Tennessee Code Annotated

Tenn. Code Ann. § 31-2-105 (2026)

Establishment of parent-child relationship to determine succession

✓ current as of May 2026

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(a) If, for purposes of inheritance under a will or trust or by intestate succession or contract, a relationship of parent and child must be established to determine succession by, through, or from a person:
- (1) An adopted person is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent; and
- (2) In cases not covered by subdivision (a)(1), a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
  - (A) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
  - (B)
    - (i) The paternity is established by adjudication before the death of the father or is established thereafter by clear and convincing proof, but only if an assertion of paternity is made that seeks the adjudication within the earlier of:
      - (a) The period prescribed in the notice published or posted in accordance with § 30-2-306; or
      - (b) One (1) year after the father's death;
    - (ii) The paternity established under this subdivision (a)(2)(B) is ineffective to qualify the father or the father's kindred to inherit from or through the child unless the father has openly treated the child as the father's, and has not refused to support the child.

(b) In no event is a parent permitted to inherit through intestate succession or under a will or trust or by contract until all child support arrearages together with any interest owed, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive support or to the parent's estate if deceased.

(c) Nothing in this section prevents a child from inheriting from a parent through intestate succession.

Amended by 2017 Tenn. Acts, ch. 290, s 9, eff. 7/1/2017.

Acts 1977, ch. 25, § 4; 1978, ch. 763, § 3; T.C.A., § 31-206; Acts 1986, ch. 580, § 5; 1994, ch. 939, § 2.

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1987–2025 · leading case: Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007).

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Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007). · cites it 13× “763, § 3 (currently codified at Tenn.Code Ann. § 31-2-105) (2001)); see Allen, 568 S.”

Est. of Walton v. Young, 950 S.W.2d 956 (Tenn. 1997). · cites it 6× “The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof,.”

In Re Est. of Armstrong, 859 S.W.2d 323 (Tenn. Ct. App. 1993). · cites it 9× “The Allen case succeeded the passage in 1977 of T.C.A. § 31-2-105 which, as pertinent here, provides: Parent-child relationship.”

Glanton v. Lord, 183 S.W.3d 391 (Tenn. Ct. App. 2005). · cites it 6× “” Tenn.Code Ann. § 31-2-105(a)(2)(B) (2001).”

Bilbrey v. Smithers, 937 S.W.2d 803 (Tenn. 1996). · cites it 8× “The 1978 amendment to Tenn.Code Ann. § 31-2-105 codified the Court’s decision in Allen v.”

In Re Est. of Dobbins, 987 S.W.2d 30 (Tenn. Ct. App. 1998). · cites it 6× “s, denying their entitlement to any of the proceeds and asserting that she had “expended substantial sums of money” in fulfilling her custodial responsibilities regarding Mark for which she sought reimbursement; that Earthie was in substantial arrears in child support payments…”

Teter v. Repub. Parking Sys., Inc., 181 S.W.3d 330 (Tenn. 2005). · cites it 2× “See Tenn.Code Ann. § 31-2-105 (2004 Supp.) (establishment of parental relationship for purposes of intestate succession); Tenn.”

Rose v. Stalcup, 731 S.W.2d 541 (Tenn. Ct. App. 1987). · cites it 8× “In this action, the plaintiff, a minor, seeks to establish a child-parent relationship with the deceased for the purposes of intestate succession pursuant to T.C.A., § 31-2-105. 1 A jury determined the deceased was plaintiff’s father and the trial court entered judgment.”

Majors v. Smith, 776 S.W.2d 538 (Tenn. Ct. App. 1989). · cites it 2× “*540 The Law T.C.A. § 31-2-105 provides: 31-2-105. Parent-child relationship.”

Brady v. Smith, 56 S.W.3d 523 (Tenn. Ct. App. 2001). · cites it 4× “Harvey rule was adopted by the state legislature in Tenn. Code Ann. § 31-2-105 (a) which provides, in pertinent part, the following: (2) [A] person born out of wedlock is a child of the .”

Woods v. Fields, 798 S.W.2d 239 (Tenn. Ct. App. 1990). · cites it 8× “, and sought to establish a relationship of parent and child in accordance with T.C.A. § 31-2-105 (1984 & Supp.1989) for the purpose of intestate succession.”

Adams v. Manis, 859 S.W.2d 323 (Tenn. Ct. App. 1993). · cites it 9× “The Allen case succeeded the passage in 1977 of T.C.A. § 31-2-105 which, as pertinent here, provides: Parent-child relationship.”

Show all 36 citing cases →

— Tenn. Code Ann. § 31-2-105(2)(B) — 1 case

In Re Est. of Patrick Takashi Davis (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 31-2-105(A) — 1 case

In Re Est. of Richard Douglas Roberson (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 31-2-105(B) — 1 case

In Re Est. of Richard Douglas Roberson (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 31-2-105(a) — 1 case

Dennis Hall v. Thomas Howell Fowler (Tenn. Ct. App. 2007).

— Tenn. Code Ann. § 31-2-105(a)(2)(B) — 4 cases

Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007). “763, § 3 (currently codified at Tenn.Code Ann. § 31-2-105) (2001)); see Allen, 568 S.”

Bilbrey v. Smithers, 937 S.W.2d 803 (Tenn. 1996). “The 1978 amendment to Tenn.Code Ann. § 31-2-105 codified the Court’s decision in Allen v.”

Glanton v. Lord, 183 S.W.3d 391 (Tenn. Ct. App. 2005). “” Tenn.Code Ann. § 31-2-105(a)(2)(B) (2001).”

Brady v. Smith, 56 S.W.3d 523 (Tenn. Ct. App. 2001). “Harvey rule was adopted by the state legislature in Tenn. Code Ann. § 31-2-105 (a) which provides, in pertinent part, the following: (2) [A] person born out of wedlock is a child of the .”

— Tenn. Code Ann. § 31-2-105(b) — 1 case

In Re Est. of Dobbins, 987 S.W.2d 30 (Tenn. Ct. App. 1998). “s, denying their entitlement to any of the proceeds and asserting that she had “expended substantial sums of money” in fulfilling her custodial responsibilities regarding Mark for which she sought reimbursement; that Earthie was in substantial arrears in child support payments…”

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