Tennessee Code Annotated
Tenn. Code Ann. § 36-2-304 (2026)
Presumption of parentage
✓ current as of May 2026
- (a) A man is rebuttably presumed to be the father of a child if:
- (1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
- (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable;
- (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and:
- (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318;
- (B) The man has consented in writing to be named the child's father on the birth certificate; or
- (C) The man is obligated to support the child under a written voluntary promise or by court order;
- (4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or
- (5) Genetic tests have been administered as provided in § 24-7-112, an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
- (b)
- (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action.
- (2)
- (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.
- (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122.
- (3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.
- (4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question.
- (c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 8; 1999, ch. 339, § 1; 2000, ch. 922, § 4.
Notes of Decisions
Cited in 51
cases (7 in the last 5 years), 1998–2026 · leading case: In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010).
Elliott J. Schuchardt v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. 2026). “Schuchardt challenged the constitutionality of Tennessee Code Annotated section 36-2-304, which provides a presumption of parentage on gender-based grounds, because Ms.”
In Re Christopher R. (Tenn. Ct. App. 2024). “was born, creating a rebuttable presumption under Tennessee Code Annotated section 36-2-304(a)(1) that Father is the legal father.”
In Re Tayla R. (2024). “Tenn. Code Ann. § 36-2-304 provides that the presumption “may be rebutted in an appropriate action” by a preponderance of the evidence.”
Christina Jane Compher v. Dana Janelle Whitefield (Tenn. Ct. App. 2022). “See Tenn. Code Ann. § 36-2-304 (a) (“A man is rebuttably presumed to be the father of a child if .”
Cedra Deanntre Potts (Taylor) v. Starr Anastasia Potts (2021). “-3- In her response, Defendant relied on Tenn. Code Ann. § 36-2-304 , which provides that “[a] man is rebuttably presumed to be the father of a child if .”
Dillon Brooks v. Heather Avery Andrews (2021). “” Tenn. Code Ann. § 36-2-304 (a)(5). However, except under certain circumstances, these presumptions “may be rebutted in an appropriate action.”
Sandra Ann Pippin v. Christina Michelle Pippin (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 36-2-304 (a)(4). Sandra pled that she received Child into her home and held him out as her natural child, and argues that “us[ing] the actual language of the statute but substituting feminine for masculine words,” she “fits within the presumptions that makes…”
Sandra Ann Pippin v. Christina Michelle Pippin (Dissent) (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 36-2-304 (a)(4). Essentially, the application of this statute boils down to Sandra is a woman, not a man and so, according to the majority, the statute does not apply because of the statute’s definitions.”
In Re Michael J. (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 36-2-304 (a)(5) (2017); see also Tenn.”
In Re Mya H. (Tenn. Ct. App. 2017). “See Tenn. Code Ann. § 36-2-304 (using the phrase “presumption[] of parentage”); Tenn.”
In Re: Francis P, 532 S.W.3d 356 (2017). “Tenn. Code Ann. § 36-2-304 (2014). Based on the above provisions, Jon F.”
— Tenn. Code Ann. § 36-2-304(A)(4) — 1 case
Christina Jane Compher v. Dana Janelle Whitefield (Tenn. Ct. App. 2022). “See Tenn. Code Ann. § 36-2-304 (a) (“A man is rebuttably presumed to be the father of a child if .”
— Tenn. Code Ann. § 36-2-304(a) — 6 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
In re T.K.Y., 205 S.W.3d 343 (Tenn. 2006).
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005).
In Re Tky, 205 S.W.3d 343 (Tenn. 2006).
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005).
— Tenn. Code Ann. § 36-2-304(a)(1) — 7 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013).
In Re Tky, 205 S.W.3d 343 (Tenn. 2006).
In Re Christopher R. (Tenn. Ct. App. 2024). “was born, creating a rebuttable presumption under Tennessee Code Annotated section 36-2-304(a)(1) that Father is the legal father.”
In the Matter of: Waylon R. D. (Tenn. Ct. App. 2013).
— Tenn. Code Ann. § 36-2-304(a)(2) — 1 case
In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010).
— Tenn. Code Ann. § 36-2-304(a)(4) — 2 cases
In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010).
Christina Jane Compher v. Dana Janelle Whitefield (Tenn. Ct. App. 2022). “See Tenn. Code Ann. § 36-2-304 (a) (“A man is rebuttably presumed to be the father of a child if .”
— Tenn. Code Ann. § 36-2-304(a)(5) — 6 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
In re T.K.Y., 205 S.W.3d 343 (Tenn. 2006).
In Re Tky, 205 S.W.3d 343 (Tenn. 2006).
In Re: A.N.F. (d/o/b 10/24/99), a Child Under Eighteen Years of Age (Tenn. Ct. App. 2008).
In Re L.c.b (Tenn. Ct. App. 2005).
— Tenn. Code Ann. § 36-2-304(a)(l) — 2 cases
In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010).
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 36-2-304(b) — 2 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
In Re Mya H. (Tenn. Ct. App. 2017). “See Tenn. Code Ann. § 36-2-304 (using the phrase “presumption[] of parentage”); Tenn.”
— Tenn. Code Ann. § 36-2-304(b)(1) — 1 case
State, ex rel Mary Clark v. Vernon Wilson (Tenn. Ct. App. 2002).
— Tenn. Code Ann. § 36-2-304(b)(2) — 1 case
William Alan Watermeier v. Sherry Dunaway Moss & Thomas R. Moss III (Tenn. Ct. App. 2009).
— Tenn. Code Ann. § 36-2-304(b)(2)(1997) — 1 case
William Alan Watermeier v. Sherry Dunaway Moss & Thomas R. Moss III (Tenn. Ct. App. 2009).
— Tenn. Code Ann. § 36-2-304(b)(2)(A) — 3 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
Dougals Blair v. Tracey M. Norris (Tenn. Ct. App. 2000).
William Alan Watermeier v. Sherry Dunaway Moss & Thomas R. Moss III (Tenn. Ct. App. 2009).
— Tenn. Code Ann. § 36-2-304(b)(2)(B) — 2 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
Green v. Johnson, 59 S.W.3d 102 (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 36-2-304(b)(4) — 2 cases
State of TN ex rel Patricia Kimbrough v. Brian Hales (Tenn. Ct. App. 2012).
State, ex rel Candace West v. Glen Floyd, Jr. (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 36-2-304(c) — 2 cases
In Re L.c.b (Tenn. Ct. App. 2005).
Richard Humphrey v. Jeanetta Gammage (Tenn. Ct. App. 2003).
— Tenn. Code Ann. § 36-2-304(e) — 1 case
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
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