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| Paternity Establishment What is paternity establishment? Establishing paternity is the process for determining a child's legal father. If parents are not married to each other when their child is born and have not legally acknowledged paternity, the child does not have a legal father. Unless the father becomes a legal father, the child may miss out on many of the things that children of married couples take for granted. The child may not receive the benefits that come with having two legal parents, like social security and inheritance rights. If paternity is not established, the father's name will not appear on the child's birth certificate. Why does the Tennessee Department of Human Services establish paternity? Fatherhood must be legally recognized to obtain a child support order. By law, if a family receives public assistance benefits and the parents are not married, the Department of Human Services (DHS) must establish legal paternity. Child support can only be collected from or for a legal father. Paternity can be established in Tennessee until a child reaches the age of 21. How do I make sure my child has a legal father? Marriage. If the parents are married and living together at the time the child is conceived, legal paternity is established when the child is born. Voluntary Acknowledgment of Paternity. Unmarried parents can legally establish the paternity of their child by signing a form at the hospital, child support office, local health department, or Office of Vital Records. This voluntary acknowledgment process can be used until a child turns 19. Court Order. Paternity may be established by a court order until a child reaches the age of 21. What if the father is unsure he is the father or denies paternity? If the father does not admit paternity or is not sure he is the child's father, genetic tests may be ordered and a court order may be entered to establish paternity. Genetic tests of the mother, child, and the alleged father can determine the likelihood of paternity or exclude a man as a possible father. Other evidence, such as admissions of paternity and previous payment for the child, can also help establish paternity. Alleged fathers will often sign an agreed order for paternity based on the results of the genetic tests. How does the genetic testing process work? Genetic tests can be scheduled through your local child support office. Samples of cells are taken by swabbing the inside of the cheek of the mother, child, and alleged father. If a court orders a genetic test and the alleged father is the biological father, the father will be required to pay the genetic testing fee. If a court orders a genetic test and the alleged father is not the biological father, the local office will pay the fee. How does my local child support office establish paternity? If the child or children need to have paternity established, a caseworker will send a letter to the custodial parent for an appointment as soon as the alleged father is located. The caseworker explains the legal process to both parties. If the alleged father has signed a Voluntary Acknowledgment of Paternity form, a petition to set support is prepared and filed with the court. If the alleged father has not signed this form, a petition to establish paternity and set support is filed with the court, as well as an administrative order for genetic testing. If the alleged father does not waive his right to genetic testing after receiving the administrative order, the parties will be scheduled for DNA testing. If the non-custodial parent requests genetic testing, the case is not set for court until the test results are received. If the alleged father is found to be the biological father, a court case is set to establish paternity and determine the amount of the support order or the parties may enter into an agreed order. If the alleged father is determined not to be the biological father, the court action is dismissed. What rights do legal fathers have? Once paternity is established, legal fathers have the right to have a relationship with and visit the child as the father and mother agree. You can also ask the court to determine visitation and custody. By law, Child Support Services of Tennessee may not assist either the father or the mother with custody or visitation issues. What are the responsibilities of legal fathers? Both parents are required to support their child from birth. If your child does not live with you, you will most likely be required to pay child support and provide medical insurance for your child. What information should I bring? To establish paternity, provide the following information (if known) to your local child support office:
If the alleged father has denied paternity, it may also be helpful to bring other evidence of paternity such as records of money provided to the child, pictures of the father with the child, and admissions that he is the child's father through letters or gifts.
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