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Opting not to disclose a pregnancy may complicate matters and potentially impact legal proceedings, but the mere act of concealing a pregnancy is unlikely to be deemed illegal. The focus of the courts remains on safeguarding the rights of both parents and ensuring the best interests of the child are met.
§ 68-3-305 restricts a parent's ability to choose a surname for his or her child. As explained above, the statute provides that the surname placed on a child's birth certificate at the time of the child's birth must be the mother's current or maiden surname, the father's surname, or a combination of those surnames.
When a woman who is not married gives birth to a child in Tennessee, she automatically has custody of her child. The father must establish paternity in order to assert his rights, which include parenting time and custody.
If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.
Parents can establish paternity in Tennessee until the child reaches age 21; however, the VAoP process is available only until the child reaches age 19. It is in the best interest of the child to establish paternity right away, preferably at the time of birth.
If a child is born to unmarried persons and there is no COURT ORDER identifying a father, Tennessee law states that the mother automatically has both legal and physical custody of the child. In order for a potential father to have any custody/visitation rights to a child, there MUST be a COURT ORDER.
Parents can establish paternity in Tennessee until the child reaches age 21; however, the VAoP process is available only until the child reaches age 19. It is in the best interest of the child to establish paternity right away, preferably at the time of birth.
An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority.