Tennessee House Bill HB2431

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 2/1/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 24 and Title 36, relative to parentage.

Impact

The proposed changes in HB 2431 imply significant modifications to how parentage is recognized under Tennessee law, which could have wide-reaching implications for family law, child custody arrangements, and the rights of fathers. By formalizing the acknowledgment of paternity, it aims to provide clarity and protect the rights of children and fathers alike. The bill could lead to an increase in formal acknowledgment cases, thus ensuring that more children have legally recognized parents, potentially impacting child support and custody rights.

Summary

House Bill 2431 seeks to amend the Tennessee Code Annotated, specifically Titles 24 and 36, focusing on matters related to parentage. The bill modifies the legal recognition of parents in the case of children born out of wedlock. It establishes that if a man has executed a voluntary acknowledgment of paternity, both he and the child's mother are recognized as the legal parents. However, if no acknowledgment is made, the law stipulates that the mother remains the sole legal parent, holding primary residential care and custody unless there is a contrary custody order.

Contention

While the bill is aimed at enhancing parental rights and responsibilities, it may also face opposition related to its implications for custody disputes and the existing power dynamics between parents. Critics may argue that the provisions, particularly those regarding voluntary acknowledgment, may not adequately protect the interests of the child or the mother in ambiguous situations where the father does not assume parental responsibility. As the bill progresses, discussions may center around ensuring that the rights of all parties involved, especially children's welfare, are upheld.