Tennessee Department of Human Services v. Shelton

OPINION

FONES, Justice.

This is a rule 11 appeal by the Tennessee Department of Human Services as assignee of Sybil G. Taylor [hereinafter TDHS]. The primary issue is whether under T.C.A. § 36-224 TDHS can bring an action to establish paternity of an unborn child.

The paternity petition in issue was filed by TDHS on September 2, 1979, in the Juvenile Court of Shelby County. On October 12, 1979, after defendant John B. Shelton denied paternity and demanded a jury trial, the matter was transferred to the circuit court. A jury was impaneled to try the sole issue of whether defendant was the father…