10-04-2012.

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OPINION

Christopher Ehrhardt sued to terminate a parent-child relationship with C.E. under Texas Family Code section 161.005(c). That section permits a man who was not married to the mother of the child to terminate the parent-child relationship, provided he meets the statutory criteria for seeking genetic testing, and the test results foreclose paternity. See TEX. FAM. CODE ANN. § 161.005(c) (West Supp. 2011). The trial court found that Ehrhardt failed to establish a prima facie case under the statute, denied his request for genetic testing, and dismissed his suit. On appeal, Ehrhardt contends that he presented a prima facie case, and the trial court therefore erred in refusing to order genetic testing. We conclude that a verified petition alleging that a misrepresentation caused Ehrhardt to believe that he was C.E.’s biological father, coupled with circumstantial evidence that a misrepresentation was made, constitutes a prima facie case for genetic testing under section 161.005(c). Accordingly, we reverse the judgment of the trial court and remand for further proceedings.

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