Paternity of a child is one of the most common elements in family law cases. Child custody and support often hinge on the paternity of a child – as does marital dissolution, in some unfortunate situations. Legal paternity can be determined several ways. Legal paternity is, of course, not necessarily the same as biological paternity, although the two are often the same.

In Tennessee, a child born into wedlock is assumed under Tenn. Code Ann. § 31-2-105 to be the child of both the wife and the husband. Interestingly, even if the marriage is void the paternity is still legally established, so long as the couple underwent a marriage ceremony. Under that same law, adopted children are given legal status establishing paternity for the adopting father – this is the most common case wherein legal and biological paternity are not congruent.

When a child is born to unmarried parents, there is normally an acknowledgement of paternity by the father. His name will be listed on the birth certificate and by accepting paternity he has assumed the rights and responsibilities of paternity. Under Tenn. Code Ann. § 68-3-302, this acknowledgement is completely voluntary. The birthing institute is required by that law to have an authorized representative explain the consequences, rights, and responsibilities resulting from that acknowledgement.

If paternity is in question, which often occurs when the alleged father has refused to voluntarily acknowledge paternity and the mother has sued for support, the court may order genetic testing. Tenn. Code Ann. § 24-7-112 sets forth the procedure followed when multiple tests are performed with different results.

Many people take paternity for granted, but it is not necessarily a foregone conclusion. If you are involved in a case where paternity may be an important element, you should consult an attorney to ensure that necessary steps are taken. For more information on paternity and other family law issues, click here.