Add Date To Legal Tennessee Life Documents New Parents Forms For Free

Does the process require parental consent? The process does require parental consent. A parent, guardian, or adult relative or friend must file the petition with the court, and the court will usually require that any parent that does not sign the petition be notified of the filing of the petition and the hearing date.

§ 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.

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.

The mother and father must both sign the same form in front of a notary. Once signed and notarized, the Acknowledgment of Paternity must be filed with, or sent to, the Office of Vital Records. Once properly filed, the father is the legal father of the child and his name will be added to the child's birth certificate.

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.

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.