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Understanding how paternity is established in Tennessee

On Behalf of | Jul 25, 2024 | Father's Rights |

Establishing paternity is a significant step for parents and children alike. It affects various aspects of family life, including legal rights, financial support, and emotional connections between a father and his child.

Understanding the process of paternal establishment is essential for any parent or guardian beginning this journey.

How can you establish paternity?

There are two main ways to establish paternity: voluntarily and through a court order. If both parents agree on the father’s identity, they can sign a Voluntary Acknowledgment of Paternity form. This form is typically available at the hospital at the time of the child’s birth, or it can be obtained later from the Department of Health.

If there’s uncertainty or disagreement about who the father is, either parent can seek a paternity determination from the court involving genetic testing to confirm the father’s identity.

What happens after paternity is established?

Once the parents establish paternity, the courts or the Department of Health sends an order requesting that the father’s name be added to the child’s birth certificate. This action also enables the father to seek custody or visitation rights and makes the child eligible for benefits like health insurance from the father’s employer, social security if applicable, and support from both parents.

Is it possible to establish paternity after the father’s death?

You can establish paternity even after the father has passed away. This process involves presenting evidence or using genetic testing of the father’s relatives. Establishing paternity posthumously can be especially relevant for inheritance and social security benefits.

Can you revoke a Voluntary Acknowledgment of Paternity?

You can revoke a Voluntary Acknowledgment of Paternity, but it must happen within 60 days of signing the form. After 60 days, challenging the paternity acknowledgment requires legal action and proof of fraud, duress, or material mistake of fact.

Establishing paternity is a crucial step that supports the well-being of children and ensures their rights are protected. For parents, knowing how to navigate this process can make a significant difference in their child’s life.

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