Henderson v. Wietzikoski

*102OPINION

VANCE, Justice.

The question presented is whether a person claiming to be the natural father of a child who has a “presumed father” can maintain a suit to establish his paternity. We will follow the decision of the Beaumont Court of Appeals in holding that section 11.03(a)(7) of the Family Code violates the due-course-of-law clause of article I, section 19, of the Texas Constitution. See Tex. Const. art. I, § 19; Tex.Fam.Code Ann. § 11.03(a)(7) (Vernon Supp.1992); Gibson v. In the Interest of J.W.T., 815 S.W.2d 863, 869 (Tex.App. — Beaumont 1991, writ granted). We also determine that…