How Can Paternity Be Legally Established or Contested?

What is Paternity?

According to the State of Tennessee Department of Human Resources, paternity means becoming the legal father of a child. This act has many benefits for the father, mother, and child and encourages both parents to work together for the child’s best interests. Legal paternity grants the father equal access to the legal rights of their child as the mother.

What are the Legal Rights and Responsibilities of a Parent?

Legal parents have the right to a relationship and to visit their child. After paternity has been acknowledged, a father is afforded these rights. Both parents are legally required to support their child after birth. This support includes child support, health insurance, and other childcare expenses.

What Legal Presumptions Are There Regarding Paternity?

Tennessee law recognizes several situations when a presumption of paternity exists without the process of a court to establish that paternity. Those situations are as follows:

• The child’s parents were married to each other at the time of birth or within 300 days of the birth.
• The child’s parents were married after the birth, and the man registered as a putative or supposed father and consented to be named on the birth certificate or agreed to provide monetary support for the child.
• The child resides with the man and is recognized as his son or daughter.

While these situations create a legal presumption of paternity, they can be refuted in court.

How is Paternity Established?

Paternity may be established voluntarily or through a court of law until the child turns 21 years of age.

Voluntary Acknowledgment of Paternity

Voluntary paternity is established when both parents agree that the man is the biological father of the child and sign a Voluntary Acknowledgement of Paternity at the hospital at the time of birth. The form may also be acquired and signed at a later time at the child support office, local health department, or the Office of Vital Records. Once both parents have signed the form in front of a notary, then the Acknowledgment of Paternity must be filed with the Office of Vital Records. The State of Tennessee recognizes the execution of a VAP as stronger evidence of paternity than a DNA test.

The putative father can sign this form if:

• The child is a minor. A court order must be issued for adult children.
• The mother was unmarried at the time of birth or within 300 days of the birth.
• Both parents consent to adding the putative father’s name to the birth certificate.
• There is no father currently listed on the birth certificate.

Before a Voluntary Acknowledgment of Paternity is filed, it is a good idea to speak with an attorney or have DNA testing to confirm the biological relation. After the form has been filed, paternity will only be rescinded under specific circumstances. It must be petitioned within five years of the filing date if there was no fraud or coercion by the mother.

If a petition to rescind paternity is filed in a timely manner, then it will only be granted if there is evidence of a substantial likelihood of fraud, duress, or a material mistake of fact that occurred when the acknowledgment was signed. If evidence supports this, then a DNA test will be ordered.

Involuntary Paternity

Paternity that is not voluntarily agreed to is established through the court system with an order of parentage. This process begins with the filing of a Petition to Establish Parentage at a court within the county where the mother, father, or child lives. The mother, father, or child, with the help of a guardian, may file the petition, or the Department of Human Services may file it if the child receives public assistance.

If the mother or the father denies or is unsure of paternity, a DNA test may be ordered through the court. If DNA testing confirms that the father is the biological father, then the court will issue an order of parentage that declares the father as the legal father of the child. Then, the man’s name will be added to the birth certificate as the father, and custody, visitation, and child support will be settled at the same time.

How is Paternity Contested?

If paternity is being contested in a court of law and no acknowledgment has been signed, a court will order DNA testing to confirm biological relation.

Contested paternity after the signing of an acknowledgment must be submitted within 60 days and will then enter the court system.

Why is Establishing Paternity Important?

There are many benefits to the child, mother, and father of establishing paternity. The process allows the father the rights and obligations related to the rearing of the child through legal means. Establishing paternity benefits all involved parties in the following ways:

Benefits to the child:

• Receives financial support from the father
• Establishes relationships with both parents
• Receives shelter and aid from the father
• Learns about familial history
• Access personal information regarding medical history and health risks
• Access medical insurance and other benefits from the father
• Gains the right to inherit as a beneficiary of the father
• Gains the right to sue for harm or death on behalf of the father

Benefits to the mother:

• Shares parental responsibilities with the father
• Shares costs associated with raising the child
• Seeks child support payments
• Shares custody with the father
• Allows for parenting time

Benefits to the father:

• Gains legal rights to the child
• Ability to request custody or parenting time
• Forms a bond or relationship with the child
• Shows care for the child
• Participates in the life of the child

Do I Need an Attorney?

If you have questions regarding paternity, call Law Offices of Hibbeler & Associates today at 931-236-2711 or fill out a contact form for a free consultation.