Vineyard v. Hood

930 S.W.2d 575, 1996 Tenn. App. LEXIS 348
CourtCourt of Appeals of Tennessee
DecidedJune 10, 1996
StatusPublished
Cited by11 cases

This text of 930 S.W.2d 575 (Vineyard v. Hood) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vineyard v. Hood, 930 S.W.2d 575, 1996 Tenn. App. LEXIS 348 (Tenn. Ct. App. 1996).

Opinion

OPINION

SUSANO, Judge.

In this case, David Vineyard seeks to legitimate and establish a parent-child relationship with his alleged daughter, Kayla Lynn Hood, who was bom to Heather Elaine Hood (Mother) on November 8, 1994. Mother opposes Vineyard’s attempt to legitimate the child on the ground that she has not consented to the child’s legitimation.1 Mother and her parents filed a motion to dismiss, which the juvenile court granted, holding, in effect, that a putative father has no avenue by which to legitimate his child, absent the mother’s consent, under Tennessee’s legitimation statutes. In so ruling, the court apparently relied upon T.C.A § 36-2-202(c),2 which provides as follows:

Nothing herein shall be construed to authorize a putative father to legitimate a child or to execute any voluntary acknowledgment of paternity without the consent of the mother of such child.

[576]*576(Emphasis added). Because Vineyard’s issues on this appeal bring into question the validity of this code section, we directed the parties to serve copies of their briefs on the Attorney General, the Honorable Charles W. Burson, pursuant to the provisions of Rule 32, T.R.A.P.

General Burson has filed a written response regarding the validity of T.C.A. § 36-2-202(c), as it pertains to Vineyard’s petition to legitimate his alleged child. In his response, he certified his conclusion that the statute “is unconstitutional to the extent that it allows an unmarried woman to prevent a putative father from legitimating his alleged biological child.” Thus, the unusual posture of this case presents us, on the pleadings, with the question of the constitutionality of T.C.A. § 36-2-202(e).

I

Our standard of review in a case such as this is set forth in McClenahan v. Cooley, 806 S.W.2d 767, 769 (Tenn.1991):

In light of the fact that this case was dismissed on a motion for judgment on the pleadings ... we are bound to treat as false all allegations of the Defendant, the moving party, which are denied, and as true all well-pleaded allegations contained in the pleadings of the Plaintiff, the opponent of the motion. See Trigg v. Middle Tenn. Elec. Membership Corp., 533 S.W.2d 730, 732-33 (Tenn.App.1975). In other words, on an appeal from an order allowing a judgment on the pleadings, as in this ease, all well-pleaded facts and all reasonable inferences drawn therefrom must be accepted as true. Trigg at 733 (citing Darwin v. Town of Cookeville, 170 Tenn. 508, 97 S.W.2d 838 (1936); Rodgers v. Rodgers, 53 Tenn. 489 (1871)). Conclusions of law are not admitted nor should judgment on the pleadings be granted unless the moving party is clearly entitled to judgment.

Id. We review the instant case with this standard in mind.

II

The facts as set forth in Vineyard’s petition are as follows. The child was born out of wedlock on November 8, 1994. Mother is an unmarried minor in the custody of her parents, respondents Donna and Allen Hood. Vineyard is the natural father, and Mother and her parents have acknowledged him as such. Mother has allowed Vineyard to visit with his child since her birth. Vineyard has offered support for the child, which has been accepted, and he is fully capable and willing to provide continuing support. Finally, Vineyard desires to establish a legal parent-child relationship with his daughter. Vineyard’s petition requests a declaration that he is the child’s biological father. He also seeks the setting of an equitable amount of child support; reasonable visitation rights; and that his daughter’s name be changed to Kayla Lynn Vineyard. In other words, Vineyard seeks to legitimate his chñd.

The respondents argue that the Tennessee legitimation statutes do not allow a putative father to legitimate a child without the consent of the child’s mother. The juvenile court, ostensibly3 relying upon T.CA § 36-2-202(c), agreed and dismissed the petition.

III

The language and effect of T.C.A. § 36-2-202(c) is clear: no putative father may legitimate his child without the consent of the child’s mother, regardless of the circumstances. We now address the question of whether this rule passes constitutional muster under established principles of due process. The Attorney General takes the following position on this question:

that portion of the statute which allows an unmarried woman to prevent the putative father from filing proceedings to legitimate his child constitutes a denial of due process under both the Tennessee and United States Constitutions ...

We agree.

The United States Supreme Court examined the extent to which the Due Process Clause of the Federal Constitution protects a natural father’s biological relationship with [577]*577his child in Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972). In Stanley, the Court struck down a statute creating an irrebuttable presumption that all unwed fathers are unfit parents, and mandating that children of unwed fathers would automatically become wards of the state upon the mother’s death. The Court described the father’s liberty interest in a relationship with his natural children as follows:

The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection. It is plain that the interest of a parent in the companionship, care, custody, and management of his or her children “comets] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic relationships.”
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The rights to conceive and to raise one’s children have been deemed “essential,” Meyer v. Nebraska, 262 U.S. 390, 399, 43 S.Ct. 625, 626, 67 L.Ed. 1042 (1923), “basic civil rights of man,” Skinner v. Oklahoma, 316 U.S. 535, 541, 62 S.Ct. 1110, 1113, 86 L.Ed. 1655 (1942), and “[r]ights far more precious ... than property rights,” May v. Anderson, 345 U.S. 528, 533, 73 S.Ct. 840, 843, 97 L.Ed. 1221 (1953).

Stanley, 405 U.S. at 651, 92 S.Ct. at 1212. Significantly, the Court made it clear that these rights extend to unwed fathers as well as those married: “Nor has the law refused to recognize those family relationships unleg-itimized by a marriage ceremony.” Id., 405 U.S. at 651, 92 S.Ct.

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Bluebook (online)
930 S.W.2d 575, 1996 Tenn. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vineyard-v-hood-tennctapp-1996.