Legal Question in Family Law in Tennessee

father's name on birth certificate

the mother of my grandchild did not put my son's name on the birth certificate. Is there anything that can be done about this? My son saw her records before she left the hospital and she left the father's name blank on the certificate. He didn't say anything to her so not to cause a big scene in the hospital. So he called me to find out what he could do and I turned to the internet for help.

They are not married and she is using her last name for the babies last name. He understands that but he would like to have his name in the father's spot on the certificate.

Asked on 2/22/06, 12:53 pm

3 Answers from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: father's name on birth certificate

Your son would have to pay for a paternity test to prove he is the boy's father. Word from the mother will not be enough proof in a court of law. Assuming the test establishes he is the father, then he can petition the Chancery Court of the county where the child was born for a court order to insert his name on the birth certificate. Faced with a pending lawsuit, the mother may back down and agree to name him as the child's father on the birth certificate.

I can prepare (for a fee) the paperwork for your son to file with the Chancery Court if he decides to pursue this matter.

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Answered on 2/22/06, 1:15 pm


Re: father's name on birth certificate

What your son needs to do is file a legitimation/parentage action in the juvenile court of the county where the child lives so that he can legitimate the child, amend the birth certificate and get his name on it as the father. Of course once he does this, he will be obligated to pay child support. As a grandmother myself, I would certainly force my son to do everything possible to get legal rights to the child and to get know the child. Only your son can do this. Most county juvenile court clerks will assist him in doing this so he may not even have to assume the cost of a lawyer. The sooner he does this, the better,

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Answered on 2/22/06, 3:09 pm
Autry Jones Jones & Landers, Attorneys At Law

Re: father's name on birth certificate

If the mother is receiving state benefits for the child, your grandson may be brought into court without him having to do anything. If the mother is not on state benefits the Juvenile Court may be your best option. It routinely deals with these matters. If your grandson need assistance, as a former Child Support Attorney, I can help.

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Answered on 2/23/06, 8:40 pm

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