Amends TCA Title 24, Chapter 7; Title 36, Chapter 2 and Title 68, Chapter 3.

Under present law, a man is reputably presumed to be the father of a child if: <br /> <br /> (1) The man and the child's mother are married or have been married to each other and the child is born during the marriage or 300 days after the marriage is ended;<br /> (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law;<br /> (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law; and the man:<br /> <br /> (A) Has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services;<br /> (B) Has consented in writing to be named the child's father on the birth certificate; or<br /> (C) Is obligated to support the child under a written voluntary promise or by court order;<br /> <br /> (4) While the child is under the age of majority, the man receives the child into the man's home and openly holds the child out as the man's natural child; or<br /> (5) Genetic tests have been administered, an exclusion has not occurred, and the test results show a statistical probability of parentage of 95 percent or greater.<br /> <br /> This bill specifies that the above-described presumption does not apply to a man who is married to a child's mother if:<br /> <br /> (1) The man and the child's mother were physically separated in a manner that prevented physical contact for more than 300 days immediately preceding the birth of the child; or <br /> (2) The man was medically incapable of conceiving the child due to a physical disability or limitation, amputation, medical sterilization procedure, or other medical condition that has eliminated the man's reproductive capability.<br /> <br /> ON MARCH 25, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 226, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to change the Vital Records Act of 1977.<br /> <br /> Generally, under present law, if a child's 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 natural father must be entered on the certificate and child's surname is entered on the certificate as one of the following:<br /> <br /> (1) The surname of the natural father; or<br /> (2) The surname of the natural father in combination with either the mother's surname or the mother's maiden surname.<br /> <br /> This amendment adds a requirement that, prior to the mother's husband being entered on a child's birth certificate, the child's mother must confirm by initialing on the sworn application for a birth certificate that:<br /> <br /> (1) The child's mother and her husband were not physically separated in a manner that prevented physical contact for a period exceeding 300 consecutive days immediately preceding the birth of the child; and <br /> (2) The man was not medically incapable of conceiving the child and a medical condition has not eliminated the man's reproductive capability.<br /> <br /> If (1) or (2) applies, the mother's husband may be entered on the certificate only upon the concurrent submission of a sworn application signed by both parents who mutually agree that the husband is the child's natural father.<br /> <br /> This amendment authorizes the office of vital records to exhaust their current inventory of forms before creating new forms to comply with this amendment. <br /> <br /> This amendment's provisions will take effect January 1, 2020.<br /> <br />