In Garza v. Maverick Market, Inc., 768 S.W.2d 273, 274-75 (Tex. 1989), the court considered whether an illegitimate, posthumous child had standing to file a wrongful death action for the death of his alleged father. The court held that the child did not have to comply with statutes in Texas's Family Code in order to prove paternity. Id. at 275. The court reasoned as follows: The two bodies of law are simply too disparate in application for such combination. The obvious purpose of chapter 13 of the Family Code is to protect the rights of mothers and putative fathers, and to serve the best interest of the child. The text of that chapter shows that it was neither designed or even intended to address tort actions; nor was it designed to protect tortfeasors. The equally obvious purpose of the Wrongful Death Act, on the other hand, is to provide a means whereby surviving spouses, children, and parents can recover for the loss of a family member by wrongful death. Absent any indication by the legislature that it intended the legitimation provisions of the Family Code to apply to the Wrongful Death Act, we will not make that application ourselves. Id. The court concluded that the determination of paternity in a wrongful death suit is a factual question to be decided by a fact-finder in each case. Id. at 275-76.