How Can a Father Establish Paternity if He is Not Married to the Child’s Mother?

27 February 2026

The birth of a child is often a joyous event for a couple. However, it can be confusing for unmarried couples. That is because, unlike most other states, Tennessee does not automatically establish paternity.

Establishing paternity means legally identifying a child’s biological father. In Tennessee, determining paternity is important because it gives a child legal rights to financial support, inheritance, health insurance, and access to family medical history. It also gives fathers important parental rights, including custody and visitation.

If a child is born out of wedlock and there is no child custody order in place, the mother of the child will have custody. This can be a frustrating situation for a man who is 100% sure they are the father of a child.

If the mother does not agree to parenting time for the father, the father must pursue a court order to prove paternity to ensure he has rights to his child. Some mothers choose not to allow the father to see the child, forcing the father to seek legal options.

How is Paternity Established in Tennessee?

Paternity can be established in three main ways:

Presumption of paternity (married parents). If the mother is married at the time of the child’s birth, her husband is automatically presumed to be the legal father, even if he is not the biological parent. This presumption can only be challenged through legal proceedings.
Voluntary Acknowledgment of Paternity (VAP). When a child is born to unmarried parents, both parents may sign a Voluntary Acknowledgment of Paternity form at the hospital or later through the Tennessee Department of Human Services. This allows an unmarried mother to establish paternity with the biological father. This process will allow the father’s name to be added to the birth certificate. The parents can also choose for the child to have their last name. The father will still need a court order to establish visitation and to exercise his rights.
Court-ordered paternity action. If paternity is disputed or unknown, either parent may file a paternity case in court. The court may order DNA testing, which is highly accurate. If testing confirms biological fatherhood, the court will issue an order establishing paternity and may also address child support, custody, visitation, and parenting time.

Paternity Rights and Laws

A man who signed a Voluntary Acknowledgment of Paternity or is presumed to be the father may challenge paternity within certain time limits. After the deadline passes, overturning a paternity determination usually requires proof of fraud, mistake, or misrepresentation, along with DNA evidence.

In Tennessee, a paternity action generally must be filed before the child turns 21, although an earlier action is strongly recommended to ensure timely support.

Contact Us Today

Paternity is not automatic when a child is born out of wedlock. Unless the parents are married at the time of birth, the man must prove he is the child’s father.

Tennessee has strict laws about paternity. A Murfreesboro paternity attorney from The Law Office of David L. Scott can establish parentage and handle your matters involving paternity.