Texas Divorce Attorney Blog
A disputed paternity claim can become particularly complicated when the alleged father questions whether there is a pregnancy at all. That issue received national attention in a recent case where Laura Owens accused former “Bachelor” star Clayton Echard of fathering her alleged twins and initiated a paternity case against him. Although the case arose in Arizona, it raises important questions about how Texas law would apply when both pregnancy and paternity are disputed.
The Laura Owens Paternity Litigation
Owens alleged that she became pregnant after a casual sexual encounter with Echard in May 2023 and claimed she was carrying twins. In August 2023, while she claimed the pregnancy was ongoing, Owens filed a paternity petition alleging Echard was the father.
Echard denied paternity. He admitted that he and Owens were intimate on a single occasion but denied they engaged in sexual activity that could result in a pregnancy.
The case continued even after Owens later said she was no longer pregnant. Echard asked the court to formally determine that he was not the father. At the same time, Owens sought to dismiss the case on the grounds that there was no longer a pregnancy and therefore no paternity issue to resolve.
The court held an evidentiary hearing that addressed whether Owens had actually been pregnant in the first place. At the hearing, the court considered evidence concerning Owens’s claimed pregnancy and concluded that she had knowingly brought a false paternity claim.
The court also found that she had presented false testimony and fabricated or altered evidence, including sonogram images, during the litigation. The Arizona Court of Appeals later upheld the trial court’s judgment. Owens subsequently pleaded guilty to fraud charges arising from false pregnancy claims involving Echard and another man.
What Would Happen Under Texas Parentage Law?
While the Owen-Echard case is an extreme, issues around pre-birth parentage aren’t out of the norm. Texas Family Code § 160.611 allows a parentage proceeding to begin during pregnancy, and the parties may complete service of process and conduct discovery before the child is born. The court cannot, however, make a final determination of parentage until after the child is born.
Meaning the alleged father cannot necessarily force an immediate determination of parentage simply because a paternity case has been filed during the pregnancy. Genetic testing is also subject to an important limitation. Although Texas courts generally order genetic testing when properly requested in a parentage proceeding, a court or support enforcement agency may not order in utero genetic testing of the child. Tex. Fam. Code § 160.502(a)-(b).
Someone facing a disputed paternity claim during an alleged pregnancy may have to wait until after birth for court-ordered genetic testing of the child to establish parentage.
Handling a False Pregnancy Claim in Texas
As discussed above, Texas law provides procedures for determining parentage when a woman is pregnant. Still, it does not provide a separate procedure specifically for a claim that the pregnancy itself is fabricated. Instead, Texas law provides other avenues to address fraudulent claims:
Leveraging Pre-Trial Discovery
Because discovery is permitted during pregnancy, an alleged father can issue formal discovery requests for medical records, ultrasound logs, and sworn medical releases. Refusal or inability to produce authentic medical verification can expose a false claim early.
Evidentiary Hearings on Pregnancy Existence
Rather than waiting indefinitely for a birth that will not occur, an alleged father can petition the court for an evidentiary hearing to challenge the underlying premise of the lawsuit. If evidence demonstrates that no pregnancy exists or existed, the court can terminate the proceedings.
Sanctions and Fee Recovery
Under Texas law, presenting fabricated medical records, altered images, or false testimony in court opens a party to severe court sanctions, dismissal of their claims, and mandatory reimbursement of the opposing party’s attorney’s fees. In severe cases, fabricating evidence can be referred for criminal prosecution.
Consult a Qualified Dallas Family Law Attorney
Our child custody attorneys at McClure Law Group represent clients in complex Texas family-law disputes, including contested parentage proceedings. If you are facing a disputed pregnancy or paternity claim, contact McClure Law Group at (214) 692-8200.