Grounds for Relief from Paternity Judgment

Can a "father" get relief from a judgment of legitimation based upon his own fraud on the Court? In Welch v. Welch, the Tennessee Court of Appeals said "no." This seems an obvious decision -- but consider the implications. Tennessee courts have also held that one cannot bypass state adoption laws by obtaining a legitimation order based on false testimony. Which is it? It seems that the rule is whichever result the putative father wants, he gets the opposite.

Legal parenthood involves responsibilities and rights. And legal parenthood is not an appropriate sanction. (Keep in mind that the child's mother was surely involved in misleading the court when the parties obtained the legitimation order.) If Mr. Welch is not the child's biological father, and if he has not adopted the child, then he should not bear the resposibilities or enjoy the rights of fatherhood.

For more on this case, see this entry from the Family Law Prof Blog.