Tennessee Code Annotated

Tenn. Code Ann. § 36-2-309 (2026)

Tests to determine parentage

✓ current as of May 2026

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(a) Tests for parentage in actions arising pursuant to this part or in any actions to determine parentage shall be conducted pursuant to § 24-7-112.

(b) The state of Tennessee, its officers, employees, agents or contractors shall not be liable to any person for, nor be ordered to refund to any person, any moneys received pursuant to an order entered pursuant to this part that is subsequently set aside by the court due to a finding of nonpaternity of the person previously adjudicated as the child's father. Nothing in this subsection (b) shall preclude the issuance of a judgment against the mother or actual biological father of the child or children in favor of the person subsequently found not to be the father of a child or children.

Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 10.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2007–2021 · leading case: In re T.C.D., 261 S.W.3d 734 (Tenn. Ct. App. 2007).

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In re T.C.D., 261 S.W.3d 734 (Tenn. Ct. App. 2007). “§§ 36-2-309 (2005) and 24-7-112 (2000), Father requested that the trial court enter an order requiring paternity testing.”

In Re Tcd, 261 S.W.3d 734 (Tenn. Ct. App. 2007). · cites it 2× “Pursuant to Tenn.Code Ann. §§ 36-2-309 (2005) and 24-7-112 (2000), Father requested that the trial court enter an order requiring paternity testing.”

In Re Michael J. (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 36-2-309 (a) (2017). In any contested paternity action, 3 the court is authorized to order the parties and the child “to submit to genetic tests to determine the child’s parentage.”

In Re Madilene G. R. (Tenn. Ct. App. 2013). · cites it 2× “” Similarly, Tenn. Code Ann. § 36-2-309 (b) states, in part, that “[n]othing in this subsection (b) shall preclude the issuance of a judgment against the mother or actual biological father of the child or children in favor of the person subsequently found not to be the father of…”

Dillon Brooks v. Heather Avery Andrews (2021). “31, 2018) (citing Tenn. Code Ann. § 36-2-309 (a)). - 14 - UCCJEA, and therefore, Tennessee had jurisdiction to make an initial custody determination.”

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