How Long Does a Father Have to Establish Paternity in Tennessee?

Becoming a father is one of life’s greatest joys. But for many dads in Tennessee, spending time with their children can become difficult if the parents were never married and they separate or something happens to the mother.

When a child is born to unmarried parents, state law automatically grants full custody to the mother until paternity is legally established by the father.

Technically, fathers have until the child turns 21 to acknowledge paternity, or 19 if going through the voluntary acknowledgment of paternity (VAoP) process. But obviously, the sooner a father takes action, the better – ideally at the time of birth.

The reality is, children thrive when both parents are actively involved in their lives. Establishing legal paternity is the key that unlocks the door for fathers to stay present and invested in their children’s lives from an early age.

Why Acknowledging Paternity Matters for Fathers and Children

Paternity refers to the legal recognition of a child’s biological father.

A presumption of parentage exists in Tennessee statutes for married couples, which is just a fancy way of saying that the law automatically considers a husband the legal father of any children born during the marriage.

However, for unmarried parents, a dad must establish paternity through other means.

Acknowledging paternity is important for both the father and the child, as it grants the father certain rights and responsibilities, like:

• The right to seek child custody or visitation
• The obligation to provide financial support
• The ability to make decisions regarding the child’s education, healthcare, and religious upbringing

Additionally, establishing paternity ensures the child can access significant benefits, such as health insurance, Social Security, and inheritance rights.

How to Establish Paternity in Tennessee

There are two methods for establishing paternity in Tennessee: a Voluntary Acknowledgement of Paternity (VAoP) and a court order.

Voluntary Acknowledgment of Paternity (VAoP)

A VAoP is a legal document that, when signed by both parents, establishes fatherhood.

Parents can complete this document:

• At the hospital or birthing facility immediately following the child’s birth.
• At the local health department.
• Through the Tennessee Office of Vital Records.

Completing a VAoP is a simple and cost-effective way to establish paternity, and it grants the father all the legal rights and responsibilities associated with parenthood.

However, it’s important to note that either parent can rescind a VAoP within 60 days of signing. After that period, an interested party can only challenge VAoP based on fraud, duress, or material mistake of fact.

Court Order

In some cases, establishing paternity may require a court order.

This process may be necessary if:

• The mother or father disputes paternity.
• The father wishes to establish paternity, but the mother is uncooperative.
• The child is older, and paternity was never established.

The father must file a petition to establish parentage with the appropriate Tennessee court to obtain a court order.

The court will then order a DNA test to determine biological paternity. If the test confirms the father’s paternity, the court will issue an order of parentage, legally establishing the father as the child’s parent.

When Can Fathers Establish Paternity in Tennessee?

The timeline for establishing paternity depends on the method used and the cooperation of both parents.

Before the Child’s Birth

In Tennessee, parents can establish paternity before the child is born by completing a prenatal VAoP. You can obtain this document from the local health department and signed by both parents during the pregnancy.

At the Time of the Child’s Birth

The most common time to establish paternity is immediately following the child’s birth. Hospitals and birthing facilities in Tennessee must allow unmarried parents to complete a VAoP. If signed, the father’s name will be added to the child’s birth certificate, and paternity will be established.

After the Child’s Birth

If paternity is not established at the time of the child’s birth, unmarried fathers can still take action to establish paternity. Under Tennessee Code § 36-2-306, you have three years following the “age of majority” (18) to establish paternity, so up until the child is 21 years old.

Get Help Establishing Your Paternal Rights in Tennessee

While the Tennessee Department of Human Services (DHS) offers resources to assist unmarried parents, the process of legally establishing paternity can still be overwhelming to navigate alone.

DHS provides services like assisting with voluntary acknowledgments of paternity (VAOPs), locating absent parents, facilitating DNA testing, and establishing and enforcing child support orders. However, protecting your rights as a father often requires experienced legal guidance.

Our dedicated family law team has in-depth knowledge of Tennessee’s paternity laws and can advocate for your interests every step of the way. Whether you need help completing a VAOP, obtaining court-ordered paternity testing, or securing a fair child custody and visitation arrangement, we’re here to defend your role in your child’s life. Don’t leave such an important process to chance.

Take the first step by contacting our family law attorneys today. We’ll ensure you understand your rights and legal options for establishing paternity from day one. Your role as a father matters, and we’ll fight to uphold it.