Legal Question in Family Law in Tennessee
Legitimation
My brother has a child that was born to a woman with whom he lived for years. They had a child together. The child has my brother's last name on the birth certificate, but the birth certificate does not have anything under ''father's name''. The mother of the child died in December, 2005 while she and my brother were still living together. Upon her death, my brother has maintained custody of the child. Now, my brother has been diagnosed with terminal cancer and I am concerned as to what needs to be done to get the birth certificate corrected, for obvious reasons such as naming a guardian for the child when my brother dies.
2 Answers from Attorneys
Re: Legitimation
The process by which he would be recognized as the child's legal father, and by which the birth certificate could be changed, is legitimation. He needs to file a petition in the Superior Court in the county where the child is living. I would also encourage him to prepare a will naming a guardian of the child at the time of his death and also to have a living will and medical power of atorney prepared. Please let us know if we can be of assistance in this difficult time.
Re: Legitimation
Probably the best way to handle this in TN is for your brother to go to his local Juvenile Court and file a Petition to Determine Parentage sometimes refered to as a Petition for Legitimation. I would strongly suggest doing this through an attorney and it would be a good idea to hire an attorney who can also make sure all important documents are in order such as a Last Will, Power of Attorney, Power of Attorney for Health Care and a Living Will.
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