How do I establish paternity in Tennessee?

Tennessee paternity law is split between Tenn. Code Title 36, Chapter 2 (Paternity), and Title 24 (Evidence/genetic testing).

1. Voluntary Acknowledgment of Paternity (VAP)

Form PH-1763 is signed by both parents at the hospital or later at any local health department, child support office, or judge's office, and filed with the Office of Vital Records (TDH). Under Tenn. Code § 24-7-113(a) the VAP "shall constitute a legal finding of paternity on the individual named as the father." Either signatory may rescind within the earlier of 60 days or any judicial or administrative proceeding (§ 24-7-113(c)). After that, challenges are limited to fraud, duress, or material mistake of fact and must be brought within 5 years (§ 24-7-113(e)).

2. Court-Ordered Paternity

A petition to establish parentage under Tenn. Code § 36-2-305 may be filed by the mother, alleged father, child (through guardian), or DHS Child Support Services in juvenile court of the county where the child or alleged father resides. Under Tenn. Code § 24-7-112 and 42 U.S.C. § 666(a)(5)(B) the court orders DNA testing on motion of any party; a 95% probability creates a presumption of paternity (§ 24-7-112(b)(2)(B)).

3. Presumption of Paternity

Under Tenn. Code § 36-2-304(a) a man is the father if he and the mother are married at the time of birth, the child is born within 300 days after termination of the marriage by death or divorce, before the child's birth he and the mother married in apparent compliance with the law and the child was born during the marriage, or he is so adjudicated. Presumptions are rebutted by a preponderance of evidence including genetic test results (§ 36-2-304(b)).

4. Effects of Establishing Paternity

Triggers child-support liability under Tenn. Code § 36-5-101 and the TN Child Support Guidelines, opens custody and visitation under § 36-6-101, vests intestate inheritance under Tenn. Code § 31-2-105, and supports a birth-certificate amendment via TDH Vital Records (PH-1665).

5. Special Situations

Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under Tenn. Code § 68-3-306. Tennessee permits traditional and gestational surrogacy but lacks a comprehensive statute; courts issue parentage orders case-by-case.

This is legal information, not legal advice.