13 Jun Exploring Tennessee adoption rights for fathers

What rights do fathers have about adoption in Tennessee?

Fathers have two types of rights in Tennessee — paternity and custody.

While custody is the legal right to raise a child, paternity is the legal definition of who a father is.

Custody includes being included in making decisions like whether a child is placed in foster care or can be placed up for adoption.

According to Tennessee state law, primary custody will almost always go to the biological mother if a child is born out of wedlock.

This means, absent a court order in the form of a Petition to Establish Parentage, the mother will have full custody and the legal rights to make custody decisions in most cases.

By establishing paternity, both the father and the mother are legally required to share in the emotional, financial and legal responsibilities in caring for their child. 

In exchange, fathers are given rights, like the right to custody and a relationship with your child, along with the responsibilities.

These rights will continue indefinitely unless his parental rights have been terminated.

What is a Putative Father?

A putative father is a man who does not have an established legal relationship with a child but claims to be the child’s biological father. A putative father also may be the man who a woman alleges to be the father of her child.

The Tennessee Department of Children’s Services Putative Father Registry allows supposed biological fathers without legal connection to a child to register information about themselves, the mother and the child so they can be notified about possible future adoption proceedings. Adding themselves to the list serves as a “notice of intent” to claim paternity of a child.

The listing also contains the names of persons identified on orders of parentage, or acknowledgement of parentage, received in the Division of Vital Records, Department of Health. 

There is no fee to be registered and a DNA test is not required.

To claim paternity and add your name to the Putative Father Registry, download and fill out the form, Notice of Intent to Claim Paternity or Acknowledgement of Paternity of a Child (CS-0439).

This form requires an original signature of the requestor. Properly filed notices are entered into the Registry within the next business day of receipt.

For questions regarding family law or Tennessee marriage/adoption laws, contact the Law Office of Michael Craig and we’ll be glad to assist you.