Tennessee Code Annotated
Tenn. Code Ann. § 36-2-305 (2026)
Agreement to establish parentage - Complaint to establish parentage - Parties - When action may be brought - Order of protection
✓ current as of May 2026
- (a) The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of § 36-2-311.
- (b)
- (1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g), § 68-3-302, or § 68-3-305(b), a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b).
- (2) A complaint to establish parentage of a child may be filed by:
- (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend;
- (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian;
- (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative;
- (D) The department of human services or its contractor.
- (3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child.
- (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing.
- (5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter.
- (6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.
Acts 1997, ch. 477, § 1; 2001, ch. 447, § 1.
Notes of Decisions
Cited in 28
cases (6 in the last 5 years), 1998–2024 · leading case: State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000).
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000). “§ 36-2-305(b)(1)(C) permits any man claiming to be a child’s father to file suit to establish parentage without reference to the marital status of the child’s mother.”
Tina Marie Hodge v. Chadwick Craig, 382 S.W.3d 325 (Tenn. 2012). “2000), and provided in Tenn.Code Ann. § 36-2-305(b)(l)(C) that any man claiming to be a child’s father had standing to seek a judicial determination of his parentage.”
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005). “” Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the “child’s mother,” a “man claiming to be the child’s father,” or the Tennessee Department of Human Services.”
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “" Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the "child's mother," a "man claiming to be the child's father," or the Tennessee Department of Human Services.”
State, ex rel., Schrita O. v. Robert T. (Tenn. Ct. App. 2017). “See Tenn. Code Ann. § 36-2-307 . The Department of Human Services may file an action to establish paternity without joining the parent of the child as petitioner.”
Timothy A. Baxter v. Jennifer D. Rowan (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 36-2-305 (b)(1). These referenced provisions from Title 68 are the very provisions pursuant to which a VAP under Tennessee Code Annotated section 24-7-113 is completed.”
Christina Jane Compher v. Dana Janelle Whitefield (Tenn. Ct. App. 2022). “§ 36-2 - 305(b)(1)(C), “alleged father,” Tenn. Code Ann. § 36-2-305 (b)(4), and “putative father,” Tenn.”
In Re Christopher R. (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 36-2-305 (b)(1)-(2). Acting with Christopher W.”
Kimberly Shea (Matheny) Coyle v. Gregory E. Erickson (Tenn. Ct. App. 2011). “The Court held that the issue that had to be resolved was whether plaintiff’s parentage could be collaterally attacked by third parties seeking to defeat her existing status as eligible beneficiary under the testamentary instruments in question.”
State v. Alberta Beard (Tenn. Ct. App. 1998). “Tenn. Code Ann. § 36-2-305 (b) (Supp. 1998).”
In Re Lindsay R. (Tenn. Ct. App. 2010). “3 Rather, the judgment is based upon “notice” of the paternity action pursuant to the following language of Tenn. Code Ann. § 36-2-305 (b)(5): The action may be commenced by service of a summons as in civil cases and tried as a civil action.”
State of Tennessee ex rel., Elizabeth Wray v. Kelly Collins (Tenn. Ct. App. 2007). “Tenn. Code Ann. § 36-2-305 (a) (2005). Alternatively, a complaint to establish parentage of a child may be brought by the child, the child’s mother, a man claiming to be the child’s father, or the Tennessee Department of Human Services.”
— Tenn. Code Ann. § 36-2-305(a) — 2 cases
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005). “” Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the “child’s mother,” a “man claiming to be the child’s father,” or the Tennessee Department of Human Services.”
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “" Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the "child's mother," a "man claiming to be the child's father," or the Tennessee Department of Human Services.”
— Tenn. Code Ann. § 36-2-305(b) — 2 cases
State v. Alberta Beard (Tenn. Ct. App. 1998). “Tenn. Code Ann. § 36-2-305 (b) (Supp. 1998).”
Jordan Ashton Danelz v. John Gayden, M.D. (Tenn. Ct. App. 2013).
— Tenn. Code Ann. § 36-2-305(b)(1) — 3 cases
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “" Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the "child's mother," a "man claiming to be the child's father," or the Tennessee Department of Human Services.”
Timothy A. Baxter v. Jennifer D. Rowan (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 36-2-305 (b)(1). These referenced provisions from Title 68 are the very provisions pursuant to which a VAP under Tennessee Code Annotated section 24-7-113 is completed.”
In Re Michael J. (Tenn. Ct. App. 2018).
— Tenn. Code Ann. § 36-2-305(b)(1)(C) — 4 cases
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005). “” Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the “child’s mother,” a “man claiming to be the child’s father,” or the Tennessee Department of Human Services.”
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000). “§ 36-2-305(b)(1)(C) permits any man claiming to be a child’s father to file suit to establish parentage without reference to the marital status of the child’s mother.”
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “" Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the "child's mother," a "man claiming to be the child's father," or the Tennessee Department of Human Services.”
State, ex rel Candace West v. Glen Floyd, Jr. (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 36-2-305(b)(2) — 2 cases
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000). “§ 36-2-305(b)(1)(C) permits any man claiming to be a child’s father to file suit to establish parentage without reference to the marital status of the child’s mother.”
In Re L.c.b (Tenn. Ct. App. 2005).
— Tenn. Code Ann. § 36-2-305(b)(4) — 2 cases
In re C.K.G., 173 S.W.3d 714 (Tenn. 2005). “” Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the “child’s mother,” a “man claiming to be the child’s father,” or the Tennessee Department of Human Services.”
In Re Ckg, 173 S.W.3d 714 (Tenn. 2005). “" Tenn.Code Ann. § 36-2-305(a) (2001). Alternatively, a complaint to establish parentage of a child may be brought by the child, the "child's mother," a "man claiming to be the child's father," or the Tennessee Department of Human Services.”
— Tenn. Code Ann. § 36-2-305(b)(5) — 1 case
State v. Alberta Beard (Tenn. Ct. App. 1998). “Tenn. Code Ann. § 36-2-305 (b) (Supp. 1998).”
— Tenn. Code Ann. § 36-2-305(b)(l)(A) — 1 case
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000). “§ 36-2-305(b)(1)(C) permits any man claiming to be a child’s father to file suit to establish parentage without reference to the marital status of the child’s mother.”
— Tenn. Code Ann. § 36-2-305(b)(l)(C) — 2 cases
Tina Marie Hodge v. Chadwick Craig, 382 S.W.3d 325 (Tenn. 2012). “2000), and provided in Tenn.Code Ann. § 36-2-305(b)(l)(C) that any man claiming to be a child’s father had standing to seek a judicial determination of his parentage.”
State Ex Rel. Cihlar v. Crawford, 39 S.W.3d 172 (Tenn. Ct. App. 2000). “§ 36-2-305(b)(1)(C) permits any man claiming to be a child’s father to file suit to establish parentage without reference to the marital status of the child’s mother.”
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