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EVANS v. STEELMAN

970 S.W.2d 431 (1998)

Michael Scott EVANS, Petitioner/Appellant, v. Karen Marie Bisson STEELMAN, Respondent/Appellee, and In the Matter of Sean Michael CRAWFORD, A Child Under 18 Years of Age, Thomas Michael Cihlar, Petitioner/Appellant, v. Mary Ann CRAWFORD and Ronald Shane Crawford, Respondents/Appellees.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied June 22, 1998.

Attorney(s) appearing for the Case

Clark Lee Shaw, Nashville, for Appellant Evans.

Wayne Detring, Hendersonville, for Appellant Cihlar.

R. Miles Mason, Professor Barbara Kritchevsky, Memphis, for Amicus Curiae, Samual T. Bartle, M.D.

Philip W. Duer, Mary Arline Evans, Nashville, for Appellee Steelman.

John L. Schlechty, New York, NY, for Appellees Crawford.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Linda A. Ross, Associate Solicitor General, Kimberly M. Frayn, Assistant Attorney General, Nashville, for the State of Tennessee.

OPINION

ANDERSON, Chief Justice.

We granted the applications for permission to appeal and consolidated these two cases to decide whether, pursuant to Tenn. Code Ann. § 36-2-202 (1996 Repl.) (repealed 1997), a child is "born out of wedlock" when the child's mother is married, but not to the biological father, at the time of the child's birth. If not "born out of wedlock," the biological father has no standing to legitimate the child.

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