68-3-305. Father's name on birth certificate -- Surname of child. --

  (a) If the mother was married at the time of either conception or birth, or anytime between conception and birth, to the natural father of the child, the name of the father shall be entered on the certificate and the surname of the child shall be entered on the certificate as that of the natural father, except that where the mother though married has retained the mother's maiden surname, then on sworn application of both parents, the child's surname to be entered on the birth certificate may be the maiden surname of the child's mother, or both surnames as the parents mutually agree.

  (b)(1) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth, and the surname of the child shall be that of the legal surname of the mother. All information pertaining to the father shall be omitted.

  (2)(A) If an original, sworn acknowledgment signed by both
  the mother and the biological father of a child on a form
  provided by the state registrar or the department of human
  services is submitted to the office of vital records, at any
  time prior to the child's nineteenth birthday, the legal
  surname of the father may be entered on the certificate as
  that of the child, and the father's name and other personal
  information may be entered in the spaces provided on the
  birth certificate, notwithstanding the absence of a marriage
  relationship between the parents of the child.

    (B) The acknowledgment form shall be in the form of an
  affidavit, shall contain the social security numbers of the
  mother and father of the child and shall be approved by the
  state registrar and the department of human services. The
  state registrar and the department of human services shall
  modify the form to comply with the minimum regulations for
  such form which are finalized by the secretary of health and
  human services. An acknowledgment executed in conformity with
  this section shall be valid as long as it is executed on a
  form approved by the state registrar and the department of
  human services. A voluntary acknowledgment of paternity may
  be completed by a minor if a parent or legal guardian of the
  minor is present and consents at the time of completion of
  the acknowledgment.

    (C) A legitimation by subsequent marriage of the
  individuals shown on the certificate of birth as the father
  and mother shall not require a new certificate of birth and
  the provisions of §§ 68-3-310(3), 68-3-311, and 68-3-313 shall
  not apply.

  (3) Upon request of the department of human services or any of its contractors in the child support program established under Title IV-D of the Social Security Act, the office of vital records shall provide to them a certified copy of the acknowledgment of paternity form executed under this part.

  (c) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

  (d) In all other cases, the surname of the child shall be the legal surname of the mother.

  (e) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

[Acts 1977, ch. 128, § 6; T.C.A., § 53-445; Acts 1985, ch. 11, § 2; 1994, ch. 988, § 12; 1997, ch. 551, §§ 40, 42.]