Title 36 Domestic Relations

Chapter 1 Adoption
Part 1 General Provisions
§ 36-1-101. Purpose of part — Construction.
  1. (a) The primary purpose of this part is to provide means and procedures for the adoption of children and adults that recognize and effectuate to the greatest extent possible the rights and interests of persons affected by adoption, especially those of the adopted persons, which are specifically protected by the constitutions of the United States and the state of Tennessee and to those ends seek to ensure, to the greatest extent possible, that:
    1. (1) Children are removed from the homes of their parents or guardians only when that becomes the only alternative that is consistent with the best interest of the child;
    2. (2) Children are placed only with those persons who have been determined to be capable of providing proper care and a loving home for an adopted child;
    3. (3) The rights of children to be raised in loving homes that are capable of providing proper care for adopted children and that the best interests of children in the adoptive process are protected;
    4. (4) The adoptive process protects the rights of all persons who are affected by that process and who should be entitled to notice of the proceedings for the adoption of a child;
    5. (5) The adoption proceedings are held in an expeditious manner to enable the child to achieve permanency, consistent with the child's best interests, at the earliest possible date; and
    6. (6) The adopted child is protected in the child's adoptive relationship from any interference by any person who may have some legal claim after the child has become properly adjusted to the child's adoptive home.
  2. (b) The secondary purpose of this part is to:
    1. (1) Protect biological parents and guardians of children from decisions concerning the relinquishment of their parental or guardian's rights to their children or wards that might be made as a result of undue influence or fraud;
    2. (2) Protect adoptive parents from assuming the care and responsibility for a child about whose physical, mental, emotional, and hereditary background they are unaware;
    3. (3) Protect the adoptive parents from the later disturbance of their parental relationship with their child by the biological or prior legal parents of the child who may have some legal claim due to the failure to protect their legal rights; and
    4. (4) Provide adoption promotion and support services and activities designed to encourage early permanency and adoptions, when adoptions promote the best interests of children, including such activities as pre-adoptive and post-adoptive services and activities designed to expedite the adoption process.
  3. (c) The purpose of this part shall also be to favor the rights of adopted persons or other persons for whom any closed records are maintained and their families to obtain information concerning the lives of those persons and to permit them to obtain information about themselves from the adoption records, sealed records, sealed adoption records, or post-adoption records to which they are entitled, but also to recognize the rights of parents and adopted persons not to be contacted by the persons who obtain such information, except in compliance with this part.
  4. (d) In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected and, to that end, this part shall be liberally construed.
§ 36-1-102. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1)
      1. (A) For purposes of terminating the parental or guardian rights of a parent or parents or a guardian or guardians of a child to that child in order to make that child available for adoption, “abandonment” means that:
        1. (i)
          1. (a) If the child is four (4) years of age or more at the time of the filing of a petition for termination of parental rights, for a period of four (4) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child;
          2. (b) If the child is less than four (4) years of age at the time of the filing of a petition for termination of parental rights, for a period of three (3) consecutive months immediately preceding the filing of a proceeding, pleading, petition, or amended or supplemental petition to terminate the parental rights of the parent or parents or the guardian or guardians of the child who is the subject of the petition for termination of parental rights or adoption, the parent or parents or the guardian or guardians either have failed to visit or have failed to support or have failed to make reasonable payments toward the support of the child;
        2. (ii)
          1. (a) The child has been removed from the home or the physical or legal custody of a parent or parents or guardian or guardians by a court order at any stage of proceedings in which a child is alleged to be a dependent and neglected child, and the child was placed in the custody of the department or a licensed child-placing agency;
          2. (b) The juvenile court found, or the court where the termination of parental rights petition is filed finds, that the department or a licensed child-placing agency made reasonable efforts to prevent removal of the child or that the circumstances of the child's situation prevented reasonable efforts from being made prior to the child's removal; and
          3. (c) For a period of four (4) months following the physical removal, the department or agency made reasonable efforts to assist the parent or parents or the guardian or guardians to establish a suitable home for the child, but that the parent or parents or the guardian or guardians have not made reciprocal reasonable efforts to provide a suitable home and have demonstrated a lack of concern for the child to such a degree that it appears unlikely that they will be able to provide a suitable home for the child at an early date. The efforts of the department or agency to assist a parent or guardian in establishing a suitable home for the child shall be found to be reasonable if such efforts equal or exceed the efforts of the parent or guardian toward the same goal, when the parent or guardian is aware that the child is in the custody of the department;
        3. (iii) A biological or legal father has either failed to visit or failed to make reasonable payments toward the support of the child's mother during the four (4) months immediately preceding the birth of the child; provided, that in no instance shall a final order terminating the parental rights of a parent as determined pursuant to this subdivision (1)(A)(iii) be entered until at least thirty (30) days have elapsed since the date of the child's birth;
        4. (iv) A parent or guardian is incarcerated at the time of the filing of a proceeding, pleading, petition, or amended petition to terminate the parental rights of the parent or guardian of the child who is the subject of the petition for termination of parental rights or adoption, or a parent or guardian has been incarcerated during all or part of the four (4) consecutive months immediately preceding the filing of the action if the child is four (4) years of age or more or three (3) consecutive months immediately preceding the filing of the action if the child is less than four (4) years of age and has:
          1. (a)
            1. (1) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child for four (4) consecutive months immediately preceding the parent's or guardian's incarceration if the child is four (4) years of age or more; or
            2. (2) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child for three (3) consecutive months immediately preceding the parent's or guardian's incarceration if the child is less than four (4) years of age;
          2. (b)
            1. (1) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child during an aggregation of the first one hundred twenty (120) days of nonincarceration immediately preceding the filing of the action if the child is four (4) years of age or more; or
            2. (2) Failed to visit, has failed to support, or has failed to make reasonable payments toward the support of the child during an aggregation of the first ninety (90) days of nonincarceration immediately preceding the filing of the action if the child is less than four (4) years of age; or
          3. (c) With knowledge of the existence of the born or unborn child, engaged in conduct prior to, during, or after incarceration that exhibits a wanton disregard for the welfare of the child; or
        5. (v) The child, as a newborn infant aged fourteen (14) days or younger was voluntarily left at a facility or in a newborn safety device by the child's mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit or seek contact with the infant; and, for a period of thirty (30) days after notice was given under § 36-1-142(f), and no less than ninety (90) days cumulatively, the mother failed to seek contact with the infant through the department or to revoke her voluntary delivery of the infant;
      2. (B) For purposes of this subdivision (1), “token support” means that the support, under the circumstances of the individual case, is insignificant given the parent's means. Support is presumptively token support if it is less than the amount of the minimum child support order established by the department of human services child support guidelines. The parent or guardian bears the burden of proving by a preponderance of the evidence that any support provided was more than token support;
      3. (C) For purposes of this subdivision (1), “token visitation” means that the visitation, under the circumstances of the individual case, constitutes nothing more than perfunctory visitation or visitation of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial contact with the child;
      4. (D) For purposes of this subdivision (1), “failed to support” or “failed to make reasonable payments toward such child's support” means the failure, for the applicable time period, to provide monetary support or the failure to provide more than token payments toward the support of the child. That the parent had only the means or ability to make small payments is not a defense to failure to support if no payments were made during the relevant time period;
      5. (E) For purposes of this subdivision (1), “failed to visit” means the failure, for the applicable time period, to visit or engage in more than token visitation. That the parent had only the means or ability to make very occasional visits is not a defense to failure to visit if no visits were made during the relevant time period;
      6. (F) Abandonment may not be repented of by resuming visitation or support subsequent to the filing of any petition seeking to terminate parental or guardianship rights or seeking the adoption of a child;
      7. (G) “Abandonment” and “abandonment of an infant” do not have any other definition except that which is set forth in this section, it being the intent of the general assembly to establish the only grounds for abandonment by statutory definition. Specifically, it shall not be required that a parent be shown to have evinced a settled purpose to forego all parental rights and responsibilities in order for a determination of abandonment to be made. Decisions of any court to the contrary are hereby legislatively overruled;
      8. (H) Every parent who is eighteen (18) years of age or older is presumed to have knowledge of a parent's legal obligation to support such parent's child or children;
      9. (I) For purposes of this subdivision (1), it shall be a defense to abandonment for failure to visit or failure to support that a parent or guardian's failure to visit or support was not willful. The parent or guardian shall bear the burden of proof that the failure to visit or support was not willful. Such defense must be established by a preponderance of evidence. The absence of willfulness is an affirmative defense pursuant to Rule 8.03 of the Tennessee Rules of Civil Procedure;
      10. (J) For purposes of this subdivision (1), a period of incarceration lasting less than seven (7) consecutive days must be counted as days of nonincarceration;
      11. (K) For purposes of this subdivision (1), aggregation is accomplished by counting the days preceding, following, and in-between each period of incarceration of at least seven (7) consecutive days; and
      12. (L) If the original pleading is amended or supplemented to allege a new or additional period of abandonment occurring after an original pleading, then each period of abandonment constitutes an additional ground for termination of parental rights for the court's consideration. For supplemental petitions to terminate parental rights, the calculation of the applicable time periods for abandonment are calculated from the date a motion to supplement was filed;
    2. (2) “Abandonment of an infant” means, for purposes of terminating parental or guardian rights, “abandonment” of a child under one (1) year of age;
    3. (3) “Adopted person” means:
      1. (A) Any person who is or has been adopted under this part or under the laws of any state, territory, or foreign country; and
      2. (B) For purposes of the processing and handling of, and access to, any adoption records, sealed adoption records, sealed records, post-adoption records, or adoption assistance records pursuant to this part, “adopted person” also includes a person for whom any of those records is maintained by the court, other persons or entities or persons authorized to conduct a surrender or revocation of surrender pursuant to this part, or which records are maintained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or the department of health or other information source, whether an adoption petition was ever filed, whether an adoption order was ever entered, whether the adoption was ever dismissed, whether the adoption was ever finalized, or whether the adoption was attempted or was otherwise never completed due to the abandonment of any necessary activity related to the completion of the adoption;
    4. (4) “Adoption” means the social and legal process of establishing by court order, other than by paternity or legitimation proceedings or by voluntary acknowledgment of paternity, the legal relationship of parent and child;
    5. (5) “Adoption assistance” means the federal or state programs that exist to provide financial assistance to adoptive parents to enable them to provide a permanent home to a special needs child as defined by the department;
    6. (6) “Adoption facilitator”:
      1. (A) Means a person, corporation, agency, or other entity, located inside or outside of this state, that provides or engages in any of the following services in exchange for compensation in violation of § 36-1-108 or § 36-1-109, whether directly or indirectly:
        1. (i) Soliciting parents who are considering placing their child for adoption, whether born or not yet born, for the purpose of acting as a link between the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal or physical custody of their child, including, but not limited to, adoptive placement; or
        2. (ii) Soliciting prospective adoptive parents for the purpose of acting as a link between parents who are considering placing their child for adoption, whether born or not yet born, and the prospective adoptive parents, or the prospective adoptive parents' representative, attorney, or agency, for the transfer of legal custody of their child, including, but not limited to, adoptive placement; and
      2. (B) Does not include:
        1. (i) The department;
        2. (ii) A licensed child-placing agency;
        3. (iii) A chartered child-placing agency;
        4. (iv) A licensed clinical social worker;
        5. (v) A licensed attorney;
        6. (vi) A prospective adoptive parent or parents; or
        7. (vii) A parent or parents considering placing their child for adoption;
    7. (7) “Adoption record” means:
      1. (A)
        1. (i) The records, reports, or other documents maintained in any medium by the judge or clerk of the court, or by any other person pursuant to this part who is authorized to witness the execution of surrenders or revocations of surrenders, which records, reports, or documents relate to an adoption petition, a surrender or parental consent, a revocation of a surrender or parental consent, or which reasonably relate to other information concerning the adoption of a person, and which information in such records, reports, or documents exists during the pendency of an adoption or a termination of parental rights proceeding, or which records, reports, or documents exist subsequent to the conclusion of those proceedings, even if no order of adoption or order of dismissal is entered, but which records, reports or documents exist prior to those records, reports, or documents becoming a part of a sealed record or a sealed adoption record pursuant to § 36-1-126; or
        2. (ii) The records, reports, or documents maintained in any medium by the department's social services division, or by a licensed or chartered child-placing agency or licensed clinical social worker, and which records, reports, or documents contain any social, medical, legal, or other information concerning an adopted person, a person who has been placed for adoption or a person for whom adoptive placement activities are currently occurring, and which information in such records, reports, or documents exists during the pendency of an adoption or termination of parental rights proceeding, or which exists subsequent to the conclusion of those proceedings, even if no order of adoption or dismissal of an adoption has been entered, but which records, reports, or documents exist prior to those records, reports, or documents becoming sealed records or sealed adoption records pursuant to § 36-1-126;
      2. (B) The adoption record is confidential and is not subject to disclosure by the court, by a licensed child-placing agency, by a licensed clinical social worker or by any other person or entity, except as otherwise permitted by this part; however, prior to the record's becoming a sealed record or a sealed adoption record pursuant to § 36-1-126, the adoption record may be disclosed as may be necessary for purposes directly related to the placement, care, treatment, protection, or supervision by the legal custodian, legal guardian, conservator, or other legally authorized caretaker of the person who is the subject of the adoption proceeding, or as may be necessary for the purposes directly related to legal proceedings involving the person who is subject to the jurisdiction of a court in an adoption proceeding or other legal proceeding related to an adoption, including terminations of parental rights, or as may otherwise be necessary for use in any child or adult protective services proceedings concerning the person about whom the record is maintained pursuant to titles 37 and 71;
      3. (C) The adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
    8. (8) “Adoptive parent or parents” means the person or persons who have been made the legal parents of a child by the entry of an order of adoption under this part or under of the laws of any state, territory or foreign country;
    9. (9) “Adult” means any person who is eighteen (18) years of age or older. An adult may be adopted as provided in this part;
    10. (10) “Aggravated circumstances” means abandonment, abandonment of an infant, aggravated assault, aggravated kidnapping, especially aggravated kidnapping, aggravated child abuse and neglect, aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor, aggravated rape, rape, rape of a child, incest, or severe child abuse, as defined at § 37-1-102;
    11. (11) “Biological parents” means the woman and man who physically or genetically conceived the child who is the subject of the adoption or termination proceedings or who conceived the child who has made a request for information pursuant to this part;
    12. (12) “Biological relative” means:
      1. (A) For adopted persons for whom any adoption records, sealed adoption records, sealed records, or post-adoption records are maintained: the biological parents or child of an adopted person or person for whom any adoption record, sealed record, sealed adoption record or post-adoption record is maintained, the brothers or sisters of the whole or half blood, the blood grandparents of any degree, the blood aunts or uncles, or the blood cousins of the first degree, of such persons; and
      2. (B) For persons about whom any background information is sought as part of the surrender or parental consent process: the biological parents of the child, the brothers or sisters of the whole or half blood, the blood grandparents of any degree, or the blood aunts or uncles;
    13. (13) “Chartered child-placing agency” means an agency that had received a charter from the state of Tennessee through legislative action or by incorporation for the operation of an entity or a program of any type that engaged in the placement of children for foster care or residential care as part of a plan or program for which those children were or could have been made available for adoptive placement and that may have, at sometime during its existence, become subject to any licensing requirements by the department or its predecessors;
    14. (14) “Child” or “children” means any person or persons under eighteen (18) years of age;
    15. (15) “Child-caring agency” means any agency authorized by law to care for children outside their own homes for twenty-four (24) hours per day;
    16. (16) “Consent” means:
      1. (A) The written authorization to relinquish a child for adoption, which is given by an agency such as the department or a public child care agency of another state or country or licensed child-placing agency of this or another state, which agency has the authority, by court order or by surrender or by operation of law or by any combination of these, to place a child for adoption and to give permission for the adoption of that child by other persons;
      2. (B) The written permission of a parent pursuant to § 36-1-117(f) to permit the adoption of that parent's child by that parent's relative or by the parent's spouse who is the child's stepparent;
      3. (C) The process as described in § 36-1-117(g) by which a parent co-signs an adoption petition with prospective adoptive parents who are unrelated to the child to be adopted for the purpose of agreeing to make the child available for adoption by the co-petitioning prospective adoptive parents, and that permits the court to enter an order of guardianship to give the adoptive parents custody and supervision of the child pending completion or dismissal of the adoption proceeding or pending confirmation or revocation of the consent by the parent. This process must be called a “parental consent”;
      4. (D) The permission of a child fourteen (14) years of age or older given to the court, in chambers, before the entry of an order of adoption of such child;
      5. (E) The permission of a guardian ad litem for a disabled child or an adult permitting the adoption of those persons pursuant to the procedures of § 36-1-117(i) and (j);
      6. (F) The sworn, written permission of an adult person filed with the court where the adoption petition is filed that seeks the adoption of the adult; or
      7. (G) The agreement for contact by the parties to the post-adoption records search procedures that may be required in §§ 36-1-127 — 36-1-141;
    17. (17) “Conservator” means a person or entity appointed by a court to provide partial or full supervision, protection, and assistance of the person or property, or both, of a disabled adult pursuant to title 34, chapter 1 or the equivalent law of another state;
    18. (18)
      1. (A) “Court” means the chancery or circuit court; provided, that “court” includes the juvenile court for purposes of the authority to accept the surrender or revocation of surrenders of a child and to issue any orders of reference, orders of guardianship, or other orders resulting from a surrender or revocation that it accepts and for purposes of authorizing the termination of parental rights pursuant to § 36-1-113; title 37, chapter 1, part 1; and title 37, chapter 2, part 4;
      2. (B) All appeals of any orders relative to the juvenile court's actions in taking a surrender or revocation or in terminating parental rights shall be made to the court of appeals as provided by law; or
      3. (C) A juvenile court magistrate, appointed by the juvenile court judge pursuant to title 37, shall have authority to take a surrender of a child and to take a revocation of such surrender;
    19. (19) “Court report” means the report to the adoption or surrender court in response to an order of reference that describes to the court the status of the child and the prospective adoptive parents or the persons to whom the child is surrendered. Such a report may be preliminary, supplementary, or final in nature. The court report shall not include the home study or preliminary home study, but instead shall include a summary of such study;
    20. (20) “Department” means the department of children's services or any of its divisions or units;
    21. (21) “Eligible person” means, for purposes of §§ 36-1-125 — 36-1-141, a person who is verified by the department as being in the class of individuals who is permitted by this part to receive access to records;
    22. (22) “Final court report” means a written document completed by the department or a licensed child-placing agency or licensed clinical social worker after submission of any prior court reports in response to the court's order of reference. It gives information concerning the status of the child in the home of the prospective adoptive parents and gives a full explanation to the court of the suitability of the prospective adoptive parent or parents to adopt the child who is the subject of the adoption petition. The final court report is designed to bring the status of the proposed adoptive home and the child up to date immediately prior to finalization of the adoption and should be the last report the court receives before finalization of the adoption by entry of an order of adoption;
    23. (23) “Financially able” means that the petitioners for adoption of a child are able, by use of any and all income and economic resources of the petitioners, including, but not limited to, assistance from public or private sources, to ensure that any physical, emotional, or special needs of the child are met;
    24. (24) “Foster care” has the meaning given to that term in § 37-1-102; provided, that no plan or permanency plan, as defined in § 37-2-402, shall be required in the case of foster care provided by or in any agency, institution or home in connection with an adoption of a child, so long as a petition for the adoption of that child by an individual or individuals to whom care of that child has been given is filed in a court of competent jurisdiction within six (6) months of the time that child first comes into the care of the agency, institution or home;
    25. (25) “Foster parent” has the meaning given to that term in § 37-1-102;
    26. (26)
      1. (A) “Guardian” means a person or entity appointed by a court to provide care, custody, control, supervision, and protection for a child, and authorized by the court to adopt or consent to the adoption of the child as a result of a surrender, parental consent, or termination of parental rights;
      2. (B) “Guardian” also means a person or entity authorized by a court to adopt or consent to the adoption of a child upon proof that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
      3. (C) For purposes of this part, “guardian” does not include:
        1. (i) A person or entity appointed guardian of a child by a juvenile court pursuant to § 37-1-104;
        2. (ii) A person appointed permanent guardian of a child by a juvenile court pursuant to § 37-1-801 unless that person has also been awarded guardianship pursuant to § 36-1-113(m);
        3. (iii) A person appointed guardian of the person or property of a child, or both, by a court of competent jurisdiction pursuant to § 34-2-101; or
        4. (iv) Any other person or entity appointed guardian of the person or property of a child pursuant to an order that does not specifically include the right to adopt or consent to the adoption of the child and that was not entered as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
      4. (D) The rights of the guardian must be terminated by surrender or court order or the guardian must provide consent as defined in subdivision (16)(A) before an order of adoption can be entered; provided, that a guardian's rights need not be terminated when the guardian is the petitioner in an adoption;
      5. (E) When the department or a licensed child-placing agency is the guardian of the child, its rights must be terminated by court action or it must provide consent as defined in subdivision (16)(A) before an adoption can be ordered;
    27. (27)
      1. (A) “Guardianship” means the status created by a court order appointing a person or entity guardian of the child. Guardianship rights are those transferred to the guardian by court order, including the right to provide care, custody, control, supervision, and protection for a child and to adopt or consent to the adoption of the child as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to § 36-1-117(a);
      2. (B) Guardianship granted by a court as a result of a surrender, consent, or termination of parental rights, or the equivalent law of any other jurisdiction, may be complete or partial;
      3. (C)
        1. (i) A person or entity has complete guardianship for the purpose of permitting a court to order an adoption when all necessary parental or guardianship rights have been terminated by surrender, consent, waiver of interest, or court order, and a court with jurisdiction to do so enters an order granting guardianship to that person or entity;
        2. (ii) Complete guardianship entitles the guardian to the right to care for the child as provided under § 37-1-140, or as otherwise provided by the court order, and permits the guardian to place the child for adoption and consent to the adoption, or to be granted an adoption of the child, without further termination of parental or guardian rights;
        3. (iii) A prospective adoptive parent granted complete guardianship is the child's guardian for the purpose of § 37-4-201;
      4. (D)
        1. (i) A person or entity has partial guardianship when a court with jurisdiction to do so enters an order granting guardianship to that person or entity as a result of the surrender, parental consent, or termination of parental rights of at least one (1), but not all, parents or guardians of the child, or as a result of the death of one (1) parent or guardian when the parental or guardianship rights of the remaining parent or guardian have not been terminated by surrender, consent, waiver of interest, or court order pursuant to this part or title 37;
        2. (ii) Partial guardianship entitles the guardian to provide care, supervision, and protection of the child pursuant to § 37-1-140, or to the extent permitted by the court order granting partial guardianship, and permits the guardian to place the child for adoption and consent to that adoption; it does not authorize the court to enter an order of adoption until all remaining parental or guardianship rights have been terminated by surrender, consent, waiver of interest, or court order;
        3. (iii) Upon receiving partial guardianship, the department or licensed child-placing agency may place a child for adoption with prospective adoptive parents and may consent to the adoption of the child by those prospective adoptive parents; the prospective adoptive parents are required to comply with § 36-1-117 before an adoption can be granted;
    28. (28) “Home study” means the product of a preparation process in which individuals or families are assessed by themselves and the department or licensed child-placing agency, or a licensed clinical social worker as to their suitability for adoption and their desires with regard to the child they wish to adopt. The home study shall conform to the requirements set forth in the rules of the department and it becomes a written document that is used in the decision to approve or deny a particular home for adoptive placement. The home study may be the basis on which the court report recommends approval or denial to the court of the family as adoptive parents. A court report based upon any home study conducted by a licensed child-placing agency, licensed clinical social worker or the department that has been completed or updated within one (1) year prior to the date of the surrender or order of reference shall be accepted by the court for purposes of §§ 36-1-111 and 36-1-116. The home study shall be confidential, and at the conclusion of the adoption proceeding shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138;
    29. (29) “Interstate Compact on the Placement of Children (ICPC)” means §§ 37-4-201 — 37-4-207 relating to the placement of a child between states for the purposes of foster care or adoption. The ICPC is administered in Tennessee by the department through its state office in Nashville;
    30. (30)
      1. (A) “Legal parent” means:
        1. (i) The biological mother of a child;
        2. (ii) A man who is or has been married to the biological mother of the child if the child was born during the marriage or within three hundred (300) days after the marriage was terminated for any reason, or if the child was born after a decree of separation was entered by a court;
        3. (iii) A man who attempted to marry the biological mother of the child before the child's birth by a marriage apparently in compliance with the law, even if the marriage is declared invalid, if the child was born during the attempted marriage or within three hundred (300) days after the termination of the attempted marriage for any reason;
        4. (iv) A man who has been adjudicated to be the legal father of the child by any court or administrative body of this state or any other state or territory or foreign country or who has signed, pursuant to § 24-7-113, § 68-3-203(g), § 68-3-302, or § 68-3-305(b), an unrevoked and sworn acknowledgment of paternity under Tennessee law, or who has signed such a sworn acknowledgment pursuant to the law of any other state, territory, or foreign country; or
        5. (v) An adoptive parent of a child or adult;
      2. (B) A man shall not be a legal parent of a child based solely on blood, genetic, or DNA testing determining that he is the biological parent of the child without either a court order or voluntary acknowledgement of paternity pursuant to § 24-7-113. Such test may provide a basis for an order establishing paternity by a court of competent jurisdiction, pursuant to the requirements of § 24-7-112;
      3. (C) If the presumption of paternity set out in subdivisions (30)(A)(ii)-(iv) is rebutted as described in § 36-2-304, the man shall no longer be a legal parent for purposes of this chapter and no further notice or termination of parental rights shall be required as to this person;
    31. (31) “Legal relative” means a person who is included in the class of persons set forth in the definition of “biological relative” or “legal parent” and who, at the time a request for services or information is made pursuant to §§ 36-1-127 and 36-1-133 — 36-1-138 or with reference to a contract for post-adoption contact under § 36-1-145 immediately prior to the execution of a surrender or the entry of an order terminating parental rights, is related to the adopted person by any legal relationship established by law, court order, or by marriage, and includes, a stepparent and the spouse of any legal relative;
    32. (32)
      1. (A) “Legal representative” means:
        1. (i) The conservator, guardian, legal custodian, or other person or entity with legal authority to make decisions for an individual with a disability or an attorney-in-fact, an attorney at law representing a person for purposes of obtaining information pursuant to this part, or the legally appointed administrator, executor, or other legally appointed representative of a person's estate; or
        2. (ii) Any person acting under any durable power of attorney for health care purposes or any person appointed to represent a person and acting pursuant to a living will;
      2. (B) For purposes of subdivision (32)(A), “disability” means that the individual is a minor pursuant to any state, territorial, or federal law, or the law of any foreign country, or that the individual has been determined by any such laws to be in need of a person or entity to care for the individual due to that individual's physical or mental incapacity or infirmity;
    33. (33) “Licensed child-placing agency” means any agency operating under a license to place children for adoption issued by the department, or operating under a license from any governmental authority from any other state or territory or the District of Columbia, or any agency that operates under the authority of another country with the right to make placement of children for adoption and that has, in the department's sole determination, been authorized to place children for adoption in this state;
    34. (34) “Licensed clinical social worker” means an individual who holds a license as an independent practitioner from the board of social worker certification and licensure pursuant to title 63, chapter 23, and, in addition, is licensed by the department to provide adoption placement services;
    35. (35) “Lineal ancestor” means any degree of grandparent or great-grandparent, either by birth or adoption;
    36. (36) “Lineal descendant” means a person who descended directly from another person who is the biological or adoptive ancestor of such person, such as the daughter of the daughter's mother or granddaughter of the granddaughter's grandmother;
    37. (37) “Order of reference” means the order from the court where the surrender is executed or filed or where the adoption petition is filed that directs the department or a licensed child-placing agency or licensed clinical social worker to conduct a home study or preliminary home study or to complete a report of the status of the child who is or may be the subject of an adoption proceeding, and that seeks information as to the suitability of the prospective adoptive parents to adopt a child;
    38. (38) “Parent” or “parents” means any biological, legal, adoptive parent or parents or, for purposes of §§ 36-1-127 — 36-1-141, stepparents;
    39. (39) “Parental consent” means the consent described in subdivision (16)(C);
    40. (40) “Parental rights” means the legally recognized rights and responsibilities to act as a parent, to care for, to name, and to claim custodial rights with respect to a child;
    41. (41) “Physical custody” means physical possession and care of a child. “Physical custody” may be constructive, as when a child is placed by agreement or court order with an agency, or purely physical, as when any family, including a formal or informal foster family, has possession and care of a child, so long as such possession was not secured through a criminal act. An agency and a family may have physical custody of the same child at the same time;
    42. (42) “Post-adoption record” means:
      1. (A) The record maintained in any medium by the department, separately from the sealed record or sealed adoption record and subsequent to the sealing of an adoption record or that is maintained about any sealed record or sealed adoption record. The post-adoption record contains information, including, but not limited to, adopted persons or the legal or biological relatives of adopted persons, or about persons for whom sealed records or sealed adoption records are maintained, or about persons who are seeking information about adopted persons, or persons on whom a sealed record or sealed adoption record is maintained. The post-adoption record contains information concerning, but not limited to, the written inquiries from persons requesting access to records, the search efforts of the department, the response to those search efforts by those persons sought, information that has been requested to be transmitted from or on behalf of any person entitled to access to records pursuant to this part, any updated medical information gathered pursuant to this part, court orders related to the opening of any sealed adoption records or sealed records, and personal identifying information concerning any persons subject to this part;
      2. (B) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2), that indicates the child's date of birth, the date the agency received the child for placement, from whom the child was received and such person's last known address, with whom the child was placed and such person's or entity's last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered or the adoption petition dismissed; and
      3. (C) This record is confidential and shall be opened only as provided in this part;
    43. (43)
      1. (A) “Preliminary home study” means an initial home study conducted prior to or, in limited situations, immediately after, the placement of a child with prospective adoptive parents who have not previously been subject to a home study that was conducted or updated not less than six (6) months prior to the date a surrender is sought to be executed to the prospective adoptive parents or prior to the date of the filing of the adoption petition;
      2. (B) The preliminary home study is designed to obtain an early and temporary initial assessment of the basic ability of prospective adoptive parents to provide adequate care for a child who is proposed to be adopted by those prospective adoptive parents, and is utilized only for the purpose of approval of surrenders or for purposes of responding to an order of reference pursuant to § 36-1-116(e)(2), or for purposes of entering a guardianship order under § 36-1-116(f)(3);
      3. (C) The preliminary home study shall consist of a minimum of two (2) visits with the prospective adoptive parents, at least one (1) of which shall be in the home of the prospective adoptive parents, and the study shall support the conclusion that no apparent reason exists why the prospective adoptive parents would not be fit parents for the child who is the subject of the adoption. To be valid for use as the basis for a court report in connection with a surrender or a parental consent, the preliminary home study must have been completed or updated within thirty (30) days prior to the date the surrender is accepted or the parental consent is executed or confirmed or the guardianship order is entered. The home study shall be confidential, and, at the conclusion of the adoption proceeding, shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138;
    44. (44) “Prospective adoptive parents” means a nonagency person or persons who are seeking to adopt a child and who have made application with a licensed child-placing agency or licensed clinical social worker or the department for approval, or who have been previously approved, to receive a child for adoption, or who have received or who expect to receive a surrender of a child, or who have filed a petition for termination or for adoption;
    45. (45) “Putative father” means a biological or alleged biological father of a child who, at the time of the filing of a petition to terminate parental rights, or if such petition is not filed, then at the time of the filing of a petition to adopt a child, has not been excluded by DNA testing as described in § 24-7-112 establishing that he is not the child's biological father or that another man is the child's biological father, is not a legal parent, and meets at least one (1) of the following criteria:
      1. (A) The person has filed with the putative father registry, pursuant to § 36-2-318, as described in § 36-1-113(d)(3)(A), a statement of an intent to claim paternity of the child at any time prior to or within thirty (30) days after the child's birth and has notified the registry of all address changes;
      2. (B) The person has claimed to the child's biological mother, or the petitioners or their attorney, or to the department, a licensed child-placing agency, or a licensed clinical social worker who is involved in the care, placement, supervision, or study of the child, a belief that the person is the father of the child and has either paid financial support to or for the benefit of the child or the child's mother during the pregnancy, or when the mother had physical custody of the child, or has made a court filing or appearance consistent with the person's claim of paternity; provided, that if the person has previously notified the department of his claim to paternity of the child pursuant to the putative father registry, § 36-2-318(e)(3), then the person is subject to all requirements for waiver of notice provisions of § 36-2-318(f)(2) and to all requirements for filing a paternity petition;
      3. (C) The person has openly lived with the child and has held himself out as the father of the child; provided, that if custody of the child has been removed from the biological mother by court order, then notice is given to any man who was openly living with the child at the time of the initiation of the custody or guardianship proceeding that resulted in the removal of the custody or guardianship of the child from the biological mother or biological father, if the man held himself out to be the father of the child at the time of the removal; or
      4. (D) The person has entered a permanency plan under title 37, chapter 2, part 4, or under similar provisions of any other state or territory in which the biological father acknowledges paternity of the child.
    46. (46) “Related” means grandparents or any degree of great-grandparents, aunts or uncles, or any degree of great-aunts or great-uncles, or stepparent, or cousins of the first degree, or first cousins once removed, or any siblings of the whole or half degree or any spouse of the above listed relatives;
    47. (47)
      1. (A) “Sealed adoption record” means:
        1. (i) The adoption record as it exists subsequent to its transmittal to the department, or subsequent to its sealing by the court, pursuant to the requirements of § 36-1-126; or
        2. (ii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);
      2. (B) This record is confidential and shall be opened only as provided in this part;
      3. (C) The sealed adoption record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
    48. (48)
      1. (A) “Sealed record” means:
        1. (i) Any records, reports, or documents that are maintained at any time by a court, a court clerk, a licensed or chartered child-placing agency, licensed clinical social worker, the department, the department of health, or any other information source concerning the foster care or agency care placement, or placement for adoption, of a person by any branch of the Tennessee children's home society authorized by chapter 113 of the Public Acts of 1919; or
        2. (ii) Any records, reports, or documents maintained by a judge, a court clerk, the department, a licensed or chartered child-placing agency, a licensed clinical social worker, the department of health, or any other information source that consist of adoption records or information about an adoption proceeding or a termination of parental rights proceeding about an adopted person, or that contain information about a person who was placed for adoption but for whom no adoption order was entered or for whom an adoption proceeding was dismissed or for whom an adoption was not otherwise completed, or that contain information concerning persons in the care of any person or agency, and which records have otherwise been treated and maintained by those persons or entities under prior law, practice, policy, or custom as confidential, nonpublic adoption records, sealed adoption records, or post-adoption records of the person, or that may be otherwise currently treated and maintained by those persons or entities as confidential, nonpublic adoption records, sealed adoption records or post-adoption records of the person; or
        3. (iii) The limited record maintained by the licensed or chartered child-placing agency or a licensed clinical social worker pursuant to § 36-1-126(b)(2);
      2. (B) This record is confidential and shall be opened only as provided in this part;
      3. (C) The sealed record shall not, for purposes of release of the records pursuant to §§ 36-1-127 — 36-1-141, be construed to permit access, without a court order pursuant to § 36-1-138, to home studies or preliminary home studies or any information obtained by the department, a licensed or chartered child-placing agency, a licensed clinical social worker, or other family counseling service, a physician, a psychologist, or member of the clergy, an attorney or other person in connection with a home study or preliminary home study as part of an adoption or surrender or parental consent proceeding or as part of the evaluation of prospective adoptive parents, other than those studies that are expressly included in a report to the court by such entities or persons. Information relating to the counseling of a biological mother regarding crisis pregnancy counseling shall not be included in the adoption record for purposes of release pursuant to this part without a court order pursuant to § 36-1-138;
    49. (49) “Sibling” means anyone having a sibling relationship;
    50. (50) “Sibling relationship” means the biological or legal relationship between persons who have a common biological or legal parent;
    51. (51) “Surrender” means a document executed under § 36-1-111, or under the laws of another state or territory or country, by the parent or guardian of a child, by which that parent or guardian relinquishes all parental or guardianship rights of that parent or guardian to a child, to another person or public child care agency or licensed child-placing agency for the purposes of making that child available for adoption; and
    52. (52)
      1. (A) “Surrogate birth” means:
        1. (i) The union of the wife's egg and the husband's sperm, which are then placed in another woman, who carries the fetus to term and who, pursuant to a contract, then relinquishes all parental rights to the child to the biological parents pursuant to the terms of the contract; or
        2. (ii) The insemination of a woman by the sperm of a man under a contract by which the parties state their intent that the woman who carries the fetus shall relinquish the child to the biological father and the biological father's wife to parent;
      2. (B) No surrender pursuant to this part is necessary to terminate any parental rights of the woman who carried the child to term under the circumstances described in this subdivision (52) and no adoption of the child by the biological parent or parents is necessary;
      3. (C) Nothing in this subdivision (52) shall be construed to expressly authorize the surrogate birth process in Tennessee unless otherwise approved by the courts or the general assembly.
§ 36-1-103. Prior adoptions and terminations of parental rights involving minors and prior adoptions of adults ratified.
  1. (a) All proceedings for the adoption of children in the courts of this state, including any proceedings that terminated parental or guardianship rights, are hereby validated and confirmed and the orders and judgments entered therein prior to January 1, 1996, are declared to be binding upon all parties to the proceedings and such parties' privies and all other persons, until such orders or judgments shall be vacated as provided by law; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue.
  2. (b) Adoptions and terminations of parental rights pending on January 1, 1996, and surrenders and consents executed prior to January 1, 1996, shall be governed by prior existing law.
  3. (c) All adoptions of persons who are adults as of January 1, 1996, that were completed before January 1, 1996, in the courts of this state, pursuant to the then-existing provisions of this part, are hereby in all things ratified and confirmed.
  4. (d) Notwithstanding any law to the contrary, surrenders taken and adoptions filed on or after January 1, 1996, and before October 1, 1996, which complied with the prior adoption law that was in effect on December 31, 1995, are in all things ratified and confirmed and shall be valid and lawful; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. It is the intent of the general assembly to prevent any declaration of invalidity of any surrenders or adoptions taken or filed on or after January 1, 1996, and before October 1, 1996, for failure to properly comply with the provisions of chapter 532 of the Public Acts of 1995, which took effect on January 1, 1996, and which amended prior adoption law and procedures. This section is remedial legislation and shall have retrospective effect in order to promote the public welfare and to preserve the permanency of adoptive placements for children.
§ 36-1-104. Withholding of material information concerning the status of the parents or guardian of a child subject to surrender, termination of parental rights or adoption — Misdemeanor.
  1. Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation.
§ 36-1-105. Violation of criminal provisions of part by state employee — Dismissal.
  1. Any employee of the state of Tennessee who is convicted of the violation of any of the criminal provisions of this part shall be instantly dismissed from the state service and shall never again be eligible for employment in state service.
§ 36-1-106. Readoption.
  1. (a) Any minor child who was previously adopted under the laws of any jurisdiction may be subsequently readopted in accordance with this part.
  2. (b) With respect to a child sought to be adopted a second time or subsequent time by new adoptive parents, all provisions in this part relating to the biological parents or legal parents or guardians shall apply to the prior adoptive parents, except that in no case of readoption shall a biological or legal parent or guardian whose rights were previously terminated before the child was initially adopted and whose rights were not subsequently restored be made a party to the new adoption proceeding, nor shall such person's surrender, parental consent, or waiver of interest be necessary. The prior adoptive parents whose rights have not been previously terminated and any other persons who otherwise would be entitled to notice pursuant to this part subsequent to the previous adoption of the child shall be the only necessary parties to the new termination or adoption proceedings and only their surrenders or parental consent, or the termination of their rights, shall be necessary.
  3. (c)
    1. (1) With respect to a child sought to be readopted under the laws of this state who has been previously adopted pursuant to the laws of a foreign country, the circuit and chancery courts are specifically authorized to enter new orders of adoption as they may be required for purposes of compliance with any requirements of the government of the United States for children who were adopted in foreign countries. In such instances, if an adoption was conducted in accordance with the laws of the foreign jurisdiction, no further termination of parental rights of the child's parents or guardians need be made, no home study need be conducted, no court report need be made and no time period for which an adoption petition must be on file before a final adoption order is entered shall be required. Further, no consultation of the putative father registry maintained by the department shall be required, and the affidavits otherwise required by § 36-1-120(b)(1) and (2) need not be filed, if the attorney, social worker, or child-placing agency, as the case may be, that provided professional services in the underlying foreign adoption, does not maintain an office in the United States.
    2. (2)
      1. (A) When a Tennessee resident adopts a child in a foreign country in accordance with the laws of the foreign country and such adoption is recognized as full and final by the United States government, such resident may file, with a petition, a copy of the decree, order or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation of the decree, order or certificate of adoption, if it is not in English, and proof of full and final adoption from the United States government, with the clerk of the chancery or circuit court of any county in this state having jurisdiction over the person or persons filing such documents.
      2. (B) The court shall assign a docket number and file and enter the documents referenced in subdivision (c)(2)(A) with an order recognizing such foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country, shall have the same force and effect as if a final order of readoption were granted in accordance with this part.
      3. (C) When the order referenced in subdivision (c)(2)(B) is filed and entered, the adoptive parents may request a report of foreign birth pursuant to § 68-3-310 by submitting an application for report of foreign birth.
      4. (D) Individuals obtaining a report of foreign birth under subdivision (c)(2)(C) are exempt from the disclosure of fees requirements of § 36-1-116(b)(16).
§ 36-1-107. Persons to whom this part is applicable.
  1. (a) Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with this part.
  2. (b) A single person may file a petition for the adoption of a child.
  3. (c) An adult may be adopted.
§ 36-1-108. Entities authorized to place children for adoption — Advisory and agency capacity authorized — Injunction to stop illegal payments.
  1. (a)
    1. (1) No person, corporation, agency, or other entity, except the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102, shall engage in the placement of children for adoption; provided, that this section shall not be construed to prohibit any person from advising parents of a child or prospective adoptive parents of the availability of adoption, or from acting as an agent or attorney for the parents of a child or prospective adoptive parents in making necessary arrangements for adoption so long as no remuneration, fees, contributions, or things of value are given to or received from any person or entity for such service other than usual and customary legal and medical fees in connection with the birth of the child or other pregnancy-related expenses, or for counseling for the parents and/or the child, and for the legal proceedings related to the adoption.
    2. (2) Only a licensed child-placing agency, as defined in § 36-1-102, a licensed clinical social worker, as defined in § 36-1-102, prospective adoptive parents, or a lawyer who is subject to the Tennessee supreme court rules regarding lawyer advertising may advertise for the placement of children for adoption in this state. In order to advertise for the placement of children for adoption in Tennessee, out-of-state licensed child placing agencies, licensed clinical social workers or lawyers must:
      1. (A) Be authorized to do business in this state under respective licensing laws; and
      2. (B) Maintain a physical office within this state or incur expenses involved in the transportation of a licensing consultant to the closest physical office of the agency, social worker or lawyer.
    3. (3) Any advertisement in this state for the placement of children for adoption in another state by an agency or individual not licensed or authorized to do such business in this state must clearly disclose on any advertisement in this state for the placement of a child or children for adoption, the name of the government authority by which they are licensed, and that they are not licensed by the state of Tennessee. The disclosure must be in a form similar to “(Person/Entity) is (a child-placing agency/an attorney/a clinical social worker) licensed by (government authority). Not licensed in Tennessee.”.
    4. (4) It is unlawful for an adoption facilitator to operate in this state, advertise their services within the boundaries of this state, or provide services to any resident of this state including, but not limited to, prospective adoptive parents or parents considering placing their child, whether born or not yet born, for adoption.
    5. (5) A child-placing agency or attorney not licensed in this state must secure the services of a child-placing agency or attorney licensed in this state to provide adoption-related placement services to any expectant parent or child in this state.
  2. (b) “Placement of a child or children for adoption” means, for purposes of this section and § 36-1-109 and for licensing purposes in title 37, chapter 5, part 5, and for § 37-5-507, that a person, corporation, agency, or other entity is employed, contracted, or engaged, in any manner for any remuneration, fee, contribution, or thing of value, of any type by, or on behalf of, any person:
    1. (1) In the selection of prospective adoptive parents for a child by determining the relative qualifications of prospective adoptive parents in a decision by that person, corporation, agency, or other entity to place any child or children, including specifically, but not limited to, the preparation of home studies, preliminary home studies, court reports for surrenders or adoptions, or the provision of supervision of a child in an adoptive home as part of the adoptive process; or
    2. (2)
      1. (A) In the business of arranging services or assistance directed primarily, and not as an incidental part of its primary business, toward bringing to or placing with prospective adoptive parents a child or children for the purpose of foster care leading to adoption or as an adoptive placement for a child or children, including, but not limited to, advertising for such services, accepting clients for a fee, or providing any placing services for a fee;
      2. (B) Nothing in subdivision (b)(2)(A) shall include the provision of reasonable and necessary legal services related to the adoption proceedings, or medical or counseling services for the child or the parent in connection with the child's birth or in connection with the parent's decision to relinquish the child for adoption or for counseling services for the prospective adoptive parents.
  3. (c)
    1. (1) Any court of competent jurisdiction, upon the filing of a sworn complaint by the department or by a licensed child-placing agency, or by any person aggrieved, may temporarily enjoin or restrain any person, corporation, agency, or other entity from engaging or attempting to engage in placing children for adoption in violation or in threatened violation of this part or title 71, chapter 3, part 5, and upon final hearing, if the court determines that there has been a violation, or threatened violation, thereof, the injunction shall be made permanent.
    2. (2) If the court finds that any person, corporation, agency, or other entity has engaged in the illegal placement of children for adoption, that person, corporation, agency, or other entity is liable for all the costs of the legal proceedings and for all attorney fees for private persons or private agencies who brought the action, or for the cost of attorney and staff time for the department involved in the proceeding, or for other remedies pursuant to § 29-34-214.
  4. (d)
    1. (1) In order to allow the prospective adoptive parents to have information available to them to permit informed choices regarding the employment of persons or entities involved in the placement of children, or in counseling, or in the provision of legal services, the department shall collect the information concerning fees or other costs charged by licensed child-placing agencies, licensed clinical social workers, attorneys, and counseling services that are disclosed in accordance with §§ 36-1-116(b)(16) and 36-1-120(b).
    2. (2) This information shall be used by the department to develop an informational database in order for the department to provide, upon request of prospective adoptive parents or other interested persons, information concerning fees charged for home studies, placement services, counseling and legal fees. Such information shall be made available by the department in written form to any person so requesting. No employee of the department shall make any recommendation regarding or comment upon any information concerning such attorney, licensed child-placing agency or licensed clinical social worker.
    3. (3) The department is specifically authorized to promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to regulate fees charged by licensed child-placing agencies and licensed clinical social workers or their practices, if it determines that the practices of those licensed child-placing agencies or licensed clinical social workers demonstrate that the fees charged are excessive or that any of the agency's practices are deceptive or misleading; provided, that such rules regarding fees shall take into account the use of any sliding fee by an agency or licensed clinical social worker that or who uses a sliding fee procedure to permit prospective adoptive parents of varying income levels to utilize the services of such agencies or persons.
    4. (4) The department shall promulgate rules pursuant to the Uniform Administrative Procedures Act to require that all licensed child-placing agencies and licensed clinical social workers provide written disclosures to all prospective adoptive parents of any fees or other charges for each service performed by the agency or person, and file an annual report with the department that states the fees and charges for those services, and to require them to inform the department in writing forty (40) days in advance of any proposed changes to the fees or charges for those services.
    5. (5) The department is specifically authorized to disclose to prospective adoptive parents or other interested persons any fees charged by any licensed child-placing agency, licensed clinical social worker, attorney or counseling service or counselor for all legal and counseling services provided by that licensed child-placing agency, licensed clinical social worker, attorney or counseling service or counselor.
  5. (e)
    1. (1) A person commits an offense who engages or attempts to engage in placing a child or children for adoption in violation of the requirements of this part or title 71, chapter 3, part 5.
    2. (2) A violation of this subsection (e) is a Class A misdemeanor.
§ 36-1-109. Illegal payments in connection with placement of child — Penalty.
  1. (a) It is unlawful for any person, corporation, agency, or other entity other than the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102, that is subject to regulation by the department to:
    1. (1)
      1. (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law;
      2. (B)
        1. (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for:
          1. (a) Hospital or medical services for the birth of the child;
          2. (b) Medical care and other reasonable birth-related expenses for the mother or child;
          3. (c) Counseling fees for the parents or prospective adoptive parents or child;
          4. (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or
          5. (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child.
        2. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i).
        3. (iii) Expenses must be incurred directly in connection with:
          1. (a) Maternity, birth, or placement of the child for adoption;
          2. (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or
          3. (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child.
        4. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made.
        5. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
    2. (2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B);
    3. (3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or
    4. (4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3).
  2. (b) A violation of this section is a Class C felony.
  3. (c) Any adoption completed before March 27, 1978, shall not be affected by this section.
§ 36-1-110. Parent under eighteen years of age — Surrender.
  1. (a) A parent who has not reached eighteen (18) years of age shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights to a child, and shall be as fully bound thereby as if the parent had attained eighteen (18) years of age.
  2. (b) The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights.
§ 36-1-111. Presurrender request for home study or preliminary home study — Surrender of child — Consent for adoption by parent — Effect of Surrender — Form of surrender — Waiver of interest — Interpreter for non-English speaking parents.
  1. (a)
    1. (1) Prior to receiving a surrender by a parent of a child or prior to the execution of a parental consent by a parent in a petition for adoption, the prospective adoptive parents shall request a licensed child-placing agency, a licensed clinical social worker, or, if indigent under federal poverty guidelines, the department, to conduct a home study or preliminary home study for use in the surrender, or parental consent proceeding, or in the adoption.
    2. (2) A court report based upon the home study or preliminary home study must be available to the court or, when using a Tennessee surrender form, to the persons under subsection (g), (h), or (i), and, before the surrender to prospective adoptive parents is executed, the court report must be reviewed by the court or persons under those subsections in any surrender proceeding in which the surrender is not made to the department or a licensed child-placing agency. When a parental consent is executed, pursuant to § 36-1-117(g), the court report based upon the home study or preliminary home study must be filed with the adoption petition, and must be reviewed by the court before the entry of an order of guardianship giving the prospective adoptive parents guardianship of the child.
    3. (3) All court reports submitted under this subsection (a) shall be confidential and shall not be open to inspection by any person except by order of the court entered on the minute book. The court shall, however, disclose to prospective adoptive parents any adverse court reports or information contained therein, but shall protect the identities of any person reporting child abuse or neglect in accordance with law.
    4. (4) A surrendering party shall complete a social and medical history form as promulgated by the department of children's services, or a substantially similar form, and attach the completed and executed form to the surrendering party's pre-surrender information form.
  2. (b)
    1. (1) All surrenders must be made before a judge of the chancery, circuit, or juvenile court except as provided herein, and the court shall advise the person or persons surrendering the child of the right of revocation of the surrender and time for the revocation and the procedure for such revocation. A surrender made under this section may be made in chambers or over a virtual video platform on which the court sees the person or persons surrendering the child. The decision whether to conduct the surrender in chambers or over a virtual video platform is within the court's discretion.
    2. (2) A surrender form shall be legally sufficient if it contains statements comparable to the “Form of Surrender” set forth in subdivision (b)(3). The information requested on the pre-surrender information forms under subdivisions (b)(4) and (5) shall be collected, to the extent that such information is known to the surrendering or accepting party respectively, on the forms provided in subdivisions (b)(4) and (5) or by a substantially similar method and shall be attached to the surrender form proffered to the judge or officiant for execution.
    3. (3)
      1. TENNESSEE SURRENDER FORM
      2. I, (full name of surrendering party) , born (surrendering party's date of birth), sign this surrender to end my parental rights and responsibilities to (full name of child) , born (child's date of birth) in (location of child's birth) . I am this child's (circle one) mother / father / possible father / guardian.
      3. I surrender my parental rights to and request that this Court give guardianship to (a person/family with a current, approved home study, or a licensed child-placing agency) .
      4. I know I only have three (3) days to change my mind and revoke this decision after I sign this form. This decision may not be changed if I do not revoke this surrender on or before (three days after today, calculated under Tennessee Rule of Civil Procedure 6.01). To revoke, I must sign a revocation form before the Judge or officiant with me now or his or her successor.
      5. I have completed the Surrendering Party Pre-Surrender Information Form. I have provided true and complete answers to all the questions on that form to the best of my knowledge.
      6. I know that I should only sign this form if I want my parental rights terminated. If I want to talk to my own lawyer before I sign this form, I should tell the Judge or other officiant now and this surrender process will stop. I can talk to my lawyer and then decide if I still want to end my parental rights. If I do not have my own lawyer, I understand that I am free to go obtain my own lawyer and this surrender process will stop until I have done so, or I may continue without my own lawyer at this time. The judge or other officiant has also advised me that I have the right to a lawyer.
      7. If anyone is putting pressure on me to sign this surrender, or trying to make me sign against my will, or has promised me something I value in order to make me want to sign this surrender, I understand that I should tell the Judge or officiant about that before I sign this form. The Judge or officiant will not allow me to be forced to sign this surrender.
      8. No one is pressuring, threatening, or paying me to get me to sign this form. I believe voluntary termination of my parental rights is in the best interest of my child.
      9. By signing below I voluntarily terminate my parental rights and surrender my child to the person(s) or agency listed above.
      10. This day of , 20.
      11. Surrendering Party's Signature
      12. Judge or Officiant Attestation
      13. I interviewed the surrendering party and witnessed execution of the foregoing surrender as required by T.C.A. § 36-1-111. The surrendering party understands that he/she is surrendering parental rights to this child. There is no reason to believe that this is not a voluntary act.
      14. The Surrendering Party's Pre-Surrender Information Form, the surrendering party's Social and Medical History Form, and if the surrender is to an individual, or individuals, as opposed to an agency, the individual's, or individuals', court report based upon a current and approved home study are attached to this form. The Pre-Surrender Information Form and Social and Medical History Form are properly verified by a notary or I reviewed the information with the surrendering party and he/she has attested before me to the correctness of those forms.
      15. This day of , 20.
      16. Judge or Officiant's Signature
      17. Name and Title:
      18. Court or Employing Institution and Location:
      19. ACCEPTANCE BY AGENCY or PROSPECTIVE ADOPTIVE PARENT(S)
      20. I/We and individually or I, , on behalf of the licensed child-placing agency, , hereby accept the surrender of (child) from (surrendering party) and plan to adopt the surrendered child or for an agency, expect and intend to place this child for adoption with an appropriate family. I/We or the undersigned agency have physical custody of this child or will have physical custody upon discharge of this child from a healthcare facility. I/We or the undersigned agency agree(s) to assume responsibility for obtaining guardianship of the surrendered child through a court order within thirty (30) days of the date of the surrender. I/We or the undersigned agency agree(s), to be responsible for the care, custody, financial support, medical care, education, moral, and spiritual training of this child, pending an adoption.
      21. I/We have completed the Accepting Party's Pre-Acceptance Information Form. The information provided in that form is true to the best of my/our knowledge.
      22. This day of , 20.
      23. Signature of Prospective Adoptive Parent
      24. Signature of Prospective Adoptive Parent
      25. Signature of Agency Representative and Title
      26. Judge or Officiant Attestation
      27. I interviewed the accepting parties and witnessed execution of the foregoing acceptance.
      28. The Accepting Party's Pre-Acceptance Information Form and any accepting individual's/individuals' court report based upon a current and approved home study are attached to this form. The Accepting Party's Pre-Acceptance Information Form is properly verified by a notary or I reviewed the information with the accepting parties and they have attested before me to the correctness of the form.
      29. This day of , 20.
      30. Judge or Officiant's Signature
      31. Name and Title:
      32. Court or Employing Institution and Location:
    4. (4)
      1. SURRENDERING PARTY'S PRE-SURRENDER INFORMATION FORM
      2. STATE OF
      3. COUNTY OF
      4. Being duly sworn according to law, affiant would state:
      5. 1. I am:
      6. a. Mother:    (Date of Birth) or
      7. b. Father:    (Date of Birth) or
      8. c. Legal Guardian:    (Date of Birth) of
      9. 2.
      10. a. Child's Name
      11. b. Child's Date of Birth
      12. c. Child's Place of Birth
      13. d. Child's Sex
      14. e. Child's Race
      15. 3. This child was born in wedlock [ ] out of wedlock [ ] in wedlock but the mother's husband is not the child's biological father [ ].
      16. 4. State the names and relationships of any other legal parents, putative fathers, and legal guardians for this child:
        1. a.
        2. (1) Name
        3. (2) Relationship to the child
        4. (3) Address
        5. (4) City, State, Zip
        6. (5) Telephone Number: Home: Work:
        7. (6) Other identifying information concerning the above identified other legal or biological parent/legal guardian.
        8. b.
        9. (1) Name
        10. (2) Relationship to the child
        11. (3) Address
        12. (4) City, State, Zip
        13. (5) Telephone Number: Home: Work:
        14. (6) Other identifying information concerning the above identified other legal or biological parent/legal guardian.
      17. 5. If the above named parties' whereabouts are unknown, please describe why that is the case:
      18. 6. Is the child or surrendering parent or another legal parent of the child a member of a federally recognized American Indian or Alaskan Native tribe?
      19. If “yes,” please provide the name and address of the tribe, all available information regarding the tribal membership, including a membership number if there is one, or the basis for the belief that one may be a tribal member. If there is a tribal membership card or tribal enrollment document please provide a copy by attaching it to this form.
      20. 7.
        1. a. Will this child be sent out of Tennessee to another state for adoption?
        2. Yes [ ] No [ ]
        3. b. If yes, name of state:
      21. 8. Have you been paid, received, or promised any money or other remuneration or thing of value in connection with the birth of the above-named child or placement of this child for adoption?
      22. Yes [ ] No [ ] If no, go to #9.
      23. If yes, please list the amount paid, to whom the payment was made, who made the payment, when was the payment made, and for what purpose the payment was made:
      24. 9. Does the child own any real or personal property? Yes [ ] No [ ] If yes, please describe property, its value, and any relevant circumstances:
      25. 10.
        1. a. I currently have (___) legal, (___) physical, or (___) legal and physical custody of the child.
        2. b. If someone else has legal or physical custody of the child, please identify the person or agency that holds custody of the child and whether they have legal custody, physical custody, or both.
        3. For a custodian, other than the surrendering party, please list the custodians:
        4. Custodian(s)
        5. Street
        6. City , State , Zip
        7. Telephone Number: Home: Work:
      26. 11.
        1. a. There may be state assistance-money, classes, health insurance, food aid and such, available to help you if you parent the child yourself.
        2. b. There is counseling available if you want to talk to a counselor about your choice before you sign a surrender form.
        3. c. You can talk to a lawyer who only represents you, if you want to, before you sign a surrender form.
        4. Do you understand that all these things are available? Yes [ ] No [ ]
      27. FURTHER, AFFIANT SAITH NOT.
      28. This day of , 20.
      29. Signature: Biological [ ] Legal [ ] Mother ________________________________
      30. Biological [ ] Legal [ ] Father ________________________________
      31. Legal Guardian of
      32. Name of Child
      33. Sworn to and subscribed before me this the day of , 20.
      34. Notary Public
      35. My commission expires:
      36. (A notary is necessary if information on this form is not reviewed by and acknowledged before a Judge or officiant.)
    5. (5)
      1. ACCEPTING PARTY'S PRE-ACCEPTANCE INFORMATION FORM
      2. STATE OF
      3. COUNTY OF
      4. Being duly sworn affiants would state:
        1. 1.
        2. a. I am , Prospective Adoptive Parent.
        3. b. Prospective Adoptive Parent's Date of Birth
        4. c. Prospective Adoptive Parent's Place of Birth
        5. d. Prospective Adoptive Parent's Marital Status
        6. 2.
        7. a. I am , Prospective Adoptive Parent.
        8. b. Prospective Adoptive Parent's Date of Birth
        9. c. Prospective Adoptive Parent's Place of Birth
        10. d. Prospective Adoptive Parent's Marital Status Or
        11. 3. I am , representative of a licensed child placing agency with offices at:
        12. 4. The following costs have been paid or promised by (me/us) for activities involving the placement of this child. Please include, amount paid or promised, to whom, by whom, date paid and type of service or cost:
        13. 5.
        14. a. ____ I/We have physical custody of this child; or
        15. b. ____ I/We will receive physical custody of the child from the parent or legal guardian within five (5) days of this surrender; or
        16. c. ____ I/We have the right to receive physical custody of the child upon his or her release from a hospital or health care facility; or
        17. d. _____ Another person or agency currently has physical control of the child. I/We have presented to the court an affidavit of the person or agency required by T.C.A § 36-1-111(d)(6) which indicates their waiver of right to custody of the child upon entry of a guardianship order pursuant to T.C.A. § 36-l-111(o).
        18. 6. Yes [ ] No [ ]. I/We have presented to the court a currently effective or updated home study or preliminary home study of my/our home conducted by a licensed child-placing agency, a licensed clinical social worker, or the Tennessee Department of Children's Services as required by Tennessee law. (Not applicable for agency placements)
        19. 7.
        20. a. If the child is to be removed from Tennessee for adoption in another state, will there be compliance with the Interstate Compact on the Placement of Children.Yes [ ] No [ ] Not Applicable [ ].
        21. b. If yes, who will be responsible for preparing and submitting the ICPC package?
        22. FURTHER, AFFIANT SAITH NOT.
        23. This day of , 20.
        24. Signature of Prospective Adoptive Parent
        25. Signature of Prospective Adoptive Parent
        26. OR
        27. Signature of Representative of Agency
        28. Name of Agency
        29. Sworn to and subscribed before me this the day of , 20.
        30. Notary Public
        31. My commission expires:
        32. (A notary is necessary if information on this form is not reviewed by and acknowledged before a Judge or officiant.)
    6. (6)
      1. REVOCATION OF SURRENDER BY A PARENT OR GUARDIAN
      2. STATE OF
      3. COUNTY OF
      4. Being duly sworn affiants would state:
        1. 1. I am:
        2. a. Mother:
        3. b. Father:, or
        4. c. Legal Guardian:, of:
        5. 2.
        6. a. Child's Name:
        7. b. Child's Date of Birth:
        8. c. Child's Place of Birth:
        9. d. Child's Sex:
        10. e. Child's Race:
        11. 3. On (Date) , I executed a surrender of my parental or guardianship rights to the child named in #2 to:
        12. a. Prospective Adoptive Parent(s)
        13. b. Licensed Child-Placing Agency
        14. c. Tennessee Department of Children's Services
        15. 4. The surrender was executed before: (Name of Judge or Officiant)
        16. 5. I hereby revoke the surrender of the above-named child.
        17. FURTHER, AFFIANT SAITH NOT.
        18. This day of , 20.
        19. Signature:  BiologicalLegalMother:
        20. BiologicalLegalFather:
        21. Legal Guardian:
        22. Sworn to and subscribed before me this day of , 20.
        23. This Revocation of Surrender was received by me on the day of , 20.
        24. Please Print:
        25. Signature:
        26. Judge or Officiant
  3. (c) A surrender or parental consent may be made or given to any prospective adoptive parent who has attained eighteen (18) years of age, the department, or a licensed child-placing agency in accordance with this section.
  4. (d)
    1. (1) A surrender that does not meet the requirements of subdivision (a)(2) is not valid.
    2. (2) A surrender may be made at any time prior to birth, but a surrender made prior to the birth of a child is not filed with the clerk of court until after the birth of the child and until the surrendering party or parties have filed a written reaffirmation of their desire to surrender the child, unless the surrender was executed in accordance with subsection (g). A surrender made prior to the birth of a child must be reaffirmed within three (3) calendar days of the birth of the child, except for a surrender executed in accordance with subsection (g).
    3. (3) A surrender is not valid unless made after the earlier of discharge from a hospital or other birthing facility or forty-eight (48) hours following the child's birth; provided, that the court may, for good cause shown, which is entered in an order in the minute book of the court, waive this waiting period.
    4. (4) A surrender is not valid if the surrendering party states a desire to receive legal or social counseling until the request is satisfied or withdrawn.
    5. (5) Unless the surrender is made to the physical custodian or unless the exceptions of subdivision (d)(6) otherwise apply, a surrender is not sufficient to make a child available for adoption in any situation where another person or persons, the department, a licensed child-placing agency, or other child-caring agency in this state or any state, territory, or foreign country is exercising the right to physical custody of the child under a current court order at the time the surrender is sought to be executed, or when those persons or entities have any currently valid statutory authorization for custody of the child.
    6. (6) No surrender shall be valid unless the person or persons or entity to whom or to which the child is surrendered or parental consent is given:
      1. (A) Has, at a minimum, physical custody of the child;
      2. (B) Will receive physical custody of the child from the surrendering parent or guardian within five (5) days of the surrender;
      3. (C) Has the right to receive physical custody of the child upon the child's release from a health care facility; or
      4. (D) Has a sworn, written statement from the person, the department, the licensed child-placing agency, or child-caring agency that has physical custody pursuant to subdivision (d)(5), which waives the rights pursuant to that subdivision (d)(5).
  5. (e) The commissioner, or the commissioner's authorized representatives, or a licensed child-placing agency, through its authorized representatives, may accept the surrender of a child and they shall be vested with guardianship or partial guardianship of the child in accordance with this section and § 36-1-102; provided, that the department or any licensed child-placing agency may refuse to accept the surrender of any child.
  6. (f) In any surrender proceeding, the court or other person authorized herein to conduct a surrender proceeding, and when a parental consent is executed in the adoption petition, the court shall require that the person or persons surrendering the child for adoption or the person or persons giving consent and the person or persons accepting the child through the surrender or receiving parental consent to satisfactorily prove their identities before the surrender is executed or the parental consent is accepted. No surrender or parental consent may be executed in any form in which the identities of the person or persons executing the surrender or parental consent or the person or persons or agencies receiving the surrender or the identity of the child whose name is known are left blank or in any form in which those persons, the child, or agencies are given pseudonyms on the form or in the petition at the time of the execution of the surrender or parental consent.
  7. (g) In cases where the person executing the surrender resides in another state or territory of the United States, the surrender may be made in accordance with the laws of such state or territory or may be made before the judge or chancellor of any court of record or before the clerk of any court of record of such state or territory and such surrender shall be valid for use in adoptions in this state.
  8. (h) In cases where the surrendering person using the Tennessee form of surrender or the form provided by applicable law resides or is temporarily in a foreign country, the surrender may be made before any officer of the United States armed forces authorized to administer oaths, or before any officer of the United States foreign service authorized to administer oaths. A citizen of a foreign country may, in accordance with the law of the foreign country, execute a surrender of a child that states that all parental rights of that person are being terminated or relinquished by the execution of the document or that the child is being given to an agency or other person for the purposes of adoption.
  9. (i) In cases where the person executing surrender is incarcerated in a state or federal penitentiary, the surrender may be executed before the warden or deputy warden of the penitentiary or a notary public.
  10. (j)
    1. (1) When a person executing a surrender is unable to read, read in the English language, see, or otherwise unable to review and comprehend the surrender form and attachments offered for the person's signature or provided on the person's behalf, the person shall be provided with appropriate and sufficient assistance to make the documents and attachments understandable to the person both before and during the surrender hearing. The accepting party shall be responsible for payment of the cost of such interpreter or assistance if the surrendering party requires such assistance.
    2. (2)
      1. (A) The court, or other persons authorized by this part to accept surrenders, shall personally verify under oath by the surrendering or consenting person who has provided the information required surrender or parental consent process pursuant to this part, that the parent or guardian agrees with the information provided in the forms and attachments and that such person does accept the surrender of the subject child.
      2. (B) The pre-surrender information forms for the birth parent and accepting party and all required attachments must be attached to the surrender or parental consent when the surrender and acceptance are executed and maintained with the surrender or parental consent form by the court or the court clerk, or person authorized by this part to accept surrenders, and transmitted to the department as otherwise required by this part.
    3. (3)
      1. (A) In all other respects, prior to the entry of an order confirming the parental consent, the court, or other persons authorized by this part to accept surrenders, shall:
        1. (i) Witness the actual act of surrender by witnessing the parent's or guardian's signature on the surrender form; or
        2. (ii) Confirm the parental consent by verifying the parent's answers to the questions required pursuant to subdivision (b)(4), and by witnessing the parent's signature on an affidavit acknowledging the parental consent.
      2. (B) The court may not accept any surrenders executed prior to its approval of the surrender that relinquish the parent's or guardian's rights, nor may it enter any orders confirming a parental consent, based upon any written statement of the parent agreeing to relinquish the parent's rights to the child, except as may be otherwise specifically provided by this part.
      3. (C) The execution of the surrender or parental consent shall occur in private in the chambers of the court or in another private area, and in the presence of the surrendering or consenting person's legal counsel if legal counsel has been requested by the surrendering or consenting person. In the discretion of the court or other person conducting the surrender or parental consent proceeding, the court's officer or other employee may be present.
    4. (4) For surrenders taken pursuant to subsection (g), (h) or (i), the information required by this part to be supplied by the prospective adoptive parents, the department, or a licensed child-placing agency and the acceptance of a surrender by the prospective adoptive parents or the department or the licensed child-placing agency may be made by affidavit contained with the Tennessee surrender forms.
  11. (k)
    1. (1) In the case of a surrender directly to prospective adoptive parents, if the person surrendering the child desires to have counseling prior to execution of the surrender and the child is being surrendered directly to the prospective adoptive parents, the prospective adoptive parents shall, if so requested by the surrendering person or persons, compensate a licensed child-placing agency, a licensed clinical social worker, or the department for such counseling, which must be completed before the surrender can be executed.
    2. (2) If the person surrendering the child states a desire to have legal counseling prior to or during the execution of a surrender directly to the prospective adoptive parents, the prospective adoptive parents shall, if so requested by the surrendering person or persons, compensate the attorney for such counseling sought, which must be completed before the surrender can be executed.
    3. (3) This subsection (k) shall also apply to the use of parental consents pursuant to § 36-1-117(g) prior to entry of the order of confirmation.
    4. (4) The payment of compensation by the prospective adoptive parents shall not establish any professional/client relationship between the prospective adoptive parents and the counselor or attorney providing services under subdivisions (k)(1) and (2).
    5. (5) The department shall, by rule, establish the form of the certification required by this section, including the counseling criteria that must be met with the surrendering parent as part of the certification.
  12. (l) Before the surrender is received and before an order of guardianship is entered based upon a parental consent, the person or persons to whom the child is to be surrendered or the persons to whom a parental consent is given, other than the department or a licensed child-placing agency, shall present with the surrender executed in this state or on a Tennessee form at the time of the execution of the surrender or before confirmation of a parental consent by the court, a court report based upon a currently effective or updated home study or preliminary home study conducted by a licensed child-placing agency, a licensed clinical social worker, or the department.
  13. (m)
    1. (1)
      1. (A) The person or persons executing the surrender and the person or persons, the local representative of the department or the local representative of the licensed child-placing agency to whom the child is surrendered shall receive certified copies of the original surrender from the clerk of the court immediately upon the conclusion of the surrender proceeding.
      2. (B) Costs of all certified copies provided under this subdivision (m)(1) shall be taxed only to the person or persons receiving the surrender, the department, or the licensed child-placing agency.
    2. (2)
      1. (A) The original of the surrender executed before the court shall be entered on a special docket for surrenders and shall be styled: “In Re: (Child's Name),” and shall be permanently filed by the court in a separate file designated for that purpose maintained by the judge, or the judge's court officer, who accepted the surrender and shall be confidential and shall not be inspected by anyone without the written approval of the court where the file is maintained or by a court of competent jurisdiction with domestic relations jurisdiction if the file is maintained elsewhere. There will be no court costs or litigation tax assessed for the surrender. Within five (5) days, a certified copy of the surrender shall be sent by the clerk or the court to the adoptions unit in the state office of the department in Nashville.
      2. (B)
        1. (i) The original of the surrender executed before the persons authorized under subsections (g) and (h), or, in out-of-state correctional facilities under subsection (i), shall be maintained in a separate file designated for that purpose, which shall be confidential and shall not be inspected by anyone else without the written approval of a court with domestic relations jurisdiction where the file is maintained.
        2. (ii) For surrenders executed under subsection (i) in federal and state correctional facilities in Tennessee, the original shall be filed in a secure file in the office of the warden, which shall not be open to inspection by any other person, and after ten (10) days from the date of the surrender, the original shall be sent to the adoptions unit in the state office of the department in Nashville and a copy shall be maintained by the warden.
    3. (3)
      1. (A) The clerk of the court, or the department as the case may be, upon request, shall send certified copies of the original surrender to:
        1. (i) The court where the adoption petition or where the petition to terminate parental rights is filed;
        2. (ii) A party who is petitioning for an adoption in cases where the child was not placed by the department or a licensed child-placing agency; provided, however, where the child was placed by the department or a licensed child-placing agency, the parties petitioning for an adoption or termination of parental rights are not entitled to copies of the surrenders made to the department or a licensed child-placing agency; and
        3. (iii) The department's county office or a licensed child-placing agency or licensed clinical social worker that or who is performing any service related to an adoption or that has intervened in an adoption proceeding.
      2. (B) Costs of providing certified copies under this subdivision (m)(3) may be taxed or charged to the person, the department, or the licensed child-placing agency that requests the certified copies, except where the department, the licensed child-placing agency, or licensed clinical social worker is responding to an order of reference from a court or where the department, licensed child-placing agency, or licensed clinical social worker is conducting any investigation related to the adoption or to the child's welfare.
  14. (n)
    1. (1) The party to whom the child is surrendered pursuant to subsection (g), (h) or (i) shall file a certified copy of the surrender of a child with the chancery, circuit, or juvenile court in Tennessee where the child or the prospective adoptive parents reside, or with the court in which an adoption petition is filed in Tennessee, within fifteen (15) days of the date the surrender is actually received, or within fifteen (15) days of the date the child or the person or persons to whom the child has been surrendered becomes a resident of this state, whichever is earlier.
    2. (2) The surrender filed pursuant to subdivision (n)(1) shall be recorded by the court and shall be processed by the clerk as required by subdivision (m)(2)(A).
    3. (3) In cases under subdivision (n)(1), where the child is in the legal custody of the department or a licensed child-placing agency, the surrender also may be filed in the chancery, circuit, or juvenile court or other court that had placed custody of the child with the department or the licensed child-placing agency.
    4. (4) In cases under subdivision (n)(1), and in accordance with subsection (o), the court shall enter such other orders for the guardianship and supervision of the child as may be necessary or required pursuant to this section or § 36-1-118.
  15. (o)
    1. (1)
      1. (A)
        1. (i) A surrender, a confirmed parental consent, or a waiver of interest executed in accordance with this part shall have the effect of terminating all rights as the parent or guardian to the child who is surrendered, for whom parental consent to adopt is given, or for whom a waiver of interest is executed. It shall terminate the responsibilities of the surrendering parent or guardian and the consenting parent. It shall terminate the responsibilities of the person executing a waiver of interest under this section for future child support or other future financial responsibilities pursuant to subsection (s) if the child is ultimately adopted; provided, that this shall not eliminate the responsibility of such parent or guardian for past child support arrearages or other financial obligations incurred for the care of such child prior to the execution of the surrender, parental consent, or waiver of interest; provided further, that the court may, with the consent of the parent or guardian, restore such rights and responsibilities, pursuant to § 36-1-118(d).
        2. (ii) If, after determining the surrender to be in the child's best interest, the department accepts a surrender of a child, who was previously placed for adoption by the department, from the child's adoptive parent or parents, the unrevoked surrender of such child shall terminate the responsibilities of the surrendering adoptive parent or parents for future child support or other future financial responsibilities; provided, that this shall not be construed to eliminate the responsibility of such parent or parents for past child support arrearages or other financial obligations incurred for the care of such child prior to the execution of the surrender; and provided further, that the court may, with the consent of the parent or parents, restore such rights and responsibilities pursuant to § 36-1-118(d).
      2. (B) Notwithstanding subdivision (o)(1)(A), a child who is surrendered, for whom a parental consent has been executed, or for whom a waiver of interest has been executed, shall be entitled to inherit from a parent who has surrendered the child or executed a parental consent or waiver of interest until the final order of adoption is entered.
    2. (2)
      1. (A) Unless prior court orders or statutory authorization establishes guardianship or custody in the person or entity to whom the surrender or parental consent is executed, the surrender or parental consent alone does not vest the person, persons or entities who or that receive it with the legal authority to have custody or guardianship or to make decisions for the child without the entry of an order of guardianship or partial guardianship as provided in subdivision (o)(6)(A) or as provided in § 36-1-116(f). The court accepting the surrender or the parental consent shall not enter any orders relative to the guardianship or custody of a child for whom guardianship or custody is already established under prior court orders or statutory authorization, except upon motion under subdivision (o)(4)(D) by the person, persons or entities to whom the surrender or parental consent is executed.
      2. (B) In order to preserve confidentiality, the court clerk or the court shall have a separate adoption order of guardianship minute book, which shall be kept locked and available for public view only upon written approval of the court.
    3. (3)
      1. (A) Except as provided in subdivisions (o)(2) and (4), a validly executed surrender shall confer jurisdiction of all matters pertaining to the child upon the court where the surrender is executed or filed until the filing of the adoption petition, at which time jurisdiction of all matters pertaining to the child shall transfer to the court where the adoption petition is filed; provided, that the jurisdiction of the juvenile court to adjudicate allegations concerning any delinquent, unruly, or truant acts of a child pursuant to title 37 shall not be suspended.
      2. (B) A waiver of interest does not confer jurisdiction over the child in any court nor does it permit the entry of any order of custody or guardianship based solely upon such waiver, but shall only permit a court to find that that person's parental rights, if any, are terminated.
    4. (4)
      1. (A) When, at the time the surrender or parental consent is executed, a prior court order is in effect that asserts that court's jurisdiction over the child who is the subject of the surrender or parental consent, the prior court order shall remain effective until, and only as permitted by this section, an alternate disposition for the child is made by the court where the surrender is executed or filed or until, and only as permitted by this section, an alternate disposition is made for the child on the basis of a termination of parental rights proceeding, or, as permitted by § 36-1-116, until an alternate disposition for the child is made by the court where the adoption petition is filed.
      2. (B) If the prior court order under subdivision (o)(4)(A) gives the right to legal and physical custody of the child to a person, the department, a licensed child-placing agency, or other child-caring agency, a surrender or parental consent by the parent or guardian to any other person, persons or entities shall be invalid as provided under subdivision (d)(5), and any purported surrender or parental consent to such other person or persons or entities shall not be recognized to grant standing to file a motion pursuant to subdivision (o)(6) and § 36-1-116(f)(3) to such other person or persons or entities who or that received the surrender or parental consent, and no order of guardianship or partial guardianship based upon that surrender or parental consent and motion shall be effective to deprive the existing legal or physical custodians under the court's prior order of legal or physical custody of that child. Any orders to the contrary shall be void and of no effect whatsoever.
      3. (C) If the court that has entered the prior custody order under subdivision (o)(4)(A) has subject matter jurisdiction to terminate parental or guardian rights at the time a surrender of the child who is the subject of that order is validly executed in another court pursuant to subdivision (o)(4)(D) or at the time a petition to terminate parental rights is filed pursuant to subdivision (o)(4)(E), it shall continue to have jurisdiction to complete any pending petitions to terminate parental or guardian rights that are filed prior to the execution of the surrender or prior to the filing of the petition to terminate parental rights in the other court pursuant to subdivision (o)(4)(E). The court shall not have jurisdiction to complete any pending petitions to terminate parental rights subsequent to the filing of a petition for adoption. The court may enter orders of guardianship pursuant to the termination of parental rights proceedings unless prior thereto an order of guardianship is entered by another court pursuant to subdivisions (o)(4)(D) and (E). Any orders of guardianship entered pursuant to subdivisions (o)(4)(D) and (E) or pursuant to § 36-1-116 shall have priority over the orders of guardianship entered pursuant to this subdivision (o)(4)(C); provided, that orders terminating parental rights entered pursuant to this subdivision (o)(4)(C) shall be effective to terminate parental rights.
      4. (D) If the person, persons or entities in subdivision (o)(4)(B) to whom the surrender is made have legal and physical custody of the child or the right to legal and physical custody of the child pursuant to a prior court order at the time the surrender is executed to them, any court with jurisdiction to receive a surrender may receive a surrender that is executed to them and shall have jurisdiction, upon their motion, to enter an order giving guardianship or partial guardianship to the person, persons or entities, and, notwithstanding subdivision (o)(4)(A), such order may make an alternate disposition for the child.
      5. (E) Notwithstanding subdivision (o)(4)(A), a person, the department, or a licensed child-placing agency that had custody of the child pursuant to a court's prior order, may file in any court with jurisdiction to terminate parental or guardian rights, and in which venue exists, any necessary petitions to terminate the remaining parental or guardian rights of any person or persons to the child, and if they have any subsequent orders of guardianship or partial guardianship based upon an executed surrender or a termination of parental rights from the other court of competent jurisdiction, they may place the child for adoption in accordance with those subsequent orders.
    5. (5) If multiple surrenders or parental consents are received with respect to the same child in different courts, subject to the restrictions of subdivisions (o)(2) and (4), the court that first receives a surrender or parental consent or in which the surrender is first filed pursuant to subsection (n), and that enters an order of guardianship or partial guardianship, shall have jurisdiction of the child and shall issue any necessary orders of reference required by this section. Any other court that receives a surrender or parental consent or in which a surrender or parental consent is filed pursuant to subsection (n) subsequent to the surrender shall, upon notification by the first court, send the original of the surrender or filed pleading to the first court and shall retain a certified copy of the original in a closed file, which shall not be accessed by any person without the written order of the court.
    6. (6)
      1. (A) Subject to the restrictions of subdivisions (o)(2) and (4), a validly executed surrender under this section or a parental consent shall give to the person to whom the child is surrendered or to whom a parental consent is given standing to file a written motion for an express order of guardianship or partial guardianship, as defined in § 36-1-102, from the court where the child was surrendered or where, under subsection (n), the surrender was filed, or in the court that, pursuant to subdivision (o)(4)(A), has granted legal custody of the child to such person, or in the court in which the adoption petition is filed. A validly executed surrender shall entitle the department or the licensed child-placing agency that received the surrender to have the court enter an order of guardianship pursuant to subdivision (o)(6)(C).
      2. (B) The motion, which may be filed by any person or by that person's attorney, shall contain an affidavit that the party seeking the order of guardianship or partial guardianship has physical custody of the child, or if filed at the time of the execution of the surrender or the filing of the adoption petition containing a parental consent, it shall contain the affidavits otherwise required by subdivision (d)(6).
      3. (C) If the person, the department, or the licensed child-placing agency to whom the child is surrendered or to whom parental consent is given, has physical custody or has otherwise complied with subdivision (d)(6), and if there has been full compliance with the other provisions of this section, then the court shall, contemporaneously with the surrender or the filing of an adoption petition, immediately upon written motion by the person or the person's attorney, or by the department or the licensed child-placing agency, enter an order giving the person, the licensed child-placing agency, or the department guardianship or partial guardianship of the child.
      4. (D) A copy of the surrender, the motion and any resulting order shall be sent by the clerk to the adoptions unit in the state office of the department in Nashville, which shall record the surrender, the motion, and the order and their dates of filing and entry for purposes of tracking the child's placement status and the status of the adoption process involving the child.
    7. (7) If an order of guardianship is entered, the appointed guardians shall have authority to act as guardian ad litem or next friend of the child in any suit by the child against third parties while the child is in the care and custody of the petitioners. The court may appoint a special guardian for the child for such purpose upon motion by the department for a child in its guardianship.
    8. (8) If the court grants guardianship or custody of the child upon the filing of the surrender or upon the filing of a parental consent and the child is possessed of any real or personal property to be administered, the court shall appoint a guardian of the property of the child if no guardian of the property exists, and such guardian may be the same person or persons who are guardians of the person of the child except if the child is in the guardianship of the department in which case another person or entity shall be appointed.
  16. (p)
    1. (1) Upon filing a parental consent for an adoption by a person other than a related person, and if no home study had been completed or updated within six (6) months prior to the surrender or the filing of a parental consent, and no court report based upon the home study has been filed with the court, the court shall, by an order of reference issued within five (5) days, direct that a home study be conducted and filed as provided in this part.
    2. (2) The order of reference shall be directed to a licensed child-placing agency or a licensed clinical social worker unless the prospective adoptive parents are indigent under current federal poverty guidelines, in which case the order shall be directed to the department.
    3. (3) The court report based upon the home study shall be filed with the court within sixty (60) days of the date of the order of reference.
    4. (4) The court shall order a licensed child-placing agency, a licensed clinical social worker, or the department, if the parents are indigent under federal poverty guidelines, to provide supervision for the child who is in the home of prospective adoptive parents pursuant to a surrender or a parental consent under this section, and to make any necessary court reports that the court should have concerning the welfare of the child pending entry of the final order in the case; provided, that this subdivision (p)(4) shall not apply when the surrender is made to related persons.
    5. (5) If the adoption petition is filed before the home study is completed or before the court report based upon the home study is filed, and the adoption petition is filed in a court other than the one where the surrender was executed, the court where the surrender was executed shall, upon request of the court where the adoption petition is filed or upon motion of the prospective adoptive parents, send any court report it receives to the adoption court.
    6. (6) Unless they are indigent under federal poverty guidelines, the prospective adoptive parents shall be assessed by the court the costs of the study and the supervision of the placement by the agency, and the costs shall be paid by them to the licensed child-placing agency or licensed clinical social worker that performed the home study or supervision.
  17. (q)
    1. (1) Failure to fully comply with this section or failure to file the surrender executed pursuant to subsection (g), (h) or (i) within the fifteen-day period required by subsection (n), or failure to obtain an order of guardianship in accordance with this section within thirty (30) days of the date the surrender is executed or filed, or within thirty (30) days of the date parental consent is filed, shall be grounds for removal of the child from the physical care and control of the person, the department, or licensed child-placing agency receiving the surrender; provided, that this shall not apply when the persons, the department or the licensed child-placing agency have legal custody or partial guardianship under an order of a court entered prior to the execution of the surrender or parental consent or pursuant to any statutory authority giving custody to the department or licensed child-placing agency.
    2. (2) A sworn complaint concerning the grounds alleged in subdivision (q)(1) and concerning the best interests of a child for whom a surrender is sought or on whom a surrender or parental consent was executed or guardianship order entered, or which complaint otherwise seeks to present proof concerning the best interests of the child, may be filed by any person, the department, a licensed child-placing agency, or a licensed clinical social worker.
    3. (3) The complaint may be filed in the court where the surrender was executed or filed or where the adoption petition containing a parental consent was filed. If the surrender was not executed or filed in Tennessee or if the surrender was not executed before a court or if the surrender was not filed at all, then the complaint may be filed in the circuit, chancery, or juvenile court in the county where the child resides.
  18. (r)
    1. (1)
      1. (A) Upon its own motion or upon the complaint filed pursuant to subsection (q) and subject to the restrictions concerning custody of the child who is not in the custody of the prospective adoptive parents as stated in subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court receiving the surrender or entering the order of guardianship or partial guardianship and the adoption court to which jurisdiction may be transferred may make any suitable provisions for the care of the child and, notwithstanding the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court shall have jurisdiction to enter any necessary orders, including any emergency ex parte orders for the child's emergency protection, care, and supervision based upon probable cause that the child's health and safety is immediately endangered; provided, that such emergency orders shall only remain effective for thirty (30) days when the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1) apply.
      2. (B) If another court has jurisdiction under a prior order because of such restrictions, upon completion of all proceedings to protect the child, the court shall then return all jurisdiction over the child to the court having jurisdiction under the prior order; provided, that the juvenile court shall maintain jurisdiction pursuant to title 37 to adjudicate allegations of delinquency, unruliness, or truancy involving the child.
      3. (C) If the child has no legal custodian with authority to provide temporary care for the child, then, subject to the restrictions of subdivisions (o)(2) and (4) and § 36-1-116(f)(1), the court shall give temporary legal custody pursuant to § 37-1-140 to the department or a licensed child-placing agency until full compliance has been effected and until a guardianship or partial guardianship order can be entered, or until some other disposition is made for the child by the court. The court may permit the department or a licensed child-placing agency, in its discretion, to place the child with any suitable person, including the prospective adoptive parents, under the department's or the licensed child-placing agency's supervision.
      4. (D) If an emergency ex parte order removes the child from the custody of the prospective adoptive parents or the department or licensed child-placing agency, a preliminary hearing shall be held within five (5) days, excluding Saturdays, Sundays, and legal holidays, to determine if probable cause exists for the continuance of such order.
    2. (2) The prospective adoptive parents or entities from which the child was removed shall be necessary parties at the preliminary hearing and the final hearing, and the court may order the department or a licensed child-placing agency or licensed clinical social worker to provide any necessary information or court reports concerning the welfare of the child as it may require.
    3. (3) A final hearing shall be held within thirty (30) days of the date of the preliminary hearing, except for good cause entered upon the record.
    4. (4) Upon the final hearing, and based upon clear and convincing evidence that the action is in the best interests of the child, if no other court is presently exercising adoption jurisdiction, then the surrender court has jurisdiction to enter an order removing the child from the prospective adoptive parents or other custodian or guardian of the child, and may award temporary legal custody giving any person, the department, or licensed child-placing agency, or a child-caring agency, the care and custody of the child as provided under § 37-1-140, or may enter a guardianship or partial guardianship order with the rights provided under this part, all subject to the rights of any remaining parent or guardian.
  19. (s)
    1. (1) Notwithstanding any other law to the contrary, a waiver of interest and notice, when signed under oath by the alleged biological father, shall serve to waive the alleged biological father's interest in the child and the alleged biological father's rights to notice of any proceedings with respect to the child's adoption, custody or guardianship. The alleged biological father who executes the waiver shall not be required to be made a party to any adoption proceedings, custody or guardianship proceedings with respect to the child and shall not be entitled to receive notice thereof, and the court in any adoption proceeding, notwithstanding any law to the contrary, shall have jurisdiction to enter a final order of adoption of the child based upon the waiver, and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. The waiver may not be revoked.
    2. (2)
      1. (A) The execution of the waiver, in conjunction with a final order of adoption of the child, shall irrevocably terminate all rights the alleged biological father has or may have to the child and any rights the child has or may have relative to the alleged biological father. Upon entry of a final order of adoption of the child, the waiver, except as provided in subdivision (s)(2)(B), shall also terminate the responsibility of the alleged biological father for any future child support or other financial obligations to the child, or to the child's mother that are related to the child's support, arising after the date of the execution of the waiver.
      2. (B) If, after execution of the waiver, a final order of adoption is not entered, and a parentage action is initiated against the alleged biological father or the alleged biological father executes a voluntary acknowledgment of paternity, the alleged biological father shall become liable for child support or other financial obligations to the child, or to the child's mother that are related to the child's support, arising after the execution of the waiver and beginning with the date of the entry of an order establishing the biological father's parentage to the child or upon the date of the biological father's execution of a voluntary acknowledgment of paternity; provided, if paternity is later established, the alleged biological father who executed the waiver shall be liable for all or a portion of the actual medical and hospital expenses of the child's birth and all or a portion of the mother's prenatal and postnatal care up to thirty (30) days following the child's birth if the parentage action is initiated or the voluntary acknowledgment of paternity is executed within two (2) years of the date of the execution of the waiver.
    3. (3) The waiver shall not be valid for use by a legal father as defined under § 36-1-102 or for any man listed as the father of a child on the child's birth certificate.
    4. (4) The waiver of interest and notice may be executed at any time after the biological mother executes a statement identifying such person as the biological father or possible biological father of the biological mother's child to be born, or at any time after the birth of the child.
    5. (5) The waiver of interest and notice shall be legally sufficient if it contains a statement comparable to the following:
  20. (t)
    1. (1) Notwithstanding any other law to the contrary, a denial of paternity and notice of a child, when signed under oath by the child's legal father claiming not to be the child's biological father, who is not the child's adoptive father, and when accompanied by credible proof that the legal father is not the father of the child, shall waive the legal father's parental rights and all parental interests with respect to the child. No further notice to the legal father or termination of the legal father's parental rights is necessary for the child to be placed in guardianship or adopted. “Credible proof” includes the written sworn statement of the child's mother.
    2. (2) The parental rights of a man denying paternity of a child are terminated and the man's future parental responsibilities with respect to the child are terminated upon adoption of the child by other persons.
    3. (3) The denial of paternity and notice shall not be valid for use by a legal father who is also a biological parent as defined in § 36-1-102.
    4. (4) A denial of paternity and notice under this section may be executed at any time after conception of the child who is the subject of the denial, and may not be revoked by the father unless the adoption plan is abandoned. A father who executes a denial of paternity and notice under this section relinquishes any right to petition to have the father's legal or biological relationship to the child determined by a court.
    5. (5) The denial of paternity and notice shall be legally sufficient if it contains a statement comparable to the following:
      1. DENIAL OF PATERNITY AND NOTICE BY A LEGAL FATHER
      2. STATE OF
      3. COUNTY OF
    6. Pursuant to Tennessee Code Annotated § 36-1-111(t), and first being duly sworn according to law, affiant would state the following:
      1. My name is . I am personally acquainted with , the biological mother of , a child [to be born], or a child [who was born] in (City) (State) on the day of , 20 .
      2. I am or I have been told that I am or may be the presumed and/or legal father of the above-named child.
      3. <strong>I AM CERTAIN THAT I AM NOT THE BIOLOGICAL FATHER OF THIS CHILD.</strong>
      4. I understand that the mother has placed or wishes to place this child for adoption, or that the child is the subject of legal proceedings leading to the child's adoption, or leading to a determination of the child's legal custody or guardianship. I do not want custody of this child. I either agree with an adoption plan or I do not wish to be involved in the decision.
      5. <strong>I HEREBY WAIVE MY PARENTAL RIGHTS TO THIS CHILD, IF I HAVE ANY RIGHTS, AND I WANT MY PARENTAL RIGHTS, IF ANY, TO BE TERMINATED WITHOUT FURTHER ACTION BY, OR NOTICE TO, ME.</strong>
      6. I formally waive my rights to notice of legal proceedings regarding the child including: adoption, custody, guardianship, and termination of other parents' rights and any other similar actions.
      7. I understand that by my execution of this Denial of Paternity and Notice, along with the finalization of the child's adoption, I will lose any right I may have to act as parent, to visit with, or otherwise be involved in this child's life. I also relinquish any right to petition to have my legal and biological relationship to this child determined by a court.
      8. <strong>I FURTHER UNDERSTAND THAT I MAY NOT REVOKE THIS DENIAL AT ANY TIME AFTER I SIGN IT.</strong>
      9. I also understand that while this denial is not revocable, it is not effective to terminate my parental rights or responsibilities unless or until an adoption of the child is finalized. If the adoption is not finalized, I understand that I retain any rights that I otherwise had to rebut a presumption that I am the father of the child.
      10. FURTHER AFFIANT SAITH NOT this DAY OF , 20.
      11. Legal Father (Please Print)
      12. Signature of Legal Father
      13. Address
      14. City, State, Zip Code
      15. Personally appeared before me the above-named , who is known to me and who acknowledged that he executed the above Denial of Paternity and Notice as his own free and voluntary act.
  21. (u)
    1. (1) If a child is surrendered to a person other than a licensed child-placing agency or the department, and, after the expiration of the three-day period for revocation, the person or persons to whom the child was surrendered decide that they no longer wish to adopt the child, and if no order of guardianship has been entered by a court that gives those persons who had received the surrender the guardianship of the child, they may surrender the child to a licensed child-placing agency or the department without notice to the parent or guardians who originally had executed the surrender to them.
    2. (2) In this event, the licensed child-placing agency or the department shall have the same rights as set forth above just as if the child had been originally surrendered to them; provided, that if the court has entered a guardianship order as set forth above, the surrender cannot be utilized in this manner, and a motion must be made to the court to modify the existing guardianship order.
    3. (3) Certified copies of all such surrenders and orders modifying any order of guardianship shall be sent by the clerk to the adoptions unit in the state office of the department in Nashville.
§ 36-1-112. Revocation of surrender or parental consent — Form.
  1. (a)
    1. (1)
      1. (A) A person who executed a surrender may revoke the surrender at any time within three (3) calendar days of the date of the surrender. The three-day period shall be calculated using the method for computation of time established in the Tennessee Rules of Civil Procedure Rule 6.01.
      2. (B) The surrender shall be revoked by appearing before the judge who accepted the surrender or that judge's successor or substitute, or another judge of a court with jurisdiction to accept a surrender in the absence of the judge who accepted the surrender or that judge's successor or substitute, or by appearing before the person, or that person's successor, pursuant to § 36-1-111(g), (h) or (i) before whom the surrender was executed and by executing the revocation of surrender form.
      3. (C) The three-day period for revocation of the surrender shall not limit the court's authority to order the revocation of the surrender pursuant to § 36-1-118.
      4. (D) The revocation of the surrender shall be executed under oath by the parent or guardian who executed the surrender of the child, and the judge or other person who accepted the surrender or the judge's successor or substitute as indicated in subdivision (a)(1)(B) shall sign and date the revocation form.
      5. (E) In the event the person under § 36-1-111(g), (h) or (i) is unavailable or has no authorized successor, the person may apply to a court that is qualified to receive a surrender in Tennessee or a court with domestic relations jurisdiction in another state or country to execute the revocation before a judge of that court as provided herein.
      6. (F)
        1. (i) No surrender may be revoked by the person surrendering the child or set aside by a court after the expiration of the three-day period except as the surrender may be invalidated by court order entered pursuant to a timely filed complaint filed pursuant to subsection (c) or as permitted by order of the court entered pursuant to § 36-1-118.
        2. (ii) The execution of a revocation of a surrender within the three-day period shall be grounds for the dismissal of any adoption petition filed during that period and, upon motion of the person who revoked the surrender, the court shall dismiss the adoption petition without prejudice.
    2. (2)
      1. (A) A parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent by the court.
      2. (B) The parent who executed the parental consent shall appear before the judge of the court in which the adoption petition is filed, or in the judge's absence, the judge's successor or substitute or, if no successor or substitute, any judge or a court with jurisdiction to adjudicate adoption petitions, and shall execute a revocation of the parental consent.
  2. (b)
    1. (1) The court or person receiving the revocations shall maintain the originals in the office of the clerk or the office of the person receiving the surrender, together with the original of the surrender or adoption petition containing the parental consent, if available, and shall personally give or shall send by certified mail, return receipt requested, certified copies of the revocations to the child's parents, the prospective adoptive parents, the local office of the department, or a licensed child-placing agency to whom the child had been surrendered, and if the prospective adoptive parents are represented by counsel, a certified copy of the revocation shall be forwarded to such counsel.
    2. (2)
      1. (A) When the revocation is received, the court or the person before whom the revocation was executed shall attach a certified copy of the revocation to a certified copy of the surrender or petition for adoption containing the parental consent, and shall within three (3) days mail the copies of both documents by certified mail, return receipt requested, to the adoptions unit in the state office of the department in Nashville.
      2. (B) If the revocation must be executed before a court or person before whom the surrender was not executed or in which the adoption petition was not filed, the original of the revocation shall be sent within three (3) days to the court or person before whom the surrender was executed or in which the adoption petition was filed, and that court or person shall be responsible for sending the forms to the department and to the persons or agencies who are entitled to copies of the revocation.
      3. (C) The department shall record the revocation with the copies of the surrender or adoption petition containing the parental consent and the order of guardianship for purposes of tracking the adoptive placement status of the child.
  3. (c) After the revocation period has expired or after the court has entered an order confirming a parental consent, no surrender or waiver of interest or parental consent shall be set aside by a court except upon clear and convincing evidence of duress, fraud, intentional misrepresentation or for invalidity under § 36-1-111(d), and no surrender, waiver of interest, or parental consent may be set aside for any reason under this part unless the action based on these grounds is initiated within thirty (30) days of the execution of the surrender, waiver of interest or within thirty (30) days of the date of entry of the order of confirmation of the parental consent.
  4. (d)
    1. (1) A surrender or parental consent that is revoked shall have the effect of returning the child's legal status to that which existed before the surrender was executed, and the department, a licensed child-placing agency, or the person who or that had custody or guardianship of the child prior to the surrender pursuant to any parental status, prior court order or statutory authorization shall continue or resume custody or guardianship under that prior parental status, prior court order, or statutory authority, that had established the custodial or guardianship status of the child prior to the execution of the surrender or parental consent, unless a court of competent jurisdiction shall otherwise determine as specifically provided herein.
    2. (2)
      1. (A) Unless they had received or maintained custody or guardianship of the child pursuant to a court order entered or pursuant to statutory authority prior to the execution of the surrender or parental consent, the department, the licensed child-placing agency, or the person or persons to whom the child was surrendered and who has physical custody of the child, shall, within five (5) days of the receipt by such department, agency or person of the revocation, return the child to the child's parents or guardian who executed and revoked the surrender or parental consent; provided, that a sworn complaint may be filed in the court where the revocation was executed, or in the event that the surrender was executed before a person or court pursuant to § 36-1-111(g), (h) or (i), in the chancery, circuit, or juvenile court where the child resides in Tennessee, to show cause why the child would likely suffer immediate harm to the child's health and safety if returned to the child's parent or parents or guardian who had executed the surrender.
      2. (B) If a complaint is filed pursuant to subdivision (d)(2)(A), the child shall remain in the physical and/or legal custody or guardianship of the persons or agencies to whom the child was surrendered or with respect to whom the parental consent was executed until the court makes any further orders pursuant to this section, and those persons or agencies shall have authority to provide any necessary care and supervision of the child, subject to further orders of the court.
      3. (C)
        1. (i) The complaint filed under this subdivision (d)(2) shall name the parent or parents or guardian or guardians who executed and revoked the surrender or parental consent as defendant or defendants. Except for cause shown in an order entered on the record, the court shall hold a preliminary hearing within three (3) days of the filing of the petition to determine if there is probable cause to believe that the child will be subject to immediate harm to the child's health or safety if the child is returned to the child's parent or parents or guardian or guardians.
        2. (ii) If probable cause is not established in the preliminary hearing, the child shall be immediately returned to the child's parent or parents or guardian who executed the surrender that has been revoked.
        3. (iii) If probable cause is established, the court shall continue the child in the custody of the persons or the agency to whom the child was surrendered or with respect to whom a parental consent was executed, subject to further orders of the court, pending the final hearing.
        4. (iv) The court may make any necessary orders pending the final hearing for the protection of the child.
      4. (D) The case shall be set for a final hearing on the merits within thirty (30) days of the preliminary hearing except for cause shown in a written order of the court entered on the record.
      5. (E) Unless clear and convincing evidence at the final hearing shows that the child's safety and health would be in immediate danger if the child is returned or remains in the custody of the parent or guardian who executed the surrender or filed the parental consent, the complaint shall be dismissed. If the child was not returned to the parent at the preliminary hearing, the child shall be immediately returned to the child's parent or guardian who had executed the surrender or filed the parental consent.
    3. (3)
      1. (A) If no complaint is filed pursuant to subdivision (d)(2), the court where the surrender or parental consent was revoked shall enter any orders that are necessary to effect the return of the child to the parent or parents or guardian who had custody of the child prior to the execution of the surrender or prior to filing the parental consent, unless another person, the department, or a licensed child-placing agency had custody or guardianship of the child under a prior order entered before the execution of the surrender or filing of the parental consent, or that had custody or guardianship under statutory authorization prior to the execution of the surrender or parental consent that was revoked by that parent.
      2. (B) The court in which a surrender, revocation or parental consent is given or filed, or adoption court may not modify any prior custody or guardianship order that had given custody or guardianship of the child to the department, a licensed child-placing agency, or another person under a prior order or pursuant to any statutory authorization prior to the surrender or the filing of the parental consent, and if such order or statutory authority exists, the court's jurisdiction over the child shall terminate after the execution of the revocation of the surrender or parental consent, and the prior parental status, prior court order or prior statutory authority shall continue in effect; provided, that if for any reason, the agencies or persons who had prior custody or guardianship of the child are unable or unwilling to resume custody of the child, the court receiving the revocation shall be authorized to make a custody determination and award temporary custody of the child to any suitable person, the department, or a licensed child-placing agency with custodial authority pursuant to § 36-1-140, or it may make an order of guardianship or partial guardianship pursuant to § 36-1-102, with the right to adopt or consent to the child's adoption.
    4. (4) In the event that the surrender was executed before a person or court under § 36-1-111(g), (h) or (i), the chancery, circuit or juvenile court where the surrender was filed pursuant to § 36-1-111(n), or in the county where the child resides in Tennessee if the surrender has not been filed, shall have jurisdiction to enter orders in compliance with this subsection (d) to effect the child's return to the child's parent or parents or guardian or to provide for the child's custody or guardianship as permitted herein.
  5. (e) If the child is not returned to the child's parent or parents or guardian pursuant to subdivision (d)(2)(E), and unless the department, a licensed child-placing agency, or another person to whom the child was surrendered or to whom a parental consent was executed had custody or guardianship of the child pursuant to a court order entered prior to the filing of the surrender or the parental consent or pursuant to statutory authorization prior to the execution of the surrender or parental consent, the court where the revocation was executed shall have jurisdiction following a revocation of the surrender or parental consent to award temporary custody to any appropriate person, the department, or any other licensed child care agency, with the authority as legal custodian pursuant to § 37-1-140, or the court may award guardianship or partial guardianship pursuant to § 36-1-102 with the right to adopt or consent to the child's adoption.
  6. (f) The department or a licensed child-placing agency or licensed clinical social worker shall have the right to intervene in any complaint filed pursuant to subdivision (d)(2)(A) for the purpose of introducing proof as to the child's health and safety.
  7. (g) The court may reduce the three-day revocation period to a twenty-four-hour revocation period if the birth parent is represented by an attorney who is licensed to practice law in this state.
§ 36-1-113. Termination of parental or guardianship rights.
  1. (a) The chancery and circuit courts shall have concurrent jurisdiction with the juvenile court to terminate parental or guardianship rights to a child in a separate proceeding, or as a part of the adoption proceeding by utilizing any grounds for termination of parental or guardianship rights permitted in this part or in title 37, chapter 1, part 1 and title 37, chapter 2, part 4. All pleadings and records filed in the chancery and circuit courts pursuant to this section shall be placed under seal and shall not be subject to public disclosure, in the same manner as those filed in juvenile court, unless otherwise provided by court order.
  2. (b)
    1. (1) The prospective adoptive parent or parents, including extended family members caring for a related child, a licensed child-placing agency having physical custody of the child, the child's guardian ad litem, or the department have standing to file a petition pursuant to this part or title 37 to terminate parental or guardianship rights of a person alleged to be a parent or guardian of the child, pursuant to § 36-1-117(a). The prospective adoptive parents, including extended family members caring for a related child, have standing to request termination of parental or guardianship rights in the adoption petition filed by them pursuant to this part.
    2. (2)
      1. (A) When one (1) of the child's parents has been convicted of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, or rape of a child pursuant to § 39-13-522, from which crime the child was conceived, the child's other parent has standing to file a petition to terminate the parental rights of the convicted parent.
      2. (B) When one (1) of the child's parents has been convicted of one (1) of the offenses specified in subdivision (g)(11)(A)(ii), the child's other parent has standing to file a petition to terminate the parental rights of the abusive parent.
      3. (C) When one (1) of the child's parents or legal guardians has been convicted of attempted first degree murder or attempted second degree murder of the child's other parent or legal guardian, the child's non-offending parent or legal guardian has standing to file a petition to terminate the parental or guardianship rights of the convicted parent or legal guardian.
    3. (3) This section does not give a parent or legal guardian standing to file a petition to terminate parental or guardianship rights based on grounds other than those listed in subdivision (b)(2).
    4. (4) The court shall notify the petitioning parent that the duty of future child support by the parent who is the subject of the termination petition will be forever terminated by entry of an order terminating parental rights.
  3. (c) Termination of parental or guardianship rights must be based upon:
    1. (1) A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established; and
    2. (2) That termination of the parent's or guardian's rights is in the best interests of the child.
  4. (d)
    1. (1) The petition to terminate parental rights may be made upon information and belief and shall be verified. If a parent whose parental rights are proposed for termination is the legal parent of the child, as defined in § 36-1-102, and if such parent is alleged to be deceased, then diligent efforts must be made by the petitioner to verify the death of such parent. Upon proof satisfactory to the court that such parent is deceased, no further action shall be required to terminate parental rights of that person.
    2. (2)
      1. (A) The petition to terminate parental rights shall state:
        1. (i) The child's birth name;
        2. (ii) The child's age or date of birth;
        3. (iii) The child's current residence address or county of residence or that the child is in the custody of the department or a licensed child-placing agency;
        4. (iv) Any other facts that allege the basis for termination of parental rights and that bring the child and parties within the jurisdiction of the court;
        5. (v) Any notice required pursuant to subdivision (d)(4) has been given; and
        6. (vi) The medical and social history of the child and the child's biological family has been completed to the extent possible on the form promulgated by the department pursuant to § 36-1-111(j); provided, however, the absence of such completed information shall not be a barrier to termination of parental rights.
      2. (B) Initials or pseudonyms may be used in the petition in lieu of the full names of the petitioners to promote the safety of the petitioners or of the child, with permission of the court;
    3. (3)
      1. (A) The petition to terminate parental rights must state that:
        1. (i) The Tennessee putative father registry has been consulted prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; and a copy of the response to this inquiry shall be provided to the court immediately upon receipt by the petitioner; and
        2. (ii) Notice of the filing of the termination petition has been provided to the Tennessee putative father registry if the child is less than thirty (30) days old at the time the petition is filed.
      2. (B) The petition to terminate, or the adoption petition that seeks to terminate parental rights, shall state that:
        1. (i) The petition or request for termination in the adoption petition, if granted, shall have the effect of forever severing all of the rights, responsibilities, and obligations of the parent or parents or the guardian or guardians to the child who is the subject of the order, and of the child to the parent or parents or the guardian or guardians;
        2. (ii) The child will be placed in the guardianship of other person, persons or public or private agencies who, or that, as the case may be, shall have the right to adopt the child, or to place the child for adoption and to consent to the child's adoption; and
        3. (iii) The parent or guardian shall have no further right to notice of proceedings for the adoption of the child by other persons and that the parent or guardian shall have no right to object to the child's adoption or thereafter, at any time, to have any relationship, legal or otherwise, with the child, except as provided by contract pursuant to § 36-1-145.
    4. (4) The petition to terminate parental rights, if filed separately from the adoption petition, may be filed as provided in § 36-1-114. If the petition is filed in a court different from the court where there is a pending custody, dependency, neglect or abuse proceeding concerning a person whose parental rights are sought to be terminated in the petition, a notice of the filing of the petition, together with a copy of the petition, shall be sent by the petitioner to the court where the prior proceeding is pending. In addition, the petitioner filing a petition under this section shall comply with the requirements of § 36-1-117(e).
  5. (e) Service of process of the petition shall be made as provided in § 36-1-117.
  6. (f)
    1. (1) A parent or guardian who is incarcerated at the time the parent is served with a petition to terminate parental rights shall receive notice that:
      1. (A) A hearing will be held to determine whether the parent's rights will be terminated;
      2. (B) If the parent files a timely, written answer within thirty (30) days of service of the petition to terminate their parental rights, then:
        1. (i) The parent must receive advance notice of the time and place of the hearing;
        2. (ii) The parent has the right to participate in the hearing and to contest the allegation that the parent's rights should be terminated. At the discretion of the court, such participation may be achieved through personal appearance, teleconference, telecommunication, or other means deemed by the court to be appropriate under the circumstances;
        3. (iii) The parent may claim to be indigent and offer evidence of their financial circumstances and, if the court finds the parent to be indigent, the parent must be provided with a court-appointed attorney to assist the parent in contesting the termination of parental rights;
        4. (iv) The parent has the right to offer testimony and other evidence at the hearing by all means permitted by the Tennessee Rules of Civil Procedure; and
        5. (v) The parent has the continuing responsibility to update the court and petitioner's counsel with the parent's current contact information and mailing address promptly upon the parent's release from incarceration and upon any subsequent changes; and
      3. (C) The rights specified in subdivision (f)(1)(B) may be voluntarily waived by the parent's written or verbal statement or, if the court determines that the parent has waived the rights specified in subdivision (f)(1)(B), by the parent's action or inaction, including the failure to timely claim indigency or file an answer to the petition to terminate parental rights. If the court determines that the rights specified in subdivision (f)(1)(B) have been waived, then the court may hear and decide the petition without the parent's or guardian's participation.
    2. (2) If a parent or guardian was served with constructive notice and the petitioner did not know that the parent was incarcerated despite reasonable efforts to locate the parent, then the absence of this notice to the parent or guardian is not a basis to set aside the termination of parental rights or adoption.
  7. (g) Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The following grounds are cumulative and nonexclusive, so that listing conditions, acts or omissions in one ground does not prevent them from coming within another ground:
    1. (1) Abandonment by the parent or guardian, as defined in § 36-1-102, has occurred;
    2. (2) There has been substantial noncompliance by the parent or guardian with the statement of responsibilities in a permanency plan pursuant to title 37, chapter 2, part 4;
    3. (3)
      1. (A) The child has been removed from the home or the physical or legal custody of a parent or guardian for a period of six (6) months by a court order entered at any stage of proceedings in which a child is alleged to be a dependent and neglected child, and:
        1. (i) The conditions that led to the child's removal still persist, preventing the child's safe return to the care of the parent or guardian, or other conditions exist that, in all reasonable probability, would cause the child to be subjected to further abuse or neglect, preventing the child's safe return to the care of the parent or guardian;
        2. (ii) There is little likelihood that these conditions will be remedied at an early date so that the child can be safely returned to the parent or guardian in the near future; and
        3. (iii) The continuation of the parent or guardian and child relationship greatly diminishes the child's chances of early integration into a safe, stable, and permanent home;
      2. (B) The six (6) months must accrue on or before the first date the termination of parental rights petition is set to be heard;
    4. (4) Under a prior order of a court or by the court hearing the petition to terminate parental rights or the petition for adoption, a child has been found to be a victim of severe child abuse, as defined in § 37-1-102, and the parent or guardian has been found to have knowingly or with gross negligence either committed severe child abuse or failed to protect the child from severe child abuse.
    5. (5) The parent or guardian has been sentenced to more than two (2) years' imprisonment for conduct against a child that has been found under any prior order of a court or that is found by the court hearing the petition to be severe child abuse, as defined in § 37-1-102. Unless otherwise stated, for purposes of this subdivision (g)(5), “sentenced” shall not be construed to mean that the parent or guardian must have actually served more than two (2) years in confinement, but shall only be construed to mean that the court had imposed a sentence of more than two (2) years upon the parent or guardian;
    6. (6)
      1. (A) The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a sentence of ten (10) or more years, and the child is under eight (8) years of age at the time the sentence is entered by the court; or
      2. (B) The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of one (1) or more criminal acts, under a sentence of six (6) or more years, and one (1) or more other grounds within this subsection (g) have been satisfied;
    7. (7) The parent has been:
      1. (A) Convicted of first degree or second degree murder of the child's other parent or legal guardian; or
      2. (B) Found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian;
    8. (8)
      1. (A) The chancery and circuit courts shall have jurisdiction in an adoption proceeding, and the chancery, circuit, and juvenile courts shall have jurisdiction in a separate, independent proceeding conducted prior to an adoption proceeding to determine if the parent or guardian is mentally incompetent to provide for the further care and supervision of the child, and to terminate that parent's or guardian's rights to the child;
      2. (B) The court may terminate the parental or guardianship rights of that person if it determines on the basis of clear and convincing evidence that:
        1. (i) The parent or guardian of the child is incompetent to adequately provide for the further care and supervision of the child because the parent's or guardian's mental condition is presently so impaired and is so likely to remain so that it is unlikely that the parent or guardian will be able to assume or resume the care of and responsibility for the child in the near future; and
        2. (ii) That termination of parental or guardian rights is in the best interest of the child;
      3. (C) In the circumstances described under subdivisions (8)(A) and (B), no willfulness in the failure of the parent or guardian to establish the parent's or guardian's ability to care for the child need be shown to establish that the parental or guardianship rights should be terminated;
    9. (9)
      1. (A) Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The parental rights of a person who is not a legal parent at the time of the filing of a petition to terminate parental rights of such person, or if no such petition is filed, then at the time of the filing of a petition to adopt a child, is the putative father of the child, may also be terminated based upon any one (1) or more of the following additional grounds:
        1. (i) The person has failed, without good cause or excuse, to make reasonable and consistent payments for the support of the child in accordance with the child support guidelines promulgated by the department pursuant to § 36-5-101;
        2. (ii) The person has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation, as defined in § 36-1-102;
        3. (iii) The person has failed to manifest an ability and willingness to assume legal and physical custody of the child;
        4. (iv) Placing custody of the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child; or
        5. (v) The person has failed to file a petition to establish paternity of the child within thirty (30) days after notice of alleged paternity, or as required in § 36-2-318(j), or after making a claim of paternity pursuant to § 36-1-117(c)(2);
      2. (B)
        1. (i) For purposes of this subdivision (g)(9), “notice” means the written statement to a person who is believed to be the biological father or possible biological father of the child. The notice may be made or given by the mother, the department, a licensed child-placing agency, the prospective adoptive parents, a physical custodian of the child, or the legal counsel of any of these people or entities; provided, that actual notice of alleged paternity may be proven to have been given to a person by any means and by any person or entity. The notice may be made or given at any time after the child is conceived and, if not sooner, may include actual notice of a petition to terminate the putative father's parental rights with respect to the child;
        2. (ii) “Notice” also means the oral statement to an alleged biological father from a biological mother that the alleged biological father is believed to be the biological father, or possible biological father, of the biological mother's child;
      3. (C) For the purposes of this subdivision (g)(9), resuming or starting visitation or support after the filing of a petition seeking to terminate parental or guardianship rights or seeking the adoption of a child does not rectify a ground for termination pursuant to this subdivision (g)(9) and is not a defense to a ground for termination pursuant to this subdivision (g)(9);
    10. (10)
      1. (A) The parent has been convicted of one (1) of the following offenses from which the child was conceived:
        1. (i) Aggravated rape, pursuant to § 39-13-502;
        2. (ii) Rape, pursuant to § 39-13-503;
        3. (iii) Rape of a child, pursuant to § 39-13-522;
        4. (iv) Especially aggravated rape, pursuant to § 39-13-534; or
        5. (v) Especially aggravated rape of a child, pursuant to § 39-13-535; and
      2. (B) A certified copy of the conviction suffices to prove this ground;
    11. (11)
      1. (A)
        1. (i) The parent has been found to have committed severe child sexual abuse under any prior order of a criminal court;
        2. (ii) For the purposes of this section, “severe child sexual abuse” means the parent is convicted of any of the following offenses, or an offense under the laws of another state that is substantially similar, toward a child:
          1. (a) Aggravated child abuse and aggravated child neglect or endangerment, pursuant to § 39-15-402;
          2. (b) Aggravated rape of a child, pursuant to § 39-13-531;
          3. (c) Aggravated rape, pursuant to § 39-13-502;
          4. (d) Aggravated sexual battery, pursuant to § 39-13-504;
          5. (e) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004;
          6. (f) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005;
          7. (g) Incest, pursuant to § 39-15-302;
          8. (h) Promoting prostitution, pursuant to § 39-13-515;
          9. (i) Rape, pursuant to § 39-13-503;
          10. (j) Rape of a child, pursuant to § 39-13-522;
          11. (k) Sexual battery by an authority figure, pursuant to § 39-13-527;
          12. (l) Statutory rape by an authority figure, pursuant to § 39-13-532; or
          13. (m) Trafficking for a commercial sex act, pursuant to § 39-13-309;
      2. (B) [Deleted by 2022 amendment.]
    12. (12) The parent or guardian has been convicted of trafficking for commercial sex act under § 39-13-309, or an offense under the laws of another state that is substantially similar;
    13. (13) The parent or guardian has been convicted on or after July 1, 2015, of sex trafficking of children or by force, fraud, or coercion under 18 U.S.C. § 1591, or a sex trafficking of children offense under the laws of another state that is substantially similar to § 39-13-309;
    14. (14) A parent or guardian has failed to manifest, by act or omission, an ability and willingness to personally assume legal and physical custody or financial responsibility of the child, and placing the child in the person's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child;
    15. (15)
      1. (A) The parent or legal guardian has been convicted of attempted first degree murder or attempted second degree murder of the child's other parent or legal guardian; and
      2. (B) [Deleted by 2022 amendment.]
    16. (16) The court hearing the petition for termination of parental rights finds by clear and convincing evidence that:
      1. (A) The father engaged in an act of unlawful sexual penetration against the child's mother by which the child was conceived and the father:
        1. (i) Used force or coercion to accomplish the act;
        2. (ii) Accomplished the act without the consent of the mother of the child and the father knew or had reason to know at the time of penetration that the mother of the child did not consent;
        3. (iii) Knew or had reason to know that the mother of the child was mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult; or
        4. (iv) Accomplished the sexual penetration by fraud; or
      2. (B) The father engaged in an act against the child's mother that resulted in:
        1. (i) The child's conception; and
        2. (ii) The father's conviction for or plea of guilty to a criminal offense.
  8. (h)
    1. (1) The department shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, under the following circumstances:
      1. (A) In the case of a child who has been in foster care under the responsibility of the department for fifteen (15) of the most recent twenty-two (22) months;
      2. (B) If a court of competent jurisdiction has determined a child to be an abandoned infant as defined at § 36-1-102;
      3. (C) If a court of competent jurisdiction has made a determination in a criminal or civil proceeding that the parent has committed murder of a child, committed voluntary manslaughter of a child, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of a child, or committed a felony assault that has resulted in serious bodily injury or severe child abuse as defined at § 37-1-102 to a child. For the purposes of this subsection (h), such a determination shall be made by a jury or trial court judge designated by § 16-2-502 through an explicit finding, or by such equivalent courts of other states or of the United States;
      4. (D) If a juvenile court has made a finding of severe child abuse as defined in § 37-1-102, then a petition required by this subdivision (h)(1)(D) must be filed within ninety (90) days of the finding;
      5. (E) If a child has been in foster care under the responsibility of the department for six (6) months or more and the child's parents have not made reasonable progress toward obtaining custody of the child during the six-month period;
      6. (F) If two (2) or more of the grounds for termination of parental rights set out in subsection (g) apply to the child's parent; or
      7. (G) If a juvenile court has found there has been substantial noncompliance by the parent or guardian with a statement of responsibilities in a permanency plan in an order entered pursuant to § 37-2-409. The department must file a petition required by this subdivision (h)(1)(G) within ninety (90) days of the juvenile court's finding.
    2. (2) At the option of the department, the department may determine that a petition to terminate the parental rights of the child's parents shall not be filed (or, if such a petition has been filed by another party, shall not be required to seek to be joined as a party to the petition), if one of the following exists:
      1. (A) The child is being cared for by a relative;
      2. (B) The department has documented in the permanency plan, which shall be available for court review, a compelling reason for determining that filing such a petition would not be in the best interests of the child; or
      3. (C) The department has not made reasonable efforts under § 37-1-166 to provide to the family of the child, consistent with the time period in the department permanency plan, such services as the department deems necessary for the safe return of the child to the child's home.
  9. (i)
    1. (1) In determining whether termination of parental or guardianship rights is in the best interest of the child, the court shall consider all relevant and child-centered factors applicable to the particular case before the court. Those factors may include, but are not limited to, the following:
      1. (A) The effect a termination of parental rights will have on the child's critical need for stability and continuity of placement throughout the child's minority;
      2. (B) The effect a change of caretakers and physical environment is likely to have on the child's emotional, psychological, and medical condition;
      3. (C) Whether the parent has demonstrated continuity and stability in meeting the child's basic material, educational, housing, and safety needs;
      4. (D) Whether the parent and child have a secure and healthy parental attachment, and if not, whether there is a reasonable expectation that the parent can create such attachment;
      5. (E) Whether the parent has maintained regular visitation or other contact with the child and used the visitation or other contact to cultivate a positive relationship with the child;
      6. (F) Whether the child is fearful of living in the parent's home;
      7. (G) Whether the parent, parent's home, or others in the parent's household trigger or exacerbate the child's experience of trauma or post-traumatic symptoms;
      8. (H) Whether the child has created a healthy parental attachment with another person or persons in the absence of the parent;
      9. (I) Whether the child has emotionally significant relationships with persons other than parents and caregivers, including biological or foster siblings, and the likely impact of various available outcomes on these relationships and the child's access to information about the child's heritage;
      10. (J) Whether the parent has demonstrated such a lasting adjustment of circumstances, conduct, or conditions to make it safe and beneficial for the child to be in the home of the parent, including consideration of whether there is criminal activity in the home or by the parent, or the use of alcohol, controlled substances, or controlled substance analogues which may render the parent unable to consistently care for the child in a safe and stable manner;
      11. (K) Whether the parent has taken advantage of available programs, services, or community resources to assist in making a lasting adjustment of circumstances, conduct, or conditions;
      12. (L) Whether the department has made reasonable efforts to assist the parent in making a lasting adjustment in cases where the child is in the custody of the department;
      13. (M) Whether the parent has demonstrated a sense of urgency in establishing paternity of the child, seeking custody of the child, or addressing the circumstance, conduct, or conditions that made an award of custody unsafe and not in the child's best interest;
      14. (N) Whether the parent, or other person residing with or frequenting the home of the parent, has shown brutality or physical, sexual, emotional, or psychological abuse or neglect toward the child or any other child or adult;
      15. (O) Whether the parent has ever provided safe and stable care for the child or any other child;
      16. (P) Whether the parent has demonstrated an understanding of the basic and specific needs required for the child to thrive;
      17. (Q) Whether the parent has demonstrated the ability and commitment to creating and maintaining a home that meets the child's basic and specific needs and in which the child can thrive;
      18. (R) Whether the physical environment of the parent's home is healthy and safe for the child;
      19. (S) Whether the parent has consistently provided more than token financial support for the child; and
      20. (T) Whether the mental or emotional fitness of the parent would be detrimental to the child or prevent the parent from consistently and effectively providing safe and stable care and supervision of the child.
    2. (2) When considering the factors set forth in subdivision (i)(1), the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest.
    3. (3) All factors considered by the court to be applicable to a particular case must be identified and supported by specific findings of fact in the court's written order.
    4. (4) Expert testimony is not required to prove or disprove any factor by any party.
    5. (5) As used in this subsection (i), “parent” includes guardian.
  10. (j) In the hearing on the petition, the circuit, chancery, or juvenile court shall admit evidence, pursuant to the Tennessee Rules of Evidence, and shall recognize the exemptions to privileges as provided pursuant to §§ 37-1-411 and 37-1-614.
  11. (k) The court shall ensure that the hearing on the petition takes place within six (6) months of the date that the petition is filed, unless the court determines an extension is in the best interest of the child. The court shall provide a ruling on the petition within thirty (30) days of the conclusion of the hearing and shall enter an order that makes specific findings of fact and conclusions of law within thirty (30) days of the ruling. If an order has not been entered within thirty (30) days from the court's ruling, then the petitioner or respondent has grounds to request that the court of appeals grant an order expediting entry of the order. A termination of parental rights and a finalization of an adoption may be heard and decided in the same hearing if the court determines it is in the best interest of the child.
  12. (l)
    1. (1) An order terminating parental rights shall have the effect of severing forever all legal rights and obligations of the parent or guardian of the child against whom the order of termination is entered and of the child who is the subject of the petition to that parent or guardian. The parent or guardian shall have no further right to notice of proceedings for the adoption of that child by other persons and shall have no right to object to the child's adoption or thereafter to have any relationship, legal or otherwise, with the child. It shall terminate the responsibilities of that parent or guardian under this section for future child support or other future financial responsibilities even if the child is not ultimately adopted; provided, that the entry of an order terminating the parental rights shall not eliminate the responsibility of such parent or guardian for past child support arrearages or other financial obligations incurred for the care of such child prior to the entry of the order terminating parental rights.
    2. (2) Notwithstanding subdivision (<em>l</em>)(1), a child who is the subject of the order for termination shall be entitled to inherit from a parent whose rights are terminated until the final order of adoption is entered.
  13. (m) Upon termination of parental or guardian rights, the court may award guardianship or partial guardianship of the child to a licensed child-placing agency or the department. Such guardianship shall include the right to place the child for adoption and the right to consent to the child's adoption. Upon termination of parental or guardian rights, the court may award guardianship or partial guardianship to any prospective adoptive parent or parents with the right to adopt the child, or to any permanent guardian who has been appointed pursuant to title 37, chapter 1, part 8. In any of these cases, such guardianship is subject to the remaining rights, if any, of any other parent or guardian of the child. Before guardianship or partial guardianship can be awarded to a permanent guardian, the court shall find that the department or licensed child-placing agency currently having custody of the child has made reasonable efforts to place the child for adoption and that permanent guardianship is in the best interest of the child.
  14. (n) An order of guardianship or partial guardianship entered by the court pursuant to this section shall supersede prior orders of custody or guardianship of that court and of other courts, except those prior orders of guardianship or partial guardianship of other courts entered as the result of validly executed surrenders or revocations pursuant to § 36-1-111 or § 36-1-112, or except as provided pursuant to § 36-1-111(o)(4)(D) and (E), or except an order of guardianship or partial guardianship of a court entered pursuant to § 36-1-116; provided, that orders terminating parental rights entered by a court under this section prior to the filing of an adoption petition shall be effective to terminate parental rights for all purposes.
  15. (o) If the court terminates parental or guardianship rights, under this part or title 37 or a consent is given pursuant to § 36-1-117(f) or (g), or if there have been surrenders of parental or guardianship rights of all other necessary parties, then no further surrender or consent of that parent or guardian shall be necessary to authorize an adoption; provided, that the adoption court may review and confirm the validity of any denials of parentage made by persons under any statutory provisions from outside the state of Tennessee.
  16. (p) A copy of the order or orders obtained by the prospective adoptive parents terminating parental or guardianship rights under this section shall be filed with the petition for adoption.
  17. (q) After the entry of the order terminating parental rights, no party to the proceeding, nor anyone claiming under such party, may later question the validity of the termination proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound thereby, except based upon a timely appeal of the termination order as may be allowed by law; and in no event, for any reason, shall a termination of parental rights be overturned by any court or collaterally attacked by any person or entity after one (1) year from the date of the entry of the final order of termination. This provision is intended as a statute of repose.
  18. (r) The disability of a parent or guardian alone shall not be considered for or against termination of parental or guardian rights unless the disability impacts the parent's ability to care for the physical or psychological welfare of the child.
  19. (s) For the purposes of all grounds for termination of parental rights described in subsection (g), a person is presumed to have knowledge that sexual activity leads to pregnancy. An adult has an affirmative obligation to inquire whether their sexual activity has resulted in a pregnancy, and a minor has such obligation upon attaining eighteen (18) years of age regardless of when the sexual activity occurred. A lack of specific knowledge of a pregnancy or birth of a child does not serve as a defense to a ground for termination of parental rights if the person failed to inquire, or failed to attempt to inquire, whether the person's actions resulted in pregnancy or the birth of a child.
§ 36-1-114. Venue.
  1. (a) The termination petition may be filed in the county:
    1. (1) Where the petitioners reside;
    2. (2) Where the child resides;
    3. (3) Where, at the time the petition is filed, any respondent resides;
    4. (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part;
    5. (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
    6. (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
  2. (b) The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6).
§ 36-1-115. Persons eligible to file adoption petition — Residence requirements — Preference for foster parents.
  1. (a) Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed.
  2. (b) The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child.
  3. (c) If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child.
  4. (d) The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption is filed. Nonresidents may also file a petition to adopt a child in this state if they file the petition in the county where a court granted the nonresidents, a licensed child-placing agency, or the department of children's services partial or complete guardianship or legal custody of the child, or where the child was placed in the legal custody of the licensed child-placing agency or the department of children's services.
  5. (e) If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military.
  6. (f) [Deleted by 2023 amendment.]
  7. (g)
    1. (1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition.
    2. (2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part.
§ 36-1-116. Home study — Adoption petition — Order of reference.
  1. (a)
    1. (1) Prior to filing a petition for the adoption of a child, the prospective adoptive parents shall, except as otherwise provided by law, contact a licensed child-placing agency, or a licensed clinical social worker, or if indigent under federal poverty guidelines, they shall, except as otherwise provided by law, contact the department, and request a home study or a preliminary home study concerning the suitability of their home and themselves as adoptive parents; provided, that the court may waive this requirement when the child is to be adopted by related persons.
    2. (2) To be valid for use in response to the order of reference issued pursuant to subsection (e), the home study must have been completed or updated within one (1) year prior to the date of the order of reference. The preliminary home study must have been completed within thirty (30) days prior to the filing of the petition.
    3. (3) The department must accept a home study performed by a licensed child-placing agency or licensed clinical social worker within the previous two (2) years, and shall not require a prospective adoptive parent who has had a valid home study completed by a licensed child-placing agency or licensed clinical social worker to undergo an additional home study by the department in order to adopt a child who is in the custody of the department unless there have been subsequent changes to the circumstances of the household.
  2. (b) The petition to adopt may be made upon information and belief, shall be verified, and must state:
    1. (1) The full name of the petitioners; however, initials or a pseudonym may be used to promote the safety of the petitioners or of the child, with permission of the court;
    2. (2) The name used for the child in the proceeding. In the petition or other orders related to the custody of the child and the final order of adoption, and in all other documents related to the case, the name selected by the petitioner as the name for the child may be used as the true and legal name of the child, and the original name of the child shall not be necessary. Only in the court report required by law on the investigation of the conditions and antecedents of the child sought to be adopted and on the form requesting the new certificate of birth by adoption shall the original name of the child given by the biological or prior legal parent or parents be necessary;
    3. (3) The birth date, state, and county or country of birth of the child, if known;
    4. (4) The information necessary to show that the court to which the petition is addressed has jurisdiction;
    5. (5) That the petitioners have physical custody of the child or that they meet the requirements of § 36-1-111(d)(6), and from what person or agency such custody was or is to be obtained;
    6. (6) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child;
    7. (7) The desire of the petitioners, if they have such, that the name of the child be changed, together with the new name desired;
    8. (8) The value of the personal and real property owned by the child or in which the child may have some legal or equitable interest;
    9. (9) That the petitioners are fit persons to have the care and custody of the child and that it is in the best interest of the child for this adoption to occur;
    10. (10) That the petitioners are financially able to provide for the child;
    11. (11) That there has been full compliance with the law in regard to surrender of the child to the petitioners, or termination of parental or guardianship rights, or consent to the adoption of the child by the agency with rights to place a child for adoption, or that the petitioner intends to effect compliance with the requirements for termination of parental or guardianship rights or parental consents as part of the adoption proceeding, and how such compliance will be effected. A copy of any orders obtained by the prospective adoptive parents terminating parental or guardianship rights and copies of any surrenders that were executed to the prospective adoptive parents shall be filed with the petition;
    12. (12)
      1. (A) Whether the biological parent is giving parental consent for the adoption of the child as defined pursuant to § 36-1-102 and as executed pursuant to § 36-1-117(g), or that the parent is signing the petition pursuant to § 36-1-117(f) and that the parent understands that the child will be adopted by the relatives or stepparent of the child and that, in the case of the adoption by relatives, the parent will have no legal rights to the custody, control, or to visitation with the child in the future;
      2. (B) In the case of a parental consent pursuant to § 36-1-102 and § 36-1-117(g), the petition must state that the parent understands that the entry of an order confirming the parental consent, without revoking the parental consent prior to the entry of such order, will terminate that parent's parental rights to the child forever and that the parent will have no legal rights to the custody, control, or to visitation with the child in the future;
      3. (C) When a parent uses the procedure for a consent in the adoption of an unrelated child the parent shall also complete the information form from § 36-1-111(b)(4) no later than when the petition is signed and such form shall be filed with the court. In order to confirm a parental consent in the adoption of an unrelated child, the surrender form provided at § 36-1-111(b)(2) shall be modified to reflect applicable law and executed by the same procedure provided for execution of a surrender;
    13. (13)
      1. (A)
        1. (i) That the Tennessee putative father registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to finalization of the adoption;
        2. (ii) That if the child was born in a state other than Tennessee and that state has a putative father registry or equivalent, that registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter unless the biological father has been identified through DNA testing as described in § 24-7-112 and that identification is set out in the petition; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to finalization of the adoption unless waived by the court pursuant to subsection (d); if the state of the child's birth has no putative father registry, the petition must include a statement to that effect;
        3. (iii) That if the petitioner knows or has reason to believe the mother was living or present in another state at the time of the child's conception and that state has a putative father registry or equivalent, that registry has been consulted within ten (10) working days prior to the filing of the petition or will be consulted within ten (10) working days thereafter; a copy of the response to this inquiry must be provided to the court immediately upon receipt by the petitioner and prior to the finalization of the adoption; if the possible state of the child's conception has no putative father registry, the petition shall include a statement to that effect; and
        4. (iv) That if the child is less than thirty (30) days old at the time the petition is filed, whether notice of the filing of the adoption petition has been provided to any registry required by this section;
      2. (B) Whether there are any other persons known to the petitioner or petitioners who are entitled to notice under § 36-1-117 and the identity of such persons;
    14. (14) Whether the child was brought into Tennessee for foster care or adoption, and, if so, that there has been full compliance with the ICPC or, if compliance has not occurred, a statement alleging good cause for such noncompliance. Evidence of compliance in the form of the ICPC Form 100A or other form from the department, if appropriate, or a sworn statement stating why such form is not required shall be included or attached as an exhibit to the petition;
    15. (15)
      1. (A) Whether the child was brought into Tennessee for foster care or adoption from a foreign country, and, if so, evidence shall be attached to the petition showing approval of the government or legal authority in the country from which the child was brought that the child's placement with the petitioners was appropriate and that the petitioners have legal authority under that country's law to have the custody of the child;
      2. (B) The petition shall exhibit evidence from the immigration and naturalization service, the department of justice or the department of state that the child has proper authorization to enter the United States;
      3. (C) If a child who was the subject of an adoption decree from the foreign country must be re-adopted under Tennessee law to effect a valid adoption due to any interpretation of the United States government, the petition shall so state and state that this is necessary for the child to be legally adopted in the United States, and the court shall have jurisdiction to enter an order of adoption for this purpose;
      4. (D) If a child is in this country and the provisions of subdivision (b)(15)(A) cannot be met, the petitioners shall file an affidavit and any other available documentary evidence satisfactory to the court that shows why there is no approval available for the child from the foreign government or legal authority in the foreign country concerning the child's placement with the petitioners;
    16. (16)
      1. (A) Whether the petitioners have paid, or promised to pay, any money, fees, contributions, or other remuneration or thing of value in connection with the birth, placement or the adoption of the child, and if so, to or from whom, the specific amount, and the specific purpose for which these were paid or promised;
      2. (B) The disclosure required by this subdivision (b)(16) shall specifically include whether any attorney's fees or medical expenses or counseling fees and the other expenses permitted under §§ 36-1-108 and 36-1-109 or any other fees, remuneration, or contribution, were paid or promised in connection with the child's birth, placement, or adoption and if so, to whom, the specific amount and the specific purpose for which they were paid or promised;
      3. (C) The disclosure required by this subdivision (b)(16) shall also specifically include the amount of fees paid to any licensed child-placing agency or licensed clinical social worker in connection with the placement of the child.
  3. (c) The petition must be signed by each petitioner personally and must be verified and must be filed with the clerk of the court, who shall send a certified copy of the petition to the director of adoptions in the state office of the department in Nashville, and to the local office of the department or the licensed child-placing agency or licensed clinical social worker that or who has been directed to answer the order of reference issued in accordance with subsection (e) within three (3) business days after its filing.
  4. (d) If this section requires a putative father registry check in any state other than Tennessee and that state will not permit access to its putative father registry, does not respond within thirty (30) days, or requires a fee determined by the court to be unreasonable, and the court finds that the petitioner has otherwise made diligent efforts to identify the child's biological father, the court may waive this requirement and enter an order of adoption.
  5. (e)
    1. (1) Upon filing the adoption petition, the prospective adoptive parents shall notify the court if they have requested a home study or preliminary home study pursuant to subsection (a) and shall file or cause to be filed a copy of the court report based upon the home study or preliminary home study with the court, under seal, unless the court waives the home study or the preliminary home study for prospective adoptive parents who are related to the child.
    2. (2)
      1. (A) Upon filing of the petition for adoption, the petitioners also shall inform the adoption court of the name of the court in which the surrender was filed, and the adoption court shall request the court where the surrender was filed to forward a certified copy of the surrender and copies of the medical and social information obtained at the time of the surrender to the adoption court and any court reports based upon home studies that were ordered by the court. This information shall be made a part of the adoption record, but shall be confidential and shall be placed in a sealed envelope within the court file or shall be filed in a protected electronically maintained file and shall remain under seal and shall not be open to inspection by any person or agency other than the department or the licensed child-placing agency or licensed clinical social worker to which the order of reference is issued under this subsection (e), except by written order of the court or as otherwise permitted under this part.
      2. (B) Unless waived by the court in accordance with subdivision (e)(1), the court shall order a licensed child-placing agency or licensed clinical social worker, or the department if the petitioners are indigent under federal poverty guidelines, to conduct a preliminary home study, and a court report based upon such a study must be submitted within fifteen (15) days of the date of the order if, at the time the petition is filed, the petitioners have custody of the child, and the petitioners have not submitted to the court a court report based upon a timely home study or timely preliminary home study with the petition, and the court may enter any orders necessary for the child's care and protection as permitted by subsection (f) pending receipt of the preliminary home study.
    3. (3) If no prior or updated home study of the prospective adoptive parents has been conducted and a court report filed with the court at the time the order of reference is issued and such home study has not been waived in accordance with subdivision (e)(1), then the court, within five (5) days of the date the petition is filed, shall direct the order of reference to a licensed child-placing agency or licensed clinical social worker chosen by the petitioners or, if the petitioners are indigent under federal poverty guidelines or if the child was placed with the petitioners by the department, to the department, to submit a preliminary court report, and any supplemental court reports as may be necessary, and a final court report concerning the circumstances of the child, the child's antecedents, and the proposed adoptive home. Except for good cause shown, the court shall issue the order of reference to the licensed child-placing agency, the licensed clinical social worker, or the department that conducted the home study pursuant to the prospective adoptive parents' request pursuant to subsection (a).
    4. (4) The information in subdivision (e)(2) shall be made available to the licensed child-placing agency or licensed clinical social worker or the department which responds to the order of reference. If the necessary medical and social information was obtained by the court pursuant to § 36-1-111, it shall not be necessary for the department or the licensed child-placing agency or licensed clinical social worker to have any further contact with the biological parents in response to the order of reference, unless it is believed the information contained in the statements is inaccurate or incomplete, in which case the department, licensed child-placing agency, or the licensed clinical social worker may contact the biological or prior legal parents or the guardian to obtain such information.
    5. (5)
      1. (A) A preliminary court report shall be filed by the department, the licensed child-placing agency or the licensed clinical social worker within sixty (60) days of the receipt of the order of reference and may be supplemented from time to time as the licensed child-placing agency, the licensed clinical social worker or the department determines necessary, or as ordered by the court.
      2. (B) A final court report shall be submitted immediately prior to the finalization of the adoption upon fourteen (14) days' notice to the department, the licensed child-placing agency, or the licensed clinical social worker.
    6. (6) Court filings in adoption actions by public or private agencies or parties, offered as proof of parentage, termination of parental rights, or related to establishment or termination of guardianship, may be reviewed by all parties to the case unless the court grants a protective order. If there is no protective order, the agency that made the filing shall, at the time of the filing, send a paper or encrypted electronic copy of the filing to the attorney for the petitioners. Petitioners' counsel and the court must receive the submission at least two (2) business days prior to the scheduled hearing to finalize the adoption. A protective order may be requested by motion of any party or by the agency that made the filing. A protective order shall be granted upon showing of good cause to restrict the information; such cause shall be proven by a preponderance of evidence. The protective order shall be as narrow as possible while still offering the protections that the court found to be warranted.
  6. (f)
    1. (1) Upon the filing of the petition, the court shall have exclusive jurisdiction of all matters pertaining to the child, including the establishment of paternity of a child pursuant to chapter 2, part 3 of this title, except for allegations of delinquency, unruliness or truancy of the child pursuant to title 37; provided, that, unless a party has filed an intervening petition to an existing adoption petition concerning a child who is in the physical custody of the original petitioners, the court shall have no jurisdiction to issue any orders granting custody or guardianship of the child to the petitioners or to the intervening petitioners or granting an adoption of the child to the petitioners or to the intervening petitioners unless the petition affirmatively states, and the court finds in its order, that the petitioners have physical custody of the child at the time of the filing of the petition, entry of the order of guardianship, or entry of the order of adoption, or unless the petitioners otherwise meet the requirements of § 36-1-111(d)(6).
    2. (2) Except for proceedings concerning allegations of delinquency, unruliness, or truancy of the child under title 37, any proceedings that may be pending seeking the custody or guardianship of the child or visitation with the child who is in the physical custody of the petitioners on the date the petition is filed, or where the petitioners meet the requirement of § 36-1-111(d)(6), shall be suspended pending the court's orders in the adoption proceeding, and jurisdiction of all other pending matters concerning the child and proceedings concerning establishment of the paternity of the child shall be transferred to and assumed by the adoption court; provided, that until the adoption court enters any orders affecting the child's custody or guardianship as permitted by this part, all prior parental or guardian authority, prior court orders regarding custody or guardianship, or statutory authority concerning the child's status shall remain in effect. Actions suspended by this section, regardless of the stage of adjudication, shall not be heard until final adjudication of the action for termination of parental rights or adoption regarding the same child, even if such adjudication of the termination of parental rights or adoption will render the custody, guardianship, or visitation action moot.
    3. (3) If no prior order of guardianship or custody has been entered giving guardianship or legal custody to the petitioners, the court may, upon receipt of a satisfactory preliminary home study or a satisfactory home study, and if the petitioners have physical custody of the child or otherwise meet the requirements of § 36-1-111(d)(6), issue an order of guardianship or custody with the same authority given to the petitioners as is provided pursuant to §§ 36-1-102 and 37-1-140 as the case may be.
    4. (4) If an order of guardianship is entered pursuant to this part, the petitioner or petitioners shall have authority to act as guardian ad litem or next friend of the child in any suit by the child against third parties while the child is in the care and custody of the petitioners.
    5. (5) An intervening petition for adoption must be decided upon the premise of permissive intervention pursuant to the Tennessee Rules of Civil Procedure. All requirements for prospective adoptive parents and the filing requirements of the petition under any provision of chapter 1 of this title must be met, except for the requirement of having physical custody or the right to receive physical custody at the time of filing.
  7. (g)
    1. (1) The court shall order a licensed child-placing agency or licensed clinical social worker, or the department if the parents are indigent under federal poverty guidelines or if the child was placed with the prospective adoptive parents by the department, to provide supervision for the child who is in the home of prospective adoptive parents and to make any necessary reports that the court should have concerning the welfare of the child pending entry of the final order in the case; provided, that the court may waive this requirement when the child is to be adopted by related persons.
    2. (2) Unless they are indigent under federal poverty guidelines, the prospective adoptive parents shall pay the costs of the home study and the supervision required by this subsection (g) and the supervision required by the court.
  8. (h) The filing of a petition for involuntary termination of parental rights with or without an adoption shall be deemed the commencement of a custody proceeding. A petition for adoption, with or without a voluntary termination of parental rights or consent, shall not be deemed the commencement of a custody proceeding for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), compiled in chapter 6, part 2 of this title.
  9. (i) If the court grants guardianship or custody of the child upon the filing of the petition or at any time thereafter to any person, and the child is possessed of any real or personal property to be administered, the court shall appoint a guardian of the property of the child if no guardian or trustee is currently appointed to care for the child's property.
  10. (j) When the husband and wife are joint petitioners, the death of one (1) spouse shall not result in the dismissal of the petition for adoption for that reason alone, and the court may proceed to grant the adoption to the surviving petitioner.
  11. (k)
    1. (1) The department, a licensed child-placing agency, or a licensed clinical social worker shall have the right to intervene in the adoption proceeding at any time to present evidence as to the best interests of the child by filing a sworn complaint in the adoption proceeding.
    2. (2)
      1. (A) Subject to subsection (f), the court may make any necessary orders upon its own motion or upon the sworn complaint of the department, a licensed child-placing agency, or a licensed clinical social worker for the protection and welfare of the child, including emergency ex parte orders for the immediate care and protection of the child as permitted pursuant to § 36-1-111(r)(1)(A)-(C).
      2. (B) Any emergency ex parte orders for the protection of the child may be entered if the court finds probable cause to believe that the child's immediate health or safety would be endangered. The ex parte order may direct the removal of the child from the custody of the prospective adoptive parents.
    3. (3) If an ex parte order of protection is entered that removes the child from the custody of the prospective adoptive parents, a preliminary hearing shall be held within five (5) days, excluding Saturdays, Sundays and legal holidays, to determine the need for the continuance of such order.
    4. (4) The prospective adoptive parents shall be necessary parties at the preliminary hearing and the court may order the department or the licensed child-placing agency or licensed clinical social worker to provide any necessary information or court reports concerning the welfare of the child as it may require.
    5. (5) If the court determines at the preliminary hearing that there is probable cause to believe that the child's health or safety will be immediately endangered if the child remains in or is returned to the custody of the prospective adoptive parents, or that any other orders must be entered to ensure the health and safety of the child, it shall make such orders as are necessary to protect the child and may continue or place temporary legal custody of the child with the department or a licensed child-placing agency or any other suitable persons approved by the department or a licensed child-placing agency or licensed clinical social worker.
    6. (6) The court shall set a final hearing concerning the allegations involving the prospective adoptive parents within thirty (30) days, except for good cause shown in an order entered by the court.
    7. (7) If the court determines upon clear and convincing evidence at a final hearing that it should make another disposition of the child, it may remove the child from the custody of the prospective adoptive parents and may make any other orders necessary for the child's welfare and best interests, including an alternate custody or guardianship order for the child, and the court may dismiss the adoption petition as provided in § 36-1-118. If the court does not find by clear and convincing evidence that it should make another disposition of the child, it shall dismiss the complaint that had made the allegations concerning the child's best interests and the adoption proceedings shall continue pending further orders of the court.
§ 36-1-117. Parties to proceedings — Termination of rights of putative father — Consent of parent or guardian — Service of process.
  1. (a) Only a legal parent, guardian, or putative father of the child is a necessary party to the adoption proceeding or to a separate proceeding seeking termination of those rights prior to the entry of an order of adoption, and those rights must be terminated prior to the entry of an order of adoption. If a person has surrendered parental or guardianship rights to the child, executed a parental consent, waived the person's rights pursuant to § 36-1-111(s) or (t), or the person's rights have been terminated by court order, then the person is not a necessary party.
  2. (b)
    1. (1) If a petition has been filed to establish paternity of the child who is the subject of the adoption proceeding, the adoption court shall have exclusive jurisdiction to hear and decide any paternity petition filed in the adoption proceeding or that has been transferred to it pursuant to § 36-2-307.
    2. (2) The paternity petition shall be heard and concluded prior to any action by the adoption court to determine whether to grant the petition for adoption.
    3. (3)
      1. (A) The petition shall be granted if it is shown by a preponderance of the evidence that the person alleged to be the father of the child is the father of the child; provided, that the entry of such an order shall not prevent the filing and consideration of a petition pursuant to § 36-1-113.
      2. (B) If the petition to establish paternity is granted, then the parental rights of the legal father must be terminated as provided by § 36-1-113 or as otherwise provided by law, or the legal father must execute a surrender under § 36-1-111, file a parental consent, or the legal father must co-sign the petition for adoption pursuant to subsection (f) before the court may be authorized to order an adoption of the child.
    4. (4) If grounds for termination of parental rights do not exist, then the child's legal father shall be granted custody of the child, unless the court determines, upon clear and convincing evidence, that the legal father is unable currently to provide proper custodial care for the child, in which case the court shall make such orders as may be necessary for the child's care and supervision pursuant to § 37-1-140; or unless the child's mother's rights have not been previously terminated, in which case the court shall make a determination of the custodial status of the child between the legal father and the mother, and the court may make such other orders as are necessary to provide for the child's care and supervision. If the court determines that neither parent is suitable to provide for the care of the child, it shall make such other orders as it may determine are necessary for the child's care and supervision.
    5. (5) If the petition to establish paternity is not granted by the court after a hearing and determination based upon subdivision (3), then the court may enter an order to that effect specifying the basis for the determination, and may proceed with the adoption proceeding without further need to terminate the rights of that putative father.
    6. (6) The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), compiled in chapter 6, part 2 of this title, shall govern jurisdiction of the adoption court in this state if a paternity proceeding has been filed by the putative father in another state, territory, or foreign country.
  3. (c) [Deleted by 2024 amendment.]
  4. (d)
    1. (1) Other biological or legal relatives of the child or the adult are not necessary parties to the proceeding and shall not be entitled to notice of the adoption proceedings unless they are the guardian or custodian of the child or the conservator of the adult at the time the petition is filed.
    2. (2) The legal custodian of the child or any person or entity appointed guardian of the person or property of the child pursuant to an order that does not specifically include the right to adopt or consent to the adoption of the child and that was not entered as a result of a surrender, parental consent, termination of parental rights, or finding that the child is without any living person entitled to notice pursuant to subsection (a) may only receive notice of the proceeding and may only present evidence as to the child's best interests.
  5. (e) Any public or private agency that may have custody or complete or partial guardianship of the child and that has not given consent as provided under this part shall be made a defendant and given notice of the filing of the adoption or termination of parental or guardian rights petition filed under this part or under title 37, and shall be permitted to assert its rights to custody or guardianship of the child.
  6. (f) When the child is related to one (1) of the petitioners or is the stepchild of the petitioner, and the legal or biological parent or parents or guardian or guardians of the child signs the adoption petition as a co-petitioner for the specific purpose, as stated in the petition, of giving consent to the adoption, no further surrender, parental consent, or termination of parental rights shall be required as to that parent or guardian, as the act of joining in the adoption petition shall be deemed a complete surrender, notwithstanding subsection (g), and no further notice or service of process need be made to that person; provided, that where the stepparent of a stepchild seeks to adopt a stepchild, the co-signing of the petition by the child's parent who is the spouse of the petitioner shall not affect the existing parent/child legal relationship between that parent and the parent's child who is the subject of the adoption petition by the stepparent of the child.
  7. (g)
    1. (1) A parent may sign a petition for adoption as provided by § 36-1-102 for the purpose of giving parental consent to the adoption of the parent's child by unrelated persons. The petition must state that the parent understands that the entry of an order confirming the parental consent, without revoking the parental consent prior to the entry of such order, will terminate that parent's parental rights to the child forever and that the parent will have no legal rights to custody or control of the child in the future.
    2. (2) It is specifically and expressly declared that the act of signing the adoption petition does not terminate the parental rights of such parent until the court where the adoption petition is filed has entered an order confirming the parental consent. Prior to the court entering an order confirming the parental consent:
      1. (A) The parent shall answer, in writing and under oath, each of the questions required pursuant to § 36-1-111(b)(4), and submit the parent's answers to the court on a substantially similar form; and
      2. (B) The court shall:
        1. (i) Witness the parent's or guardian's signature on the form; and
        2. (ii) Confirm the parental consent by verifying the parent's answers to the questions required pursuant to § 36-1-111(b)(4), and by witnessing the parent's signature on an affidavit acknowledging the parental consent.
    3. (3) The parent signing the petition for the purpose of giving parental consent shall be provided ten (10) calendar days' written notice by the court of the appearance date for the required response to the court pursuant to § 36-1-111 before entry of the order confirming the parental consent is entered by the court. Unless the parent is disabled or the parent's appearance is impracticable as determined by the court, that parent must personally attend the hearing before the court in chambers. If the parent is disabled or the parent's appearance is impracticable as determined by the court, the answers shall be taken under oath at the parent's location by the court or by any person appointed by an order of the court to do so. If the parent executing the parental consent cannot be found or does not appear at the time of such hearing, the court may terminate that parent's rights upon any grounds available pursuant to a petition filed under § 36-1-113.
    4. (4) Following the satisfactory completion of such questions, which shall be recorded on the forms required pursuant to § 36-1-111, the court shall enter an order that confirms the parental consent, and the court shall then, and only then, be authorized to enter an order terminating such parent's rights to the child who is the subject of the adoption petition; provided, that a parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent by the court by executing a revocation form as provided in § 36-1-112, and such revocation shall negate and void the parental consent executed pursuant to this subsection (g).
    5. (5) The death of the consenting parent or termination of parental rights of such parent by a validly executed surrender or by court action prior to the entry of the adoption order will make any requirements for the parental consent contained herein unnecessary.
    6. (6) Upon entry of the order of confirmation, the clerk shall send certified copies of the order to the adoptions unit in the state office of the department in Nashville.
  8. (h) The department, through any authorized person, or the executive head of such licensed child-placing agency may give consent to the adoption of the child by the petitioners for whom it holds complete or partial guardianship.
  9. (i)
    1. (1)
      1. (A) When the child who is the subject of the adoption is fourteen (14) years of age or older at any time before the granting of the petition, the adoption court must receive the sworn, written consent of such child to the adoption, which shall be filed with the record, and the consent of such minor shall be recited in the order of adoption. The court shall receive the consent and testimony from the child in chambers, if requested by the child. The consent is legally sufficient if it contains statements comparable to the “Consent to Adoption by Minor” set forth in subdivision (i)(3).
      2. (B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER
        1. STATE OF TENNESSEE
        2. COUNTY OF
        3. 1. I am [name of child] born on .
        4. 2. I understand that [name of prospective adoptive parent(s)] have filed a petition to adopt me.
        5. 3. I understand that if the Court enters an order of adoption based upon the Petition, that I will become the legal child of [name of prospective adoptive parent(s)] and that he/she/they will become my parents for all purposes, just the same as if I had originally been born to them.
        6. 4. I understand that, while I remain under eighteen (18) years of age, my adoptive parents will have the right to determine if I should contact or visit with anyone in my prior legal or birth family.
        7. 5. I understand that I will have the right to inherit property from my adoptive parents, and their descendants will have the right to inherit property from me or my descendants but only for property I acquire after the adoption order is entered.
        8. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest.
        9. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption.
        10. This the day of , 20.
        11. FURTHER AFFIANT SAITH NOT
        12. Please Print:
        13. Signature:
      3. Sworn to and subscribed before me this day of , 20.
        1. Please Print:
        2. Judge of the Court for
        3. County, Tennessee
      4. Signature:
    2. (2) If the child who is the subject of the adoption is mentally disabled and is fourteen (14) years of age or more at any time before the granting of the petition, then the court shall appoint a guardian ad litem to give or withhold consent for the child to the adoption, and the court shall follow the procedure of subdivisions (j)(2)(B) and (C).
  10. (j)
    1. (1) When the person sought to be adopted is eighteen (18) years of age or older, only the sworn, written consent of the person sought to be adopted shall be required and no order of reference or any home studies need be issued.
    2. (2)
      1. (A) If the adult person to be adopted has been adjudicated incompetent, then the written consent of the adult person's conservator shall be required.
      2. (B) If the person is without a conservator and the court has reason to believe that the person is incompetent to give consent, then the court shall appoint a guardian ad litem who shall investigate the person's circumstances and that guardian ad litem shall give or withhold consent.
      3. (C) The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interests of the person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent person, it may proceed to make any other orders it deems necessary for the person's welfare, including granting the adoption petition.
    3. (3) In all other situations under this subsection (j) for adult persons who are the subject of an adoption petition, an order of reference, social investigation, report to the court by a licensed child-placing agency or licensed clinical social worker or the department, putative father registry check in this or any other state, or the waiting period under § 36-1-119 is not required.
  11. (k) When the child has been surrendered or parental rights have been relinquished to an agency operating under the laws of another state, territory, or foreign country, or such agency has received guardianship or the right to place a child for adoption pursuant to the laws of its jurisdiction, the surrender or relinquishment, or any order terminating parental rights, and the written consent of the agency pursuant to the laws of its jurisdiction or pursuant to its procedures shall be filed with the adoption petition and shall be sufficient for the purposes of providing the necessary consent required by this part.
  12. (l) If a person has surrendered that parent's parental rights or guardianship rights, if a person has filed a parental consent and the consent has been confirmed as provided herein, if a person has executed a waiver of interest pursuant to this part, if a person or agency has consented to the adoption of the child who is the subject of the adoption proceeding, or if a person's parental or guardianship rights to the child have been properly terminated, no notice of the adoption proceeding or service of process shall be made to that person or agency.
  13. (m)
    1. (1) Service of process for adoption proceedings and termination proceedings in chancery and circuit courts pursuant to this part and for proceedings to terminate parental rights in juvenile courts are made pursuant to the Tennessee Rules of Civil Procedure and the statutes governing substituted service.
    2. (2) [Deleted by 2024 amendment.]
    3. (3) Any motion for an order for publication in these proceedings shall be accompanied by an affidavit of the petitioners or their legal counsel attesting, in detail, to all efforts to determine the identity and whereabouts of the parties against whom substituted service is sought.
    4. (4) Service of process for juvenile court proceedings may be completed by any individual authorized to serve process under the Tennessee Rules of Civil Procedure or the Tennessee Rules of Juvenile Procedure, including, but not limited to, a sheriff, constable, or private process server.
  14. (n) The court may enter a default judgment against any party to the adoption or termination proceeding upon a finding that service of process has been validly made against that party in accordance with the Tennessee Rules of Civil or Juvenile Procedure and the statutes concerning substituted service; however, in termination proceedings, proof must be presented as to legal grounds and best interest pursuant to § 36-1-113.
  15. (o) The response or answer to a petition for termination of parental rights shall be signed by the respondent personally, sworn to and verified, and filed with the clerk of the court.
§ 36-1-118. Dismissal of adoption proceedings and guardianship orders — Revocation of surrender by court — Notice — Disposition of child.
  1. (a) If at any time between the surrender of a child directly to prospective adoptive parents or a licensed child-placing agency and the filing of an adoption petition or at any time between the filing of an adoption petition and the issuance of the final order of the adoption, it is made known to the court on the basis of clear and convincing evidence that circumstances are such that the child should not be adopted, the court may dismiss the adoption proceedings or, if no adoption proceedings have been commenced, the court may order the surrender or parental consent to prospective adoptive parents to be revoked and may modify or dismiss any order of guardianship previously entered, and may order the reinstatement of parental rights, all in consideration of the best interests of the child.
  2. (b) If it is made known to the court where the surrender of a child directly to adoptive parents was executed or filed and that, in accordance with § 36-1-111(o), has jurisdiction of the child, that the prospective adoptive parents to whom the child had been surrendered have not filed a petition to adopt the child within thirty (30) days of the date of execution of the surrender, or if the court where the adoption petition determines that the prospective adoptive parents do not have, or have not obtained, an order of guardianship or an order of legal custody for the child who is the subject of the adoption petition within thirty (30) days of the date of the filing of the petition, the court shall set a hearing for the purpose of determining if any surrender to the prospective adoptive parents should be ordered revoked, if any order of guardianship should be modified or dismissed, if an order of custody or guardianship should be entered, if parental rights should be reinstated, or if some other disposition should be made for the child in the child's best interests.
  3. (c)
    1. (1) Before entering an order pursuant to subsection (a) or (b) directing that the surrender directly to prospective adoptive parents or a licensed child-placing agency be revoked or that the parental consent to prospective adoptive parents be disallowed, or that the order of guardianship be modified or dismissed, that an order of custody or guardianship be entered, or that parental rights be reinstated, or before dismissing the adoption proceedings, the court must give written notice of not less than five (5) days, excluding Saturdays, Sundays, and legal holidays, of its intent to do so.
    2. (2) The notice shall be given to the persons or entity to whom the child was surrendered and for whom an order of guardianship was entered, to any petitioners and other parties to the proceeding, and to the department or licensed child-placing agency, or licensed clinical social worker that or who placed the child or conducted any studies involving the placement of the child in the home, and to the parent whose rights were terminated, but only if the court will consider reinstatement of that parent's rights.
  4. (d)
    1. (1) Following the hearing, the court may order the revocation of the surrender or any parental consent, modify or dismiss the order of guardianship, may enter an order of custody or guardianship, may order reinstatement of parental rights, or may dismiss the petition if it determines upon clear and convincing evidence that such action is in the child's best interests.
    2. (2) The court may reinstate parental rights only with the consent of the parent whose rights were terminated.
  5. (e)
    1. (1) After the court's dismissal of the petition or after the order of revocation by the court of a surrender or parental consent, if the child had been in the legal custody or guardianship of the department or a licensed child-placing agency prior to the surrender, the parental consent, the entry of a guardianship order, or the filing of the adoption petition, the court shall enter an order directing that the child shall be placed in the guardianship of the department or the licensed child-placing agency that had legal custody or guardianship of the child immediately before the placement was made with the prospective adoptive parents or immediately before the surrender was executed or parental consent was filed or before the prior order giving guardianship to the prospective adoptive parent was entered.
    2. (2) In all other cases in which the child was not in the legal custody or guardianship of the department or a licensed child-placing agency prior to the revocation by the court of the surrender or parental consent to prospective adoptive parents or prior to the dismissal of the guardianship order, or prior to the dismissal of the adoption proceeding by the court, or when the agency that had had custody or guardianship of the child prior to the child's placement or prior to the revocation of the surrender by the court, or dismissal of the petition cannot or will not resume guardianship or custody of the child, the child shall remain a ward of the court, which shall have jurisdiction to award the child's guardianship or legal custody according to the best interest of the child.
    3. (3) The court shall continue to have jurisdiction of the child to make such further orders as are necessary until another adoption petition is filed, at which time jurisdiction over the child shall transfer to the court where the new adoption petition may be filed; provided, the juvenile court shall retain jurisdiction of the child for allegations of delinquency, unruliness, and truancy pursuant to title 37, chapter 1, part 1.
    4. (4)
      1. (A) Unless the child's custody or guardianship is required to be returned to the custody of the department or a licensed child-placing agency, or unless the court must return jurisdiction of the child to a court with prior jurisdiction, then, after entry of an order revoking the surrender or parental consent, dismissing the order of guardianship, after entry of an order of custody or guardianship, or after dismissing the petition for adoption, the court may, in its discretion, by order entered in the record, transfer all jurisdiction and wardship of the child to the juvenile court of the county of the child's residence.
      2. (B)
        1. (i) After the clerk has transferred to the department the information required under this part, certified copies of any records of the child needed by the juvenile court from the court where the surrender was revoked, the guardianship order was dismissed, the custody or guardianship order was entered, or the adoption petition was dismissed, shall be transferred to the juvenile court and the clerk of the court that had taken action pursuant to subsection (d) and subdivision (e)(4) shall maintain the original of the records in that court's files.
        2. (ii) Except as otherwise provided by this part, all such records shall remain confidential in the files of the juvenile court and shall not be open to any person except the child's legal custodian or legal guardian, or pursuant to a written order of the court, or to the department that may be investigating a report of child abuse or neglect or that may be responding to an order of reference by the juvenile court, or to a law enforcement agency investigating a report of child abuse or neglect or that is investigating any crime involving the child.
    5. (5) Any order of guardianship or legal custody entered pursuant to this subsection (e) shall continue until modified by the court to which the jurisdiction is transferred or by the court where a new adoption petition is filed.
    6. (6) If guardianship is awarded pursuant to this section, the court shall, in addition to the authority under § 37-1-140, give authority to place the child for adoption and to consent to adoption, or to adopt the child, or may give authority to surrender the child for that purpose.
    7. (7) The department or the licensed child-placing agency receiving guardianship of the child under this section shall have authority to make another placement of the child for adoption and to consent to the adoption by new adoptive parents without further approval of the court.
    8. (8) For purposes of this section, legal custody awarded by the court shall vest the legal custodian with the authority to provide the care and control of the child as set forth in § 37-1-140, but does not, by itself, without entry of an order of guardianship pursuant to this part, authorize the legal custodian to place the child for adoption or to consent to the adoption.
    9. (9) Prior to entering an order establishing a permanent plan for the child who is not returned to the department or a licensed child-placing agency as provided in subdivision (e)(1), the court shall order the department or a licensed child-placing agency or licensed clinical social worker to investigate and report to the court within sixty (60) days regarding a suitable permanent plan for the child. Subject to the jurisdiction of the juvenile court for allegations of delinquency, unruliness, or truancy against the child pursuant to title 37, the court may make further orders of custody or guardianship upon receipt of the report.
§ 36-1-119. Final order of adoption — When entered.
  1. (a) Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to § 36-1-106; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months.
  2. (b) If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption.
  3. (c)
    1. (1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
    2. (2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255, the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
  4. (d) If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered.
  5. (e) If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner.
§ 36-1-120. Final order of adoption — Contents — Report of foreign birth.
  1. (a) The final order of adoption must state:
    1. (1) The full name of the child used in the proceeding;
    2. (2) The full names of the petitioners and their county of residence and whether the petitioner is a stepparent of the adopted person;
    3. (3) The fact and date of the filing of the petition;
    4. (4) The date when the petitioners acquired physical custody of the child and from what person or agency or by which court order;
    5. (5) The fact and date of the filing of a guardianship order, if such order has been entered;
    6. (6)
      1. (A) That all persons entitled to notice of the proceedings have been served with process and the status of those persons in the proceedings and that all necessary parties were properly before the court;
      2. (B) That the time for answering the petition has expired;
      3. (C) That termination of all parental or guardian rights to the child by court order or surrenders or parental consents that are necessary to proceed with the adoption have occurred; and
      4. (D) That orders reflecting the termination of parental rights pursuant to actions filed by the prospective adoptive parents, orders confirming parental consents, or the consents of the department or a licensed child-placing agency with authority to place and consent to the child's adoption, the consent of the child who is over fourteen (14) years of age, the consent of the guardian ad litem of an incompetent adult or mentally disabled child, or of any other person or entity required by law have been filed in the court record;
    7. (7) That if the child has been brought into Tennessee from another state or foreign country, there has been compliance with the ICPC, if applicable, or with the requirements of the foreign government or legal authorities in the foreign country for the petitioners to have custody of the child and with all requirements of the United States government for the immigration of the child to this country, unless good cause has been shown to excuse such compliance;
    8. (8) That the child's adoption is in compliance with or is not subject to the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.);
    9. (9) Whether the child has been the subject of an adoption decree in a foreign country in which the petitioners were given the child in adoption by such decree and whether this adoption is a readoption for the purpose of complying with the requirements of the United States government for the purposes of the child's immigration or naturalization;
    10. (10) That the petitioners are fit persons to have the care and custody of the child;
    11. (11) That the petitioners are financially able to provide for the child;
    12. (12) That the child is a suitable child for adoption; and
    13. (13) That the adoption is for the best interest of the child.
  2. (b) Before the entry of the final order, there shall be filed with the proposed order:
    1. (1) An affidavit by the attorney for the petitioners detailing the fees charged for any services rendered in the placement of the child or for legal services, and any fees paid by the attorney to any other person or entity for services rendered in securing the placement of the child or for providing any services related to securing any home studies to secure a surrender or adoption of the child; and
    2. (2) An affidavit by the licensed child-placing agency or licensed clinical social worker that or who placed the child with the petitioners regarding the fees charged by such agency or social worker to the adoptive parents for the placement of the child and for any home studies and supervision of the placement conducted by the licensed child-placing agency or by the licensed clinical social worker.
  3. (c) The court shall review the affidavits required in subsection (b) and shall determine whether all fees set forth therein are reasonable. The court shall retroactively approve such fees or order reimbursement of any fees it determines to be unreasonable.
  4. (d) The court shall, if satisfied that all the requirements necessary for the adoption of the child are present, thereupon decree the adoption of the child by the petitioners and shall order that the name of the child be changed to that requested by the petitioners.
  5. (e)
    1. (1) The clerk of the court shall furnish the department a certified copy of all final orders of adoption and the affidavits required under subsection (b) or final orders dismissing the adoption proceedings, and the department shall record pertinent information from the order, and the department shall maintain a copy of the order with all other information in the sealed adoption record.
    2. (2) Upon entry of the final order of adoption by the court, the clerk of the court shall simultaneously furnish the adoptive parents or their attorney a certified copy of the order of adoption.
  6. (f)
    1. (1) All orders of adoption, readoption, or foreign recognition, as authorized by § 36-1-106(c), must be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption and by reporting the information required by that division for a new certificate of birth or for a report of foreign birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption as provided in §§ 68-3-310 — 68-3-313. This section does not prohibit court clerks from certifying or issuing any certificate of adoption forms as may be required by the state of the child's birth.
    2. (2) The court clerk or the petitioner's or petitioners' attorney shall supply the registrar of the division of vital records the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country:
      1. (A) The full adoptive name of the child;
      2. (B) The adopted child's date of birth;
      3. (C) The adopted child's sex;
      4. (D) The city, province and country of the adopted child's birth;
      5. (E) The full name of the adoptive father;
      6. (F) The full maiden name of the adoptive mother; and
      7. (G) The legal residence of the adoptive parents.
    3. (3) Upon entry of the order of adoption, readoption, or foreign recognition by the court, as authorized by § 36-1-106(c), the court clerk shall immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents listed in subdivisions (f)(1) and (2) for the issuance of a new birth certificate by adoption or report of a foreign order.
  7. (g) Costs for furnishing certified copies under subsections (e) and (f) shall be taxed to the petitioners.
  8. (h) Notwithstanding the sealing and confidentiality of adoption records pursuant to this part, the clerk of the court in which adoption proceedings have occurred, upon being furnished verification of the identity of the requesting person, shall furnish to the adopted person, adoptive parents or their attorney or attorneys, upon their request at any time, certified copies of the final order of adoption or readoption or final orders dismissing such adoption proceedings. Nothing other than certified copies of the final order of adoption or readoption or final order dismissing such adoption proceedings shall be released pursuant to this subsection (h).
§ 36-1-121. Effect of adoption on relationship.
  1. (a) The signing of a final order of adoption terminates any existing guardianship orders and establishes from that date the relationship of parent and child between the adoptive parent or parents and the adopted child as if the adopted child had been born to the adoptive parent or parents and the adopted child shall be deemed the lawful child of such parent or parents, the same as if the child had been born to the parent or parents, for all legal consequences and incidents of the biological relation of parents and children.
  2. (b) The adopted child and the child's descendants shall be capable of inheriting and otherwise receiving title to real and personal property from the adoptive parents and their descendants, and of succeeding to the rights of either such parent or such parent's descendants in such property, whether created by will, by other instrument or by law, including, but not limited to, taking as a beneficiary of a remainder interest following a life interest or estate in either such parent or such parent's ancestor or descendant. The adopted child shall have the same such rights as to lineal and collateral kindred of either adoptive parent and the ancestors or descendants of such kindred, as the adoptive child has as to such parent, and the lineal and collateral kindred of either adoptive parent and the descendants of such kindred shall have the same such rights as to the adopted child and the child's descendants, but only as to property of the adopted child acquired after the child's adoption.
  3. (c) In the construction of any instrument, whether will, deed, or otherwise, whether executed before or after August 24, 1995, and whether the testator or other party creating an interest by such instrument died before or after August 24, 1995, or before or after an adoption, a child so adopted and the descendants of such child are deemed included within the class created by any limitation contained in such instrument restricting a devise, bequest or conveyance to the lawful heirs, issue, children, descendants, or the like, as the case may be, of the adoptive parent, or of an ancestor or descendant of one (1) of them, and such adopted child shall be treated as a member of such class unless a contrary intention clearly shall appear by the terms of such instrument or unless the particular estate so limited shall have vested in interest and in possession in and as to the person or persons entitled thereto on August 24, 1995; provided, that this sentence shall not apply in the construction of any instrument as to any child who is over twenty-one (21) years of age at the time of such child's adoption.
  4. (d) “Contrary intention clearly shall appear,” as set forth in this section, shall not be found by any court to exist by use in such instrument of such terms as “issue,” “children” or similar legal terms, unless the instrument specifically states that adopted children are to be excluded from such class.
  5. (e) An adopted child shall not inherit real or personal property from a biological parent or relative thereof when the relationship between them has been terminated by final order of adoption, nor shall such biological parent or relative thereof inherit from the adopted child. Notwithstanding subsection (a), if a parent of a child dies without the relationship of parent and child having been previously terminated and any other person thereafter adopts the child, the child's right of inheritance from or through the deceased biological parent or any relative thereof shall be unaffected by the adoption.
  6. (f) A final order of adoption of a child cannot require the adoptive parent to permit visitation by any other person, nor can the final order of adoption place any conditions on the adoption of the child by the adoptive parent. This statute does not prohibit the entry of an order enforcing or modifying a contract for post-adoption contact pursuant to § 36-1-145.
  7. (g) The adoption of a child shall have no effect upon arrearages owed by an obligor of child support for that child that existed prior to the termination of parental rights or to that child's adoption and that are owed by an obligor to any person or any governmental agency, nor shall it affect any other financial obligations of a person that may be related to the care of the adopted child prior to a surrender, termination of parental rights, or adoption involving that child.
§ 36-1-122. Binding effect of adoption.
  1. (a) When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law.
  2. (b)
    1. (1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law.
    2. (2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose.
    3. (3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding.
    4. (4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145.
§ 36-1-123. Biological parents illegally obtaining custody of a child — Custodial interference — Survival of existing restraining order.
  1. (a) Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to § 39-13-306.
  2. (b) A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.
§ 36-1-124. Contested terminations of parental rights and adoptions — Appeals — Expedited schedule.
  1. (a) In all cases where the termination of parental rights or adoption of a child is contested by any person or agency, the trial court shall, consistent with due process, expedite the contested termination or adoption proceeding by setting a scheduling conference within thirty (30) days of the filing of a response or answer to a petition for termination of parental rights or adoption and entering such scheduling orders as are necessary to ensure that the case is not delayed. The court shall give the case priority in setting a final hearing of the proceeding and shall be heard at the earliest possible date over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
  2. (b) In all cases that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case shall be given priority over all other civil litigation in reaching a determination on the status of the adoption, other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
  3. (c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
  4. (d) A notice of appeal in a termination of parental rights action must not be filed by an attorney who is not specifically authorized by the appellant to file a notice of appeal on the appellant's behalf.
§ 36-1-125. Confidentiality of records — Penalties for unauthorized disclosure — Protected orders.
  1. (a) All adoption records, sealed adoption records, or sealed records held by a court, the department, a licensed child-placing agency, a licensed clinical social worker or any other person, and not yet under seal, or any sealed adoption records or sealed records that have been unsealed for any reason, any post-adoption records, and any adoption assistance records are confidential and shall not be subject to disclosure except as provided in this part.
  2. (b) Adoption records, home studies or preliminary home studies may be utilized by the judge of the court, by the clerk of the court, or by the department, or by a licensed child-placing agency or a licensed clinical social worker, in any act consistent with the litigation of the adoption, custody or guardianship proceedings involving a person in any court, or for the placement, study, or supervision of a person for whom an adoption or custody or guardianship proceeding is pending in any court, and which records may be necessary to carry out such judge's, clerk's, department's, agency's, or social worker's duties consistent with the law.
  3. (c) If any adoption records, sealed adoption records, sealed records, post-adoption records, adoption assistance records, home studies, preliminary home studies or information obtained in connection therewith are required by court order under this part to be disclosed for any legal proceeding other than the adoption proceeding or termination of parental rights proceedings, the court in which they are to be utilized shall enter a protective order to restrict their further disclosure or dissemination. Such records, studies, or information shall not become a public record in any legal proceeding.
  4. (d) Unauthorized disclosure of any records, studies or information protected as confidential under this part is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony.
§ 36-1-126. Record kept under seal — Confidential records — Access to certain records — Preservation of records.
  1. (a) After the entry of the final order of adoption, all adoption records, court reports, home studies, preliminary home studies, other reports, other documents or papers, or other information concerning the placement of a person for adoption, or other information concerning the litigation of the adoption, which information is in the office of the judge or clerk of the court where the adoption was filed, or any such records, reports, or documents in the offices of a licensed child-placing agency, a licensed clinical social worker, or in the county, regional, or state offices of the department of health, or in the county, district, and state offices of the department of children's services, must be placed and remain under seal, except as provided herein or in § 36-1-118(e)(4), or in title 68, and are confidential and must be disclosed only as provided in this part.
  2. (b)
    1. (1) Upon the granting of an adoption petition, all records and reports, home studies, and preliminary home studies or other information described in subsection (a) relating to the adoption proceeding and all records, reports, and other documents related to the child's placement with the department or the licensed or chartered child-placing agency or licensed clinical social worker and with the adoptive or prospective adoptive family that are in the offices of the department or in the offices of any Tennessee licensed child-placing agency or licensed clinical social worker, shall be forwarded by the county and district offices of the department's social services division and by the licensed child-placing agency or licensed clinical social worker involved in any such proceedings to the state office of the department, which shall place the records under seal and ensure safekeeping of the records.
    2. (2) The licensed child-placing agency, chartered child-placing agency, or licensed clinical social worker shall, however, maintain a limited record that indicates the child's date of birth, the date the agency received the child for placement, from whom the child was received and that person's last known address, with whom the child was placed and that person's last known address, and the court in which the adoption proceeding was filed and the date the adoption order was entered.
    3. (3) The information in the limited record shall be confidential and not open to inspection by any person, except as provided in this part. These records shall be maintained in a locked file or other secure depository by the agency or by the licensed clinical social worker or, if kept in electronic media, shall be maintained in a method that restricts access only to authorized agency personnel or the licensed clinical social worker. The limited record shall only be accessible to authorized agency personnel or the licensed clinical social worker or to authorized personnel of the department in the performance of its duties under this part or for inspection under the department's licensing duties, or as otherwise authorized by this part.
    4. (4) For children not in the custody of the department, or upon request from the department for children in the custody of the department, upon entry of an order granting adoption, the clerk of the court where the adoption proceeding was initiated or filed shall forward a certified copy of the order to the adoptions unit in the state office of the department in Nashville.
    5. (5)
      1. (A) Any licensed child-placing agency or licensed clinical social worker that or who plans to cease conducting its activities related to the adoptive placement of children, the conduct of home studies, or any other such adoption-related services, shall notify the adoptions unit of the state office of the department in Nashville by certified mail, return receipt requested, thirty (30) days in advance, and shall forward all records related to any adoption-related services it has performed to the department.
      2. (B) The department is specifically authorized to file a complaint and seek any necessary court orders, including injunctive relief of any kind, from any chancery or circuit court to preserve those records from loss or destruction and to obtain possession of those records for their preservation.
      3. (C) Upon receipt of the records, reports, home studies and other information, the department shall take any necessary steps to preserve the records, reports, home studies and other information in accordance with this part. These records, reports, home studies and other information shall be filed as a sealed adoption record or sealed record, and all such records shall be confidential, and shall be otherwise subject to the provisions for access as provided pursuant to this part.
    6. (6)
      1. (A) The clerks of the courts of this state are specifically authorized to undertake efforts to locate in a public building in the clerks' respective counties any records of adoptions of any person by any court, including former county courts or any court that previously had adoption jurisdiction, which records may be in the control or possession of any person or entity. Upon location of these records, if a clerk determines that the information therein was the result of an adoption that was consummated and the clerk has no prior record of the adoption, then the clerk shall record the existence of this adoption record in a special docket book for this purpose, shall maintain the adoption petition, consents or surrenders, and the order in a file for that purpose under this part, and shall transmit to the department certified copies of the adoption petition, the surrenders and consents, and the order of adoption, and the originals of any remaining documents in the record that have been located.
      2. (B) Upon receipt of the record, the department shall take any necessary steps to preserve the record, and the record shall be treated as sealed adoption records pursuant to this part.
  3. (c)
    1. (1) The department shall register the sealed adoption record in such a manner as to record the names of the adopted person, the adopted person's birth name, the adopted person's date of birth and social security number, the names of the adoptive parents, and, if possible, any information concerning the names of birth parents of the adopted person that is readily accessible to the department, the court where the adoption was filed, the docket number of the court proceeding, and the date of the adoption decree; provided, that sealed records may continue to be registered and maintained under prior departmental procedures. The department may record such other information as the department deems necessary to maintain adequate information concerning the location of the sealed adoption record and the means to locate such record.
    2. (2) The department must maintain the registration records in a secure manner so that no unauthorized persons may obtain access to the records. The sealed adoption records must be placed in a separate sealed folder or in a suitable electronic media format wherein the record can be held under a separate file name.
    3. (3) Sealed records stored before July 1, 2023, must be stored with the division of records management of the department of state. Sealed records stored on or after July 1, 2023, must be stored by the department of children's services. Sealed records must be stored in a manner to protect and preserve the sealed adoption records, and the division of records management of the department of state and the department of children's services shall maintain proper security for the confidentiality of the sealed adoption records. If electronic methods are used to store the sealed adoption records, or for the recording of information contained in the sealed adoption records, then any necessary methods must be used to ensure the preservation and confidentiality of the electronic records.
  4. (d)
    1. (1) The department may open the adoption records, the sealed adoption records, sealed records, or post-adoption records, adoption assistance records, or limited records in subsection (b) in order to perform any duties required under this part, and any specific provision for access to such records contained herein shall not be construed as a limitation on the ability of the department to access such records for such purposes.
    2. (2) Notwithstanding any law to the contrary, including § 68-3-313, the department shall, upon its request, be granted access to and shall be provided a copy of the original birth certificate or any order or record of adoption of the adopted person in the custody of the division of vital records.
    3. (3) For purposes related to any federal or state audit relative to an adoption assistance program or an adoption assistance grant, the department may open any record for the sole and limited purpose of complying with the audit requirements of the federal or state program.
    4. (4) For purposes related to the determination of eligibility of any child for adoption assistance, the departments of children's services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records, or adoption assistance record for that limited purpose and may utilize any information in such records in any manner necessary for eligibility determination or adjudication of a claim for such assistance.
    5. (5)
      1. (A) For purposes related to the determination of eligibility of any adopted person or any person placed for adoption for any federal or state benefit or any other benefits to which they may be entitled, or to provide to a Title IV-D child support office information necessary to verify the status of an adoption for purposes of determining a current or past child support obligation or for terminating a future obligation for child support, the departments of children's services and finance and administration, or any successor agencies responsible for the care of children in state custody or guardianship or for administration of the finances for children in state custody or guardianship, may open any adoption record, sealed adoption record, sealed record, post-adoption record, sealed home study records or any adoption assistance record and disclose any information contained in those records that may be necessary to permit determination of:
        1. (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or
        2. (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person.
      2. (B) Any information released for any purpose of this subdivision (d)(5) shall be used only for the purposes stated in this subdivision (d)(5), and shall otherwise remain confidential in any agency or court records in which it may appear; and the information shall not be open to the public, except as otherwise provided by this part.
    6. (6) The department may open or utilize for any purpose the adoption record, sealed adoption record, sealed record or the post-adoption record at any time in order to obtain any information concerning any person who may be placed in the custody or guardianship of the department or any other agency of the state or service provider of the state by any court or by the adopted person's parents, or who may be placed with the department or any other agency of the state or service provider of the state due to any resurrender of the adopted person to the department by the adopted person's adoptive parents or the person's prospective adoptive parents.
    7. (7) The department may open the sealed adoption record or sealed record when a birth certificate in the adopted name was not issued and it becomes necessary to open the sealed adoption record to provide any information to the office of vital records to complete the birth certificate.
    8. (8) The department, the department of general services, or their specifically authorized agents, may open the sealed adoption records, sealed records, or post-adoption records at any time it becomes necessary to perform any tasks related to the preservation of the records, and each department is specifically authorized to utilize any methodology that now exists or that may be developed in the future for the permanent preservation of a sealed adoption record, sealed record or post-adoption record, and they may open the records for the limited purpose of undertaking these preservation methods. This subdivision (d)(8) shall not authorize the release of any information contained in the records to any other person or entity except as specifically authorized by this part, or as may be directly related to the preservation of the records.
    9. (9) After use of the records pursuant to this subsection (d), they shall be resealed and returned to storage.
  5. (e) In the event of an appeal from any ruling of the trial court in the adoption proceeding, the clerk shall place the court's record of the adoption proceedings in a sealed file in a locked file or other secure depository or, in the event of the use of electronic storage, the records shall be maintained in a secure method of storage that restricts access only to the clerk and other persons authorized by the court. These records shall remain confidential and shall not be open to inspection by anyone other than the trial or appellate courts, the clerk, the parties to the proceeding, or the licensed child-placing agencies, or the licensed clinical social worker, or the department or other governmental agencies that have been involved in the case, except by order of the court.
§ 36-1-127. Availability of records to adopted persons and certain other persons for adoptions finalized or attempted prior to certain dates.
  1. (a)
    1. (1) On March 16, 1951, chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, nonpublic records that were not made readily available to persons about whom the records were kept.
    2. (2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation.
    3. (3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children's home society or its branches or divisions, chartered on June 24, 1913, and authorized under chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children's home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation.
  2. (b) Effective January 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:
    1. (1)
      1. (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
      2. (B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
    2. (2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and
    3. (3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons:
      1. (A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained;
      2. (B) The parents of any person described in subdivision (b)(3)(A);
      3. (C) The siblings of any person described in subdivision (b)(3)(A);
      4. (D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A);
      5. (E) The lineal ancestors of a person described in subdivision (b)(3)(A); or
      6. (F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).
  3. (c) Effective July 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections:
    1. (1)
      1. (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons:
        1. (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained;
        2. (ii) The legal representative of a person described in subdivision (c)(1)(A)(i);
      2. (B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125, 36-1-126 and 36-1-138;
      3. (C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7), to be given access to the records of such person;
    2. (2) [Deleted by 2021 amendment.]
    3. (3) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part;
    4. (4) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part.
  4. (d) [Deleted by 2021 amendment.]
  5. (e)
    1. (1) Except in cases arising pursuant to subsection (b) or § 36-1-138, no access to identifying information in any adoption record, sealed record, sealed adoption record, post-adoption record or adoption assistance record shall be granted:
      1. (A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or
      2. (B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or
      3. (C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.
    2. (2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent.
    3. (3) Notwithstanding § 36-1-149 or another law to the contrary, no identifying information from the sealed records, sealed adoption records, or post-adoption records may be released if the biological parent of the adopted person has executed a request for redaction of identifying information, and the adopted person was less than six (6) months old at the time the request was executed. Such request for redaction must be made on a form created by the department, and may only be rescinded by submission of a sworn, notarized statement requesting such rescission. The rescission is effective upon the department's acknowledgment of receipt of the rescission.
  6. (f) [Deleted by 2021 amendment.]
  7. (g)
    1. (1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department.
    2. (2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person's care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source.
  8. (h)
    1. (1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department.
    2. (2) The writing shall include the following information:
      1. (A) The name, date of birth, address, and telephone number of the person requesting the access;
      2. (B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access;
      3. (C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and
      4. (D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b).
    3. (3) If the information in the written request does not establish the person's right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person's right to have such access.
§ 36-1-133. Release of nonidentifying information concerning biological or legal family.
  1. (a) Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record.
  2. (b) The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person unless § 36-1-138 is applicable:
    1. (1) The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth;
    2. (2) The age of the adopted person's biological relatives at the time of such person's birth;
    3. (3) The nationality, ethnic background, race and religious preference of the biological or legal relatives;
    4. (4) The educational level of the biological or legal relatives, general occupation and any talents or hobbies;
    5. (5) A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;
    6. (6) Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and
    7. (7) Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.
  3. (c) Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent or parents.
§ 36-1-134. Transmission of information between affected parties — Access to records of deceased or disabled persons — Updating of information to allow contact.
  1. (a)
    1. (1) The department, or a licensed child-placing agency or the licensed clinical social worker that has had a prior relationship with the persons stated in § 36-1-133(a) through placement of a child or through a home study process and that maintains a limited record or post-adoption record, shall, subject to the written consent of each party and only in any situation where contact has been sought, transmit between an adopted person twenty-one (21) years of age or older or a person for whom records are maintained as described in § 36-1-127(c)(1)(A), or such person's legal representative, and such person's parent, sibling, lineal ancestor or lineal descendant any written, photographic, video or audio communication that such entity may have, and that is not contained in the records of the department, the licensed child-placing agency or the licensed clinical social worker, even if no direct contact is permitted or desired.
    2. (2) If an adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is deceased, or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant § 36-1-138(c)(7), to be given access to the records of such person, and to transmit or receive the information permitted by this section.
  2. (b) The adopted person or other persons for whom records are maintained as described in § 36-1-127(c)(1)(A), or such person's legal representative may, in writing from time-to-time to the department, a licensed child-placing agency, or the licensed clinical social worker, update such person's personal information, addresses, and telephone numbers in order to allow periodic contact by the department for subsequent search requests, or for other contact by the department or the licensed child-placing agency or the licensed clinical social worker.
  3. (c) The licensed child-placing agency or licensed clinical social worker receiving any updated information pursuant to this section shall provide such information to the department to be included in the post-adoption record for future reference.
§ 36-1-135. Updated medical information in records — Searches for persons affected.
  1. (a) The department shall update its post-adoption records with any medical, psychological or psychiatric information provided by an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A), eighteen (18) years of age or older, or such person's legal representative, or by such person's adoptive or legal parent if the adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) is under eighteen (18) years of age, or which information is provided by any biological or legal relative of an adopted person or a person for whom records are maintained, as described in § 36-1-127(c)(1)(A), or such person's legal representative, which information concerns any of those persons; provided, that such information shall be provided in the form of a letter or other written evidence from a licensed health care professional or from a licensed health care facility that explains the health care status of persons who may be affected and why the transmission of such information to other persons is necessary.
  2. (b) Upon receipt of the information under subsection (a), the department shall, at no charge to any of the persons listed under subsection (a), conduct a diligent search for the person or persons who may be affected and, if located, shall notify them, their parents, if applicable, or their legal representatives, if applicable, of the availability of and the nature of this information and those persons may request that the information be provided to them. In any case, copies of all such updated information shall be maintained in the post-adoption record for future use.
  3. (c) If any of the persons listed in subsection (a) seek additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements of subsection (a), the department shall, at no charge, contact the persons who have access to or who have or may have knowledge of such information, and shall request the persons so contacted to provide such information to the department for transmittal to the treating professionals or health care facility of the requesting party. Such information shall be provided to the department by means of a specific release for a stated purpose and the release shall be time limited.
  4. (d) Any notification required to be made by the department as part of a search and information request or transmittal pursuant to this section with an adopted person or with a person for whom records are maintained, as described under § 36-1-127(c)(1)(A), who is under eighteen (18) years of age shall be made with such person's adoptive or legal parent, or with the legal representative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), or with the parents or with the legal representative of the minor biological or legal relative of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), and such parents or legal representatives shall make any decisions relative to release of information or provision of information pursuant to this section.
§ 36-1-136. Notification made as part of search, contact or identifying requests.
  1. (a)
    1. (1) Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A), shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by § 36-1-135, or with the legal representative of such persons.
    2. (2) Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A), shall be with the parents or legal representative of such biological or legal relative.
    3. (3) Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.
  2. (b) Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be:
    1. (1) By the adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by § 36-1-135;
    2. (2) By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A); or
    3. (3) By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.
§ 36-1-137. Inability of department to verify adoptive status of relationships — Waiting period to request further searches — Limitations on searches.
  1. (a) If, after reviewing the sealed adoption records, the sealed records or the post-adoption records, and any other credible evidence, and after conducting a diligent search and making any other reasonable inquiries as to the adoptive status of a requesting party or the relationship of the biological or legal relatives to the adopted person or any person for whom records are maintained as described in § 36-1-127(c)(1)(A), or of the adopted person or any person for whom records are maintained as described in § 36-1-127(c)(1)(A), to a biological or legal relative, as the case may be, the department is unable to verify the requesting party's adoptive status or the legal, biological, or sibling relationships of the persons seeking to establish contact to the persons sought or the status of any legal representatives, then the department shall notify the requesting party of this fact and the basis for the inability to verify the relationship, but shall not provide access to any record to the requesting party, or otherwise authorize contact with the person sought or transmit information between any parties.
  2. (b) No additional searches shall be required to be made pursuant to this part in an effort to establish relationships, status or contact for a period of six (6) months from the date of the department's response to the requesting party unless satisfactory evidence is presented to the department in the interim to justify additional searches or unless, in the department's discretion, circumstances warrant such further attempts.
  3. (c) [Deleted by 2021 amendment.]
  4. (d) No more than two (2) records search or contact attempts shall be required to be made by the department, unless, in the department's discretion, circumstances warrant further attempts.
§ 36-1-138. Court orders for the release of information from adoption and sealed records.
  1. (a)
    1. (1) Any necessary information in the files or the record of an adoption proceeding or in an adoption record, sealed adoption record, sealed record, post-adoption record or adoption assistance record may be disclosed pursuant to the requirements of subsection (c), to the party requiring it, upon a written, sworn motion before the court of original jurisdiction of the adoption proceeding, or, where the adoption proceeding is not yet filed, in the chancery or circuit court of the county where the record is located, or in the chancery or circuit court of any county that has a population of one hundred thousand (100,000) or greater, according to the 1990 federal census or any subsequent census.
    2. (2) Jurisdiction for motions filed pursuant to subdivision (c)(5) shall be in the chancery court for Davidson County.
    3. (3) If the court that had original jurisdiction was a county court or is a court that no longer exists, the chancery court for the county in which such court was established shall have jurisdiction to hear the motion, in addition to the circuit or chancery courts in counties with a population of one hundred thousand (100,000) or more, as established by the 1990 federal census or any subsequent census.
    4. (4) The department, licensed child-placing agency or licensed clinical social worker shall, upon request of the party seeking such information, disclose to the party the court in which such proceeding was filed and the docket number, if known to the department, or the licensed child-placing agency, or the licensed clinical social worker, or shall disclose the county in which the adoption record, sealed adoption record, or sealed record is located.
  2. (b) The motion must be served upon the commissioners of children's services and health by certified mail, return receipt requested, or by personal service upon the commissioners or a duly designated agent of either commissioner. The hearing shall not be held sooner than fifteen (15) days after the return receipt is dated or the date of personal service. Failure to obtain service on both commissioners, or any hearing held prior to the expiration of the fifteen-day service period, shall result in the order entered in the proceeding being void and of no effect whatsoever. Each commissioner shall be permitted to file a response and may appear through counsel to respond in writing or orally, and may appeal any resulting order.
  3. (c) The record of the adoption proceeding, the adoption record, sealed adoption record, sealed record, post-adoption record or adoption assistance record may be opened, under whatever conditions the court shall determine necessary, if the court finds, for good cause shown, that the best interests of the adopted person or of the public require such disclosure, and that one (1) or more of the following requirements are met:
    1. (1) The movant must show that information is needed for purposes of treating or preventing a physical, psychological or psychiatric condition affecting any person, which is clearly and specifically described by testimony or affidavit of a qualified treatment professional. For purposes of this section, “qualified treatment professional” means a person licensed by any state or federal authority or the duly authorized licensing body of any other government to provide treatment for physical, psychological or psychiatric conditions;
    2. (2) The movant must show that the information is needed for purposes of establishing legal status or standing for inheritance or for property rights determinations or for the determination of legal relationships for third parties;
    3. (3) The movant must show that the information is necessary for the movant to prosecute or defend a legal proceeding and that alternative information sources or other means of accomplishing this end are not available;
    4. (4) The movant is any public agency that requires the disclosure of the information in such record for purposes directly related to its authorized duties and that such information cannot be obtained by any other method, or that further delay in obtaining information that may be contained in such record may result in harm to the adopted person, the adopted person's biological parent or parents or biological or legal relatives, or to the public;
    5. (5) The movant is an individual who has sought disclosure under §§ 36-1-127, 36-1-133, 36-1-134 and 36-1-135, and claims to have been improperly denied access to the information so requested by the departments of children's services or health pursuant to those sections;
    6. (6) The movant is an individual who alleges wrongful denial of access pursuant to § 36-1-127(e)(1)(B) or (C); or
    7. (7) The movant is a lineal descendant of a deceased adopted person or a person for whom records are maintained as described in § 36-1-127(c)(1)(A) or is the lineal descendant of such a person who is disabled as defined for purposes of appointment of a conservator under title 34.
  4. (d) In determining whether to order disclosure of information contained in the sealed adoption record, sealed record or the post-adoption record, the court shall conduct an in camera inspection of the records and shall permit disclosure of only such information as shall be necessary to fulfill the requirements of subsection (c).
  5. (e) The departments of children's services or health may consent to the release of any sealed adoption records, sealed records or post-adoption records or records of birth under this section by an agreed order that is approved by the court if any of the conditions of subdivisions (c)(1) — (4) have been met or if the departments determine that they have been in error in refusing to release requested information pursuant to §§ 36-1-127, 36-1-133, 36-1-134 and 36-1-135.
  6. (f)
    1. (1) The court may, upon notice to the department of children's services pursuant to subsection (b), order the department to attempt to establish contact with any person or entity for the purpose of obtaining any updated medical information necessary to assist in the treatment of the adopted person or the adopted person's biological or legal relatives or any person who has filed a motion under this section.
    2. (2) If the department obtains the information sought under this subsection (f), it will report this fact to the court and shall send such information directly to the qualified treatment professional who is providing care and treatment for the person who sought the information, unless the court, for good cause entered in the record, shall order otherwise.
  7. (g) [Deleted by 2021 amendment.]
  8. (h) This section is supplemental to the previous provisions of this part permitting access to records by eligible persons without court orders and shall not be construed to be restrictive of those provisions.
§ 36-1-139. Penalty for providing false information related to information requests.
  1. Any person who or entity that knowingly provides false information to the department, a licensed child-placing agency or licensed clinical social worker, or the court in connection with any of the provisions of §§ 36-1-125 — 36-1-138 or § 36-1-141, or the rules and regulations of the department that establish procedures for search requests or access to records, commits a Class E felony.
§ 36-1-140. Immunity for actions in good faith by department personnel and immunity of certain other persons.
  1. (a) The actions of the personnel of the department, or the departments of health, finance and administration, and general services, or their successors, undertaken in the performance of their duties pursuant to §§ 36-1-125 — 36-1-138 or pursuant to § 36-2-318, or those actions of a licensed child-placing agency or licensed clinical social worker when acting pursuant to § 36-1-134, within the scope of its authority shall be presumed to be undertaken in good faith and the personnel of these departments or licensed child-placing agencies or the licensed clinical social worker and the officers and agents of the state shall thereby be entitled to absolute immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. The presumption shall only be overcome by clear and convincing evidence that the actions were malicious or were for personal gain.
  2. (b) The absolute immunity of subsection (a) shall extend to information provided by any of the entities, their officers, personnel or agents under subsection (a) that is obtained from another source and that is either incorrect or false.
  3. (c) No information that is released pursuant to this part concerning a biological or legal parent or guardian who voluntarily surrendered or consented to adoption of a child shall be the basis for any civil liability of the biological or legal parent or guardian.
§ 36-1-141. Fees for searches, and copies — Promulgation of rules — Forms.
  1. (a)
    1. (1)
      1. (A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135, and for transmission of any data in connection with such searches, for:
        1. (i) Providing any nonidentifying information; or
        2. (ii) [Deleted by 2021 amendment.]
        3. (iii) [Deleted by 2021 amendment.]
        4. (iv) Providing copies of documents.
      2. (B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay.
    2. (2) Any fees or charges received by the department pursuant to this part shall be deposited with the state treasurer in accordance with § 9-4-301.
  2. (b) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, establish forms that shall be required for use by all Tennessee courts, agencies, and persons for:
    1. (1) Surrenders and parental consents;
    2. (2) Medical and social history information required by § 36-1-111;
    3. (3) Revocation of surrenders and parental consents;
    4. (4) Consents by minors or guardians ad litem required by § 36-1-117;
    5. (5) Certifications of completion of counseling and the criteria for counseling and certifications of the completion of legal service required by § 36-1-111;
    6. (6) Disclosure forms required pursuant to this part; and
    7. (7) [Deleted by 2021 amendment.]
    8. (8) Releases of information.
  3. (c)
    1. (1) The forms required by subsection (b) shall be promulgated pursuant to the Uniform Administrative Procedures Act, and shall be mandatory forms, and shall, notwithstanding any law to the contrary, be effective as emergency rules on the dates any of the sections of this part necessitating their promulgation become effective as provided by this part; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such forms as permanent rules must be followed.
    2. (2)
      1. (A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209.
      2. (B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209. It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms.
    3. (3) Notwithstanding the provisions of the Uniform Administrative Procedures Act, or any other provision of chapter 1054 of the Public Acts of 1996, to the contrary, any forms promulgated by the department, or its successor state agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation, which forms are related to any provisions of this part for the implementation of the release of identifying information process involving the access to records pursuant to this part, shall be effective as emergency rules, following approval of such emergency rules by the attorney general and reporter, upon the date of the filing of such rules with the secretary of state; provided, that the provisions of the Uniform Administrative Procedures Act, relative to the promulgation of such rules as permanent rules must be followed.
  4. (d) Any other rules required by the departments of children's services, health, and general services to effect implementation of this part upon the effective dates of any sections in this part, including rules establishing fees and charges for services, shall, notwithstanding any law to the contrary, be effective as emergency rules on the date of filing such rules; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such rules as permanent rules must be followed.
  5. (e) The departments of children's services, health, and general services shall be authorized to promulgate such other rules pursuant to the Uniform Administrative Procedures Act, as may be necessary for the implementation of this part.
  6. (f) The departments of children's services, health and general services shall make master copies of all forms necessary for compliance with chapter 532 of the Public Acts of 1995, available to all clerks of courts with adoption or surrender jurisdiction, to the administrative office of the courts, to the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them. Such master copies may then be duplicated and such exact duplicates shall be valid for any use required by this part. Master copies may, in addition, be provided to the clerks, the administrative office of the courts, the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them by any suitable electronic medium as is deemed suitable to each of the departments for its purposes. Electronic facsimile copies of the forms prescribed under this section shall be valid for use as may be required.
§ 36-1-142. Voluntary delivery of infant — Notifications — Revocation of voluntary delivery — Termination of parental rights.
  1. (a) Notwithstanding a law to the contrary and without complying with the surrender provision of this part, a facility or newborn safety device, as defined in § 68-11-255, shall receive possession of an infant aged fourteen (14) days or younger upon the voluntary delivery of the infant by the infant's mother, pursuant to § 68-11-255.
  2. (b) The facility, a facility employee, or a member of the professional medical community at such facility, shall notify the department of children's services immediately after taking possession of an infant under this section. Upon notification, the department or the department's authorized designee shall immediately assume the care, custody, and control of such infant and shall petition the appropriate court for legal custody of such infant.
  3. (c) The facility, a facility employee, or a member of the professional medical community at such facility shall notify the office of vital records of the voluntary delivery of the infant in accordance with this section and § 68-11-255. The office of vital records shall issue a birth certificate for the child in accordance with § 68-3-307, which will supersede and invalidate any previously issued birth certificate.
  4. (d) Voluntary delivery of an infant pursuant to § 68-11-255 and failure of the mother voluntarily delivering such child to visit or seek contact with such infant for a period of thirty (30) days after the date of delivery, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days after notice was completed pursuant to this section, which shall cumulatively be no less than ninety (90) days from the date such child was voluntarily delivered to such facility or newborn safety device, shall be a basis for termination of parental rights pursuant to this part.
  5. (e)
    1. (1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f).
    2. (2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation.
  6. (f)
    1. (1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information.
    2. (2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.
    3. (3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant.
    4. (4) If an infant is abandoned pursuant to § 68-11-255, then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.
  7. (g) The department shall designate one (1) or more persons to serve as a contact in the event the mother requires additional information, including but not limited to the legal effect of voluntary delivery of the infant, revocation of voluntary delivery, availability of relevant social services and follow-up inquiries once the mother has left the facility. The department shall provide all facilities designated to receive infants under this section with the name, phone number and other necessary information regarding such contact person.
§ 36-1-143. Post-adoption services to support permanency in adoption.
  1. (a) The department shall provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption.
  2. (b) The department shall provide the following post-adoption services either directly or through purchase of service providers:
    1. (1) Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers;
    2. (2) Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit;
    3. (3) Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused;
    4. (4) Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems;
    5. (5) Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis;
    6. (6) Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and
    7. (7) Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption.
  3. (c) Post-adoption services are available to:
    1. (1) Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and
    2. (2) Biological families of children adopted through the department.
  4. (d) Nothing in this section shall be construed to prevent access to records of the adopted person as otherwise permitted or required by this part.
  5. (e) It is the legislative intent that this section shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations.
§ 36-1-144. Categories of information to be provided to adoptive family.
  1. (a) To provide full disclosure about a child to be adopted from the department's guardianship, the department shall provide to the adoptive family the following categories of information, to the extent that they are available:
    1. (1) Historical and current health information;
    2. (2) Historical and current educational information;
    3. (3) Historical and current mental and behavioral health information;
    4. (4) Nationality, ethnic background, race, and religious preference;
    5. (5) Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality;
    6. (6) Relevant information about the child's experience in foster care and reasons for coming into care;
    7. (7) Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and
    8. (8) A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance.
  2. (b) The department shall also provide the following categories of nonidentifying information about the child's biological or legal family, to the extent that they are available:
    1. (1) Historical and current health information;
    2. (2) Historical and current educational and occupational information;
    3. (3) Historical and current mental and behavioral health information;
    4. (4) Nationality, ethnic background, race, and religious preference; and
    5. (5) A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family.
  3. (c) Nothing in this section shall be construed to authorize or require the release of information that may lead to the discovery of the identity or location of the biological or legal relatives of the child to be adopted.
§ 36-1-145. Written contract for post-adoption contact between certain parties — Requirements — Enforcement — Modification — Termination.
  1. (a) A prospective adoptive parent or an adoptive parent and a biological parent; or a prospective adoptive parent or an adoptive parent, a biological parent, and a child who is fourteen (14) years of age or older who is being adopted or who has been adopted, may voluntarily enter into a written contract for post-adoption contact that permits continued contact between legal relatives and the child. Unless expressly designated as a moral agreement only and that the agreement is not intended to be legally enforceable, a written agreement executed in accordance with this section is a contract for post-adoption contact, and is enforceable pursuant to this section. A subject child fourteen (14) years of age or older is a necessary party to a contract for post-adoption contact and is deemed to have the capacity to enter into a contract for purposes of this section.
  2. (b) A contract for post-adoption contact may provide for privileges regarding an adopted child, including, but not limited to, visitation with the child, contact with the child, sharing of information about the child, or sharing of information about biological parents or adoptive parents.
  3. (c) A contract for post-adoption contact must be in writing and signed by all parties to the agreement and is enforceable pursuant to this section. A verbal agreement or written statement not signed by all parties is not enforceable under this section. A provision of a contract for post-adoption contact permitting contact between an adopted child and a person legally restrained from contact with the child, or with children generally, is not enforceable under this section. A contract for post-adoption contact becomes enforceable under this section upon finalization of the anticipated adoption. Unless the parties state otherwise in the contract, a contract for post-adoption contact may be enforceable until the child being adopted reaches eighteen (18) years of age.
  4. (d) As used in this section, “parties” means the prospective adoptive parent or adoptive parent, the biological parent, and the child if the child is fourteen (14) years of age or older at the time of the contract, but excludes any third-party beneficiary to the contract.
  5. (e) A contract for post-adoption contact must contain the following warnings in at least fourteen (14) point boldface type:
    1. (1) After the entry of an order of adoption, an adoption cannot be set aside due to the failure of an adoptive parent, a biological parent, or the child to follow the terms of this contract or a later change to this contract; and
    2. (2) A disagreement between the parties or litigation brought to enforce or modify this contract shall not affect the validity of the adoption and cannot serve as a basis for orders affecting the custody of the child.
  6. (f) Except as otherwise provided in subdivision (j)(5), the court issuing the order of adoption has continuing jurisdiction over enforcement or modification of a contract for post-adoption contact.
  7. (g) A party to a contract for post-adoption contact may file the original contract with the court having jurisdiction over the adoption if the contract provides for court enforcement or if the contract is silent as to the issue of enforcement. A contract filed with the adoption court must be filed in the adoption action, unless an action to enforce the contract is filed. An action to enforce the contract is a new and independent action.
  8. (h) A contract for post-adoption contact may be modified or terminated by voluntary execution of a modification or termination agreement by all living parties to the original contract. A modified contract for post-adoption contact may be filed with the court if the contract provides for court enforcement or the contract is silent as to enforcement.
  9. (i) A court shall not set aside an order of adoption, rescind a waiver of interest or surrender, or modify an order terminating parental rights due to the failure of a party to comply with any or all the original terms of, or subsequent modifications to, a contract for post-adoption contact.
  10. (j) A biological parent shall not petition the court for modification of a contract for post-adoption contact. Only the adoptive parent or the child may petition the court to modify a contract for post-adoption contact. For purposes of this section, a petition to terminate a post-adoption contract will be considered a petition for modification of the contract. Any party may petition the court for enforcement of a contract for post-adoption contact. Enforcement or modification of an enforceable contract for post-adoption contact must be initiated by an appropriate party as follows:
    1. (1) By delivering a letter, by certified mail or personal service, to all other parties to the contract stating with reasonable particularity the enforcement or modification sought and the reason for such request;
    2. (2) The party against whom enforcement or modification is sought has thirty (30) days after receipt of the letter to provide a response;
    3. (3) If no response is received within thirty (30) days, or the response is not satisfactory to the party initiating enforcement or modification, the adoptive parent must seek and obtain, at the parent's own expense, a written opinion from a licensed psychological professional holding a certification equal to or greater than that of clinical social worker as to the child's best interests on the issue or issues raised and a recommendation as to whether any or all of the requested enforcement or modification should occur, including any other recommendations based on the child's best interests regarding the child's relationship to the parties. The opinion of the psychological professional must be completed and provided to the other parties by the adoptive parents within ninety (90) days of the delivery of the initial notice;
    4. (4) If the professional recommendation does not result in a resolution of the issues, or if the adoptive parent fails to obtain the opinion of a psychological professional within the time provided, the parties shall attend mediation within thirty (30) days of the release of the written recommendation or within one hundred twenty (120) days of the delivery of the initial notice. The parties may agree on a mediator, or a party otherwise authorized to do so under this section may file a petition for modification or enforcement of the contract before the court that issued the order of adoption and request appointment of a mediator. The adoptive parent is responsible for the mediation costs; and
    5. (5) If the issues raised are not resolved after two (2) mediation sessions, the mediation reaches an impasse as determined by the mediator, or the opposing party refuses to participate in mediation, a party, if permitted under this section, may petition the court that issued the order of adoption for relief. If the court that issued the order of adoption is not a Tennessee court and a biological parent residing in Tennessee is seeking enforcement of a contract for post-adoption contact, then the biological parent may petition for enforcement of the contract in a court with adoption jurisdiction in the county where the biological parent resides. If at that time no party resides in this state, the petition may be filed in a court with adoption jurisdiction where the child resides. Tennessee law applies to enforcement of contracts made pursuant to this section regardless of where the action is filed. The burden of proof is on the party seeking enforcement or modification. The standard of proof is a preponderance of the evidence. The best interests of the child must be the court's primary test for determining whether the contract should be modified or enforced, but the good faith of all parties, any change in circumstances since the contract was executed, and each party's compliance with the contract to date, are also relevant considerations. The court may consider such other evidence as is appropriate to reach an equitable resolution.
  11. (k) Any further requests for enforcement or modification based on the same or similar allegations made by the same party must be filed at the expense of the moving party directly in the court that granted the order for adoption. A party determined by the court to be noncompliant must overcome a presumption of bad faith.
  12. (l) Court costs and attorney fees incurred by any party to the contract and the fees of any attorney for the child incurred under subsection (j)(5) may be taxed to all or any parties. The good faith and means of each party are to be primary considerations for apportionment of fees and expenses.
  13. (m) Should an adoptive parent lose legal custody of the child, the process in this section to enforce a contract for post-adoption contact must be suspended until such time as custody is restored. However, a subsequent custodian may choose to comply with the contract as a moral agreement.
  14. (n)
    1. (1) A guardian ad litem appointed for the subject child in a contested termination of parental rights is not a necessary party to a contract for post-adoption contact. Parties to a proposed agreement shall offer the guardian ad litem an opportunity to participate in the negotiation of the agreement and to review the final agreement before it is executed, and shall provide to the guardian ad litem a copy of the contract for post-adoption contact after it is executed.
    2. (2) If the contract for post-adoption contact is part of an agreed resolution to a contested termination of parental or guardianship rights action, then the child's guardian ad litem shall advocate for the best interest of the child before the execution of the agreement. The guardian ad litem may request a hearing before the court, prior to resolution of the termination of parental or guardianship rights action, to offer evidence regarding whether the contract for post-adoption contact serves the child's best interest. The court may consider the terms of a contract for post-adoption contact in determining whether termination of parental or guardianship rights is in the best interest of the child.
    3. (3) A contract for post-adoption contact may not expand or extend the duties of the guardian ad litem after the final resolution of the case in which the guardian ad litem is appointed. If a court determines that a child requires a guardian ad litem in an action to enforce or modify a contract for post-adoption contact, the court may make a new guardian ad litem appointment.
§ 36-1-146. Rebuttable presumption that guardian ad litem's fees divided equally between parties.
  1. If a court appoints a guardian ad litem in a pending adoption proceeding, there will be a rebuttable presumption that the guardian ad litem's fees shall be divided equally between the parties, excluding the person being adopted; provided, that if a party is found by the court to be indigent, the guardian ad litem shall charge that party's portion of the fees to the state through the administrative office of the courts claims and payment system, and bill the remaining parties at the same hourly rate as paid by the administrative office of the courts claims and payment system.
§ 36-1-147. Private licensed child-placing agencies.
  1. (a) To the extent allowed by federal law, no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.
  2. (b) To the extent allowed by federal law, the department of children's services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
  3. (c) To the extent allowed by federal law, a state or local government entity shall not deny to a private licensed child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
  4. (d) Refusal of a private licensed child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action for either damages or injunctive relief.
§ 36-1-148. Immunization not condition of adoption — Exceptions.
  1. (a) The department shall not require an individual or members of the individual's household to undergo an immunization as a condition of adopting unless the child is under eighteen (18) months of age or has significant documented medical needs that would necessitate the caregiver or members of the caregiver's household being immunized.
  2. (b) If an individual or member of the individual's household objects to an immunization on the basis of religious or moral convictions, then the exceptions in subsection (a) must not apply and the department shall not require the individual or member of the individual's household to undergo any immunization as a condition of adopting.
§ 36-1-149. Confidential adoption record as public records and open to inspection after 100 years have elapsed.
  1. Notwithstanding § 36-1-102, § 36-1-125, § 36-1-126, § 36-1-127, § 68-3-313, or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record.
Part 2 Interstate Compact on Adoption and Medical Assistance
§ 36-1-201. Terms of compact.
  1. The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
      1. INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
        1. Article I. Findings
          1. The party states find that:
            1. (1) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance (usually on a continuing basis) in meeting the high costs of supporting and providing for the special needs and services required by such children;
            2. (2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability and general support and encouragement required by such children to surmount their physical, mental or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship;
            3. (3) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children;
            4. (4) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services; and
            5. (5) The necessary assurance of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services, and medical assistance.
        2. Article II. Purposes
          1. The purposes of this compact are to:
            1. (1) Strengthen protections for the interest of the children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments; and
            2. (2) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.
        3. Article III. Definitions
          1. As used in this compact, unless the context clearly requires a different construction:
            1. (1) “Adoption assistance” means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state;
            2. (2) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case;
            3. (3) “Child with special needs” means a minor who has not yet attained the age at which the state normally discontinues children's services or twenty-one (21) years of age, where the state determines that the child's disabilities warrant the continuation of assistance, for whom the state has determined the following:
              1. (A) That the child cannot or should not be returned to the home of the child's parents;
              2. (B) That there exists with respect to the child a specific factor or condition (such as the child's ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or disabilities) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance;
              3. (C) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments;
            4. (4) “Parents” means either the singular or plural of the word “parent;”
            5. (5) “Residence state” means the state of which the child is a resident by virtue of the residence of the adoptive parents; and
            6. (6) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
        4. Article IV. Adoption Assistance
          1. (1) Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws. The provisions of this Article and of Article V are subject to the limitation set forth in this paragraph.
          2. (2) The adoption assistance and medical assistance services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the time of the final decree of adoption or the interlocutory decree of adoption, as the case may be, pursuant to the laws of the adoption assistance state. In addition to the content required by subsequent provisions of this Article for adoption assistance agreements, each such agreement shall state whether the initial adoption assistance period thereunder begins with the final or interlocutory decree of adoption. Aid provided by party states to children with special needs during the preadoptive placement period or earlier shall be under the foster care or other programs of the states and, except as provided in paragraph 3 of this Article, shall not be governed by the provisions of this compact.
          3. (3) Every case of adoption assistance shall include an adoption assistance agreement between the adoptive parents and the agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the adoption assistance, as follows:
            1. (A) An express commitment that the adoption assistance shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance;
            2. (B) A provision setting forth with particularity the types of child care and services toward which the adoption assistance state will make payments;
            3. (C) A commitment to make medical assistance available to the child in accordance with Article V of this compact; and
            4. (D) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them.
          4. (4) Any services or benefits provided by the residence state and the adoption assistance state for a child may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other and beneficiaries of adoption assistance agreements with other party states in implementing benefits expressly included in adoption assistance agreements. However, it is recognized and agreed that in general children to whom adoption assistance agreements apply are eligible for benefits under the child welfare, education, rehabilitation, mental health and other programs of their state of residence on the same basis as other resident children.
          5. (5) Adoption assistance payments, when made on behalf of a child in another state, shall be made on the same basis and in the same amounts as they would be made if the child were in the state making the payments.
        5. Article V. Medical Assistance
          1. (1) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor by the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.
          2. (2) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.
          3. (3) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.
          4. (4) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.
          5. (5) A child whose residence is changed from one (1) party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.
        6. Article VI. Joinder and Withdrawal
          1. (1) This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.
          2. (2) In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented the full text of the compact, together with a notice of its execution, shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.
          3. (3) Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one (1) year after it is given in accordance with the requirements of this paragraph.
          4. (4) All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.
§ 36-1-202. Amount of assistance.
  1. The amounts of adoption assistance and other aid that Tennessee will provide to children with special needs in accordance with Article IV of the Interstate Compact on Adoption and Medical Assistance shall be determined in accordance with § 37-5-106(a)(13).
§ 36-1-203. Documentation of eligibility.
  1. For the purpose of determining eligibility for any benefit under this part from the state of Tennessee, the adoptive parents of any child on whose behalf benefits are sought shall annually furnish the department of children's services documentation establishing that the adoption assistance agreement continues in force or has been renewed.
§ 36-1-204. Applicability of part.
  1. This part shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Eligibility of all other children for assistance pursuant to adoption assistance agreements entered into by this state shall be determined in accordance with the laws and regulations applicable thereto.
§ 36-1-205. Violations — Penalties.
  1. Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any assistance on behalf of a child or other person pursuant to the Interstate Compact on Adoption Assistance and Medical Assistance to which such child or other person is not entitled or assistance greater than such child or other person is entitled, commits a Class E felony.
§ 36-1-206. Construction — Compliance with federal laws.
  1. This compact shall, insofar as practical, be construed to be in compliance with all federal laws governing adoption assistance and payment for medical assistance. In the event subsequent changes in federal law or regulations necessitate changes in the text of the compact, the commissioner of children's services is authorized to promulgate such regulations as may be necessary to alter the terms of the compact to comply with federal law or regulations.
Chapter 2 Parentage
Part 3 Parentage and Legitimation
§ 36-2-301. Statement of purpose.
  1. This chapter provides a single cause of action to establish parentage of children other than establishment by adoption pursuant to chapter 1 of this title, or by acknowledgement of parentage pursuant to § 68-3-203(g), § 68-3-302 or § 68-3-305(b).
§ 36-2-302. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Child born out of wedlock” means a child born to parents who are not married to each other when the child was born;
    2. (2) “Court” means the juvenile court or any trial court with general jurisdiction;
    3. (3) “Father” means the biological father of a child born out of wedlock;
    4. (4) “Mother” means the biological mother of a child born out of wedlock;
    5. (5) “Parent” means the biological mother or biological father of a child, regardless of the marital status of the mother and father; and
    6. (6) “Father,” “mother,” and “parent” do not include a biological parent whose parental rights have been terminated for a child whose parentage is at issue.
§ 36-2-303. Custody with mother absent an order of custody.
  1. Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.
§ 36-2-304. Presumption of parentage.
  1. (a) A man is rebuttably presumed to be the father of a child if:
    1. (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 within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
    2. (2) Before the child's birth, the man and the mother have attempted to marry each other in compliance with the law, although the attempted marriage is or could be declared illegal, void and voidable;
    3. (3) After the child's birth, the man and the mother have married or attempted to marry each other in compliance with the law although such marriage is or could be declared illegal, void, or voidable; and:
      1. (A) The man has acknowledged his paternity of the child in a writing filed under the putative father registry established by the department of children services, pursuant to § 36-2-318;
      2. (B) The man has consented in writing to be named the child's father on the birth certificate; or
      3. (C) The man is obligated to support the child under a written voluntary promise or by court order;
    4. (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
    5. (5) Genetic tests have been administered as provided in § 24-7-112, an exclusion has not occurred, and the test results show a statistical probability of parentage of ninety-five percent (95%) or greater.
  2. (b)
    1. (1) Except as provided in subdivision (b)(2), a presumption under subsection (a) may be rebutted in an appropriate action.
    2. (2)
      1. (A) If the mother was legally married and living with her husband at the time of conception and has remained together with that husband through the date a petition to establish parentage is filed and both the mother and the mother's husband file a sworn answer stating that the husband is the father of the child, any action seeking to establish parentage must be brought within twelve (12) months of the birth of the child. In the event that an action is dismissed based upon the filing of such a sworn answer, the husband and wife who filed such sworn answer shall be estopped to deny paternity in any future action.
      2. (B) A petition to establish parentage may be brought under this part if a dismissal of a petition under the prior legitimization statutes was based upon the mother's marriage to another man at the time of conception or upon the petitioner's lack of standing. In such cases, the requirements of subdivision (b)(2)(A) requiring a petition to be filed within twelve (12) months of the birth of the child shall not apply. It is the intent of the general assembly that putative fathers who filed a cause of action under this chapter prior to the July 1, 1997, effective date of Acts 1997, ch. 477, and whose action was so dismissed, shall have an opportunity to prosecute a single cause of action under this part. Thus, the doctrines of res judicata and collateral estoppel shall not bar such new or pending action, nor shall any statute of limitation that may have run bar such new or pending action. It is the clear and unequivocal intent of the general assembly that this provision shall be applied retroactively to such petitions to establish parentage. No such retroactive application shall, however, abrogate § 36-1-122.
    3. (3) The standard of proof in an action to rebut paternity shall be by preponderance of the evidence.
    4. (4) In any case, except terminations of parental rights or adoptions under this title or title 37, in which the paternity of a child is at issue and an agreed order or divorce decree has been entered finding that an individual is not the parent of the child, the finding shall not be entitled to preclusive effect unless the finding was based upon scientific tests to determine parentage that excluded the individual from parentage of the child in question.
  3. (c) All prior presumptions of parentage established by the previous paternity and legitimation statutes and cases are abolished.
§ 36-2-305. Agreement to establish parentage — Complaint to establish parentage — Parties — When action may be brought — Order of protection.
  1. (a) The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of § 36-2-311.
  2. (b)
    1. (1) Absent an agreement or an acknowledgement of parentage as prescribed by § 68-3-203(g), § 68-3-302, or § 68-3-305(b), a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b).
    2. (2) A complaint to establish parentage of a child may be filed by:
      1. (A) The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend;
      2. (B) The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian;
      3. (C) A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative;
      4. (D) The department of human services or its contractor.
    3. (3) One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child.
    4. (4) If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing.
    5. (5) If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter.
    6. (6) The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.
§ 36-2-306. Statute of limitations.
  1. An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. This chapter shall not affect the relationship of parent and child as established in § 31-2-105.
§ 36-2-307. Jurisdiction — Venue.
  1. (a)
    1. (1) The juvenile court or any trial court with general jurisdiction shall have jurisdiction of an action brought under this chapter; provided, that, in any county having a population not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census, only the juvenile court shall have jurisdiction of an action brought under this chapter.
    2. (2) The court shall have statewide jurisdiction over the parties involved in the case.
  2. (b) Any minimum contact relevant to a child's being born out of wedlock that meets constitutional standards shall be sufficient to establish the jurisdiction of the courts of Tennessee over the parents for an action under this chapter. Any conduct in Tennessee that results in conception of a child born out of wedlock shall be deemed sufficient contact to submit the parents to the jurisdiction of the courts of Tennessee for action under this chapter.
  3. (c)
    1. (1) The complaint may be filed in the county where the father resides or is found, the county where the mother resides or is found, or the county in which the child resides or is present when the application is made. However, a man who seeks to establish parentage of a child who is the subject of a pending petition for adoption pursuant to chapter 1, part 1 of this title, must file this petition in the court where the adoption petition is filed.
    2. (2) Any complaint to establish parentage that may be filed or that is pending in any court subsequent to the filing of an adoption petition involving the same child shall be transferred for any further proceedings to the court where the adoption proceedings are pending on motion of any party to the paternity complaint or the adoption petition, on the court's own motion, or upon the request of the court in which an adoption petition is pending.
    3. (3) The adoption court shall have exclusive jurisdiction to determine the issues relating to the parentage of the child.
    4. (4) Any order of parentage entered by any court other than the adoption court subsequent to the date of the adoption petition is filed shall be void, unless the adoption petition is denied or dismissed.
§ 36-2-308. Conduct of trial — Expedited hearings.
  1. (a) The trial shall be without a jury.
  2. (b) Hearings under this section shall be expedited on the court's civil docket.
  3. (c) Upon proper motion, default judgment shall be entered against the defendant upon showing of service of process on the defendant where the defendant has failed to answer or make an appearance within thirty (30) days of service of process.
  4. (d) Bills for the mother's care during pregnancy and childbirth and genetic testing shall be admissible without requiring third party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.
§ 36-2-309. Tests to determine parentage.
  1. (a) Tests for parentage in actions arising pursuant to this part or in any actions to determine parentage shall be conducted pursuant to § 24-7-112.
  2. (b) The state of Tennessee, its officers, employees, agents or contractors shall not be liable to any person for, nor be ordered to refund to any person, any moneys received pursuant to an order entered pursuant to this part that is subsequently set aside by the court due to a finding of nonpaternity of the person previously adjudicated as the child's father. Nothing in this subsection (b) shall preclude the issuance of a judgment against the mother or actual biological father of the child or children in favor of the person subsequently found not to be the father of a child or children.
§ 36-2-310. Temporary order of support.
  1. The court shall, upon motion of the party, enter a temporary order of child support pending the final determination of paternity upon a showing of clear and convincing evidence of parentage on the basis of genetic tests.
§ 36-2-311. Order of parentage.
  1. (a) Upon establishing parentage, the court shall make an order declaring the father of the child. This order shall include the following:
    1. (1) Full names and residential and mailing addresses of the mother, father and child, if known;
    2. (2) Dates of birth and social security numbers of the mother, father and the child, if known;
    3. (3) Father's place of birth, if known;
    4. (4) Home telephone number of the mother and the father, if known;
    5. (5) Driver license numbers of mother and father, if known;
    6. (6) Name, address and telephone number of mother and father's employers, if known;
    7. (7) Availability of health insurance to cover the child, if known;
    8. (8) Determination of the child's name on the child's birth certificate;
    9. (9) Determination of the custody of the child pursuant to chapter 6 of this title;
    10. (10) Determination of visitation or parental access pursuant to chapter 6 of this title;
    11. (11)
      1. (A) Determination of child support pursuant to chapter 5 of this title. When making retroactive support awards pursuant to the child support guidelines established pursuant to this subsection (a), the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the child's birth:
        1. (i) The extent to which the father did not know, and could not have known, of the existence of the child, the birth of the child, his possible parentage of the child or the location of the child;
        2. (ii) The extent to which the mother intentionally, and without good cause, failed or refused to notify the father of the existence of the child, the birth of the child, the father's possible parentage of the child or the location of the child; and
        3. (iii) The attempts, if any, by the child's mother or caretaker to notify the father of the mother's pregnancy, or the existence of the child, the father's possible parentage or the location of the child;
      2. (B) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate in order to provide for the best interests of the child or the equity between the parties;
      3. (C) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence:
        1. (i) The father has a demonstrated history of violence or domestic violence toward the mother, the child's caretaker or the child;
        2. (ii) The child is the product of rape or incest of the mother by the father of the child;
        3. (iii) The mother or caretaker of the child, or the child has a reasonable apprehension of harm from the father or those acting on his behalf toward the mother, the child's caretaker or the child; or
        4. (iv) The father or those acting on his behalf, have abused or neglected the child;
      4. (D) Nothing in this subdivision (a)(11) shall limit the right of the state of Tennessee to recover from the father expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child where appropriate;
      5. (E) Any amounts of retroactive support ordered that have been assigned to the state pursuant to § 71-3-124 shall be subject to the child support distribution requirements of 42 U.S.C. § 657. In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts;
      6. (F) In making any deviations from awarding retroactive support, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court;
      7. (G)
        1. (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following:
          1. (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
          2. (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
          3. (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601;
        2. (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (a)(11)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent;
        3. (iii) Upon a finding of good cause in accordance with this subdivision (a)(11)(G), the court may order retroactive support from the date the court determines to be equitable and just;
        4. (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (a)(11)(G) is applicable;
        5. (v) Nothing in this subdivision (a)(11)(G) limits any claim for retroactive child support owed to the department of human services;
    12. (12) Determination of liability for funeral expense to either or both parties, if the child is deceased;
    13. (13) Determination of liability for a mother's reasonable expenses for her pregnancy, confinement and recovery to either or both parties; and
    14. (14) Determination of the liability for counsel fees to either or both parties after consideration of all relevant factors.
  2. (b) This order may include the following:
    1. (1) An order of protection; and
    2. (2) Any provision determined to be in the best interests of the child.
  3. (c) All provisions of chapter 5 of this title that relate to child support and § 50-2-105 shall apply to support orders issued in any action under this chapter.
  4. (d)
    1. (1)
      1. (A) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (d)(1)(A)(i)-(iii), the child's or children's:
        1. (i) Full name and any change in name;
        2. (ii) Social security number and date and place of birth;
        3. (iii) Residential and mailing addresses;
        4. (iv) Home telephone numbers;
        5. (v) Driver license number;
        6. (vi) The name, address, and telephone number of the person's employer;
        7. (vii) The availability and cost of health insurance for the child; and
        8. (viii) Gross annual income.
      2. (B) The requirements of this subdivision (d)(1) may be included in the court's order.
    2. (2) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (d)(1) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (d), procedures for complying with this subsection (d) and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.
    3. (3) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records as required in subdivision (d)(1) shall be deemed to satisfy due process requirements for notice and service of process with respect to that party if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
  5. (e) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victim or victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order but may not be held liable for release of such information.
§ 36-2-312. Custody and visitation issues.
  1. (a) In any case that is brought by the department of human services or its contractors, the Title IV-D child support office shall have no authority to represent the state of Tennessee on issues of custody or parental access. The fact that custody and parental access are sought in a petition that is filed by the department or its contractors to comply with this part, or that the court orders the department or its contractors to enter the finding of fact or the conclusions of law of the court relative to a custody or parental access determination in its order, shall not be deemed to make the department or its contractors responsible for presenting any evidence on these issues or to have any continuing duty to present evidence on these issues in any subsequent hearing. The department or its contractors shall have the duty to inform the individuals in the Title IV-D case that the department or its contractors will not provide legal assistance relative to custody or parental access and that the individual has a right to independent counsel for such representation.
  2. (b) The department may apply for and utilize any federal grants for the purpose of implementing a pilot project for access and visitation programs. The department may contract with other persons or entities to establish the pilot projects that will be administered by the department; provided, that in establishing any such pilot project through contract, the department shall give preference to existing family preservation services programs, family resource centers, headstart programs and other established programs for children.
§ 36-2-313. Inheritance of child from father — Information to commissioner of health — Recovery of fees paid by the department of health — New birth certificates.
  1. (a) When, under this chapter, the relationship of father and child is established, the child shall be entitled to inherit from the father as if born to the father in wedlock.
  2. (b) When an order of parentage has been entered, the clerk of the court shall transmit to the commissioner of health, on a form prescribed by the commissioner, a written notification as to such order, together with such other facts as may assist in identifying the birth record of the child whose parentage is at issue. The form shall contain at a minimum the information required by § 36-2-311(a)(1)-(8). If such order shall be abrogated by a later judgment or order of the same or a higher court, that fact shall be immediately communicated in writing to the commissioner, on a form prescribed by the commissioner, by the clerk of the court that entered such order, if the information is available in the court records.
  3. (c) The court shall include in each order of parentage an order that the nonprevailing party or, if parentage was not contested, the person who is being confirmed as the father of the child by the order of parentage, pay into the court an amount equal to the sum of any fees required to be paid by the department of health, or any successor to the department, for the processing or issuance of a birth certificate. Any money paid into court pursuant to this subsection (c) shall be received by the clerk and paid out by the clerk as required by subsection (d).
  4. (d) When an order of parentage has been entered, the clerk of the court shall immediately transmit a certified copy of the order and the completed application for a new certificate of birth by parentage to the registrar of vital records, who shall issue a new certificate of birth by parentage in conformity with the rules and regulations of the department of health. Upon receipt of the fee required by the department of health, the clerk shall transmit the fee to the registrar of vital records. Notwithstanding any law or regulation to the contrary, the registrar shall not be required to issue a new certificate of birth until the fee is paid.
§ 36-2-314. Expedited hearings and appeals in contested child custody cases involving unmarried parties.
  1. (a) In all contested custody cases involving unmarried parties and where a paternity test by an accredited laboratory is known to exist or has been requested of or by the court, the court shall, consistent with due process, expedite the contested custody proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
  2. (b) In all contested custody cases involving unmarried parties that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested custody case if a paternity test by an accredited laboratory is a part of the record, by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority over all other civil litigation, other than contested adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
  3. (c) It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a contested custody proceeding involving unmarried parties and a paternity test by an accredited laboratory not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than adoption and termination of parental rights cases pursuant to § 36-1-124 and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
§ 36-2-315. Appeals.
  1. An appeal from any final order of parentage as provided for in this chapter may be taken to the court of appeals pursuant to the Tennessee Rules of Appellate Procedure.
§ 36-2-316. Discrimination against children born out of wedlock — Penalty.
  1. (a) No child born out of wedlock shall be deprived of any civil benefit afforded to other citizens by law.
  2. (b) Any person, including any employee or official of any governmental agency, who deprives any person of any civil benefit afforded to other citizens by law, by reason of the child being born out of wedlock, commits a Class C misdemeanor.
§ 36-2-317. Official references to illegitimacy.
  1. No explicit references shall be made to illegitimacy in any legal proceeding, record, certificates or other papers except the departments of human services and health may keep records of out-of-wedlock births.
§ 36-2-318. Putative father registry.
  1. (a) The department of children's services shall establish a putative father registry, which shall be maintained by the department's adoptions unit in the department's state office in Nashville.
  2. (b) The registrar of the division of vital records of the department of health shall notify the department's registry of all orders of parentage received by the registrar pursuant to § 36-2-311, or of any acknowledgements of parentage received by the registrar pursuant to § 68-3-203(g), § 68-3-302 or § 68-3-305(b), on a form or by any electronic information exchange method agreed upon by the commissioners of children's services and health. Such notification shall occur on a daily basis in order to update the putative father registry on a current basis.
  3. (c) The registry shall contain the names of the persons listed in subdivision (e)(3) and any other information required in subdivisions (e)(1)-(3).
  4. (d)
    1. (1) Putative fathers contained on the registry must be given notice by the petitioners in proceedings for the adoption of a child and, except as they may waive their rights under subsection (f), must have their parental rights to the child terminated prior to entry of an adoption order, as may be required pursuant to chapter 1, part 1 of this title, unless they have executed a surrender, waiver of interest, or parental consent as provided in chapter 1, part 1 of this title.
    2. (2) Nothing in this section shall be construed to eliminate the requirement to terminate the parental rights of any person if such person meets all of the requirements of a legal parent pursuant to § 36-1-117, even if such person is not registered.
  5. (e) The registry shall contain the names of the following persons:
    1. (1) Those persons, their addresses, if available, the name of the child, and the name of the biological mother of the child, if available, for whom the registrar of the division of vital records has a record that an order of parentage has been entered involving any person and those persons for whom the registrar has a record of any acknowledgement of parentage executed under § 68-3-203(g), § 68-3-302 or § 68-3-305(b), and their addresses, if available, the name of the child, and the name of the biological mother of the child appearing on the acknowledgment;
    2. (2) Those persons who have filed with the registry a certified copy of a court order from this state or any other state or territory of the United States or any other country that adjudicates such person to be a father of a child born out of wedlock, and those persons who have filed with the registry a copy of a sworn acknowledgement of parentage executed pursuant to the law of this state or pursuant to the law of any other state or territory or any other country; or
    3. (3) Those persons who have filed only a written notice of intent to claim paternity of a child with the putative father registry either prior to, or within thirty (30) days after, the birth of such child.
  6. (f)
    1. (1) Those persons who have filed only a written notice of intent to claim parentage of a child pursuant to subdivisions (e)(2) and (3) shall include with such notice of such person's name, current address and current telephone number, if any, and, if filed under subdivision (e)(3), shall include the name of the child, if known, for whom such person claims parentage and the name of the child's biological mother and the current legal or physical custodian, and their address and telephone number, if known, any other information that may identify the child and the child's whereabouts. This information shall be maintained on the registry.
    2. (2) The person filing written notice of intent to claim parentage pursuant to subdivision (e)(3) shall be responsible for notifying the registry of any change of address and telephone number within ten (10) days of that change. Failure to do so within the ten-day period shall constitute a waiver of any right to notice of any proceedings for the adoption of the child for whom the person seeks to claim parentage, unless such person is otherwise entitled to notice pursuant to § 36-1-117(b) or [former] (c) [repealed].
  7. (g) A person who has filed a notice of intent to claim parentage under subdivision (e)(3) may revoke the notice at any time in writing to the registry, and upon receipt of such notification by the registry, the notice of intent to claim parentage shall be deemed a nullity as of the date it is filed.
  8. (h) Any notice of intent to claim parentage filed under subsection (e), whether revoked or still in effect, may be introduced in evidence by any other party, other than the person who filed such notice, in any proceeding in which the parentage of a child may be relevant, including proceedings seeking payment of child support, medical payments on behalf of the child, or any other payments, or that may involve the payment of damages involved in connection with such parentage.
  9. (i) Any putative father listed on the registry pursuant to subdivisions (e)(1)-(3) by the department shall be notified by the department, based upon the information filed with the registry, of any proceedings for the adoption of any child or the termination of parental rights of any child of which the department's state office adoption unit has actual notice of filing and for whom the registrant has made a claim of parentage, unless the putative father has previously executed an unrevoked surrender of the child or waiver of interest pursuant to § 36-1-111, or has consented to the child's adoption in accordance with chapter 1, part 1, of this title, or unless the putative father's parental rights have been terminated by court action.
  10. (j) A putative father listed on the registry and entitled to notice of pending adoption or termination proceedings under subdivision (e)(3) shall have thirty (30) days from the receipt of such notice to file a complaint for parentage or to intervene in the adoption proceedings or termination of parental rights proceedings for the purpose of establishing a claim to parentage of the child or to present a defense to the termination or adoption case. The failure of such putative father to file a petition to intervene shall be sufficient cause for the court where the adoption proceedings or termination proceedings are pending to terminate the parental rights, if any, of such putative father pursuant to § 36-1-113(g)(9)(A)(v).
  11. (k) At the time a person files a written notice of intent to claim paternity under subsection (e), the registry shall notify such person of the provisions of §§ 68-11-255, 36-1-142, 36-1-102(1)(A)(v), and [former] 37-2-402(1)(A)(v), concerning abandoned infants and shall inform such person that it is the duty of such person to make appropriate inquiries concerning any possibly relevant birth.
§ 36-2-319. Enrollment of child in supporting party's health care plan.
  1. (a) In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
  2. (b) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.
§ 36-2-320. License revocation requests.
  1. In establishing paternity or enforcing any provision of child support, if the party seeking to establish paternity or to enforce an order of support specifically prays for revocation of a license, or if the court determines on its own motion or on motion of the party seeking to establish paternity or seeking to enforce an order of support that an individual party has failed to comply with a subpoena or a warrant in connection with the establishment of paternity or enforcement of an order of support, the court may invoke the provisions of § 36-5-101(f)(5).
§ 36-2-321. Limitations period for child support payment orders.
  1. Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.
§ 36-2-322. Payment of overdue support for children receiving assistance.
  1. In any case in which a child is receiving assistance under a state program funded under the Social Security Act, Title IV-A (42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, chapter 3, part 1, and the payment of support for such child is overdue, then, the department of human services may issue an administrative order, directing an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support or to engage in work activities, as otherwise required and defined by § 36-5-113.
Part 4 Parentage of Children Born of Donated Embryo Transfer
§ 36-2-401. Single means of establishing parentage — Legislative intent.
  1. This chapter provides a single means to establish parentage of children born of donated embryo transfer to recipient intended parent. It is intended to promote the interests of children who may be born as a result of donated embryo transfer. It is the intent that no adoption pursuant to chapter 1 of this title or no parentage pursuant to chapter 3 of this title shall be required to create parentage in recipient intended parent pursuant to this part.
§ 36-2-402. Part definitions.
  1. As used in this part:
    1. (1) “Embryo” or “human embryo” means an individual fertilized ovum of the human species from the single-cell stage to eight-week development;
    2. (2) “Embryo parentage” means the acceptance of rights and responsibilities for an embryo by a recipient intended parent;
    3. (3) “Embryo relinquishment” or “legal transfer of rights to an embryo” means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo;
    4. (4) “Embryo transfer” means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent;
    5. (5) “Legal embryo custodian” means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and
    6. (6) “Recipient intended parent” means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
§ 36-2-403. Establishing embryo parentage — Relinquishment of rights and responsibilities.
  1. (a)
    1. (1) A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer:
      1. (A) Between legal embryo custodians and the embryo transfer clinic; or
      2. (B) Between a legal embryo custodian and each recipient intended parent.
    2. (2) The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity.
  2. (b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
  3. (c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a), the legal transfer of rights to an embryo shall be considered complete at the time of thawing or to such other time as the parties may agree, and the embryo transfer shall be authorized.
  4. (d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) shall be presumed to be the legal child of the recipient intended parent; provided, that each legal embryo custodian and each recipient intended parent has entered into a written contract pursuant to this part.
  5. (e) Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent pursuant to subsection (a) shall have no rights or responsibilities with such child and of the child to them.
Chapter 3 Marriage
Part 1 License
§ 36-3-101. Prohibited degrees of relationship.
  1. Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant.
§ 36-3-102. Second marriage before dissolution of first prohibited — Effect of absence for five years.
  1. A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living.
§ 36-3-103. License required — County of issuance.
  1. (a) Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
  2. (b) All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized.
  3. (c)
    1. (1) The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state.
    2. (2) All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.
§ 36-3-104. Conditions precedent to issuance of license.
  1. (a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.
  2. (b)
    1. (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit:
      1. (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;
      2. (B) A certified copy of the applicant's deployment orders; and
      3. (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
    2. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.
§ 36-3-105. Minimum age of applicant for license.
  1. (a) It is unlawful for any county clerk or deputy clerk in this state to issue a marriage license to any person where:
    1. (1) Either of the contracting parties is under seventeen (17) years of age; or
    2. (2) One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party.
  2. (b) Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf.
§ 36-3-106. Consent of parent, guardian, next of kin, agency or custodian — “Parent” defined.
  1. (a) When either applicant is under eighteen (18) years of age, the parents, guardian, next of kin or party having custody of the applicant shall join in the application, under oath, stating that the applicant is seventeen (17) years of age or over and that the applicant has such person's consent to marry.
  2. (b) If the applicant is in the legal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin or guardian, then such person or the duly authorized representative of such agency shall join in the application with the parent, guardian or next of kin stating, under oath, that the applicant is seventeen (17) years of age but less than eighteen (18) years of age and that the applicant has such person's consent to marry. This subsection (b) does not apply to applicants who are in the legal custody of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities.
  3. (c) The parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant shall join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.
  4. (d) The consent of the applicant's parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant is not required if the applicant is emancipated at the time of the application.
  5. (e) Marriage shall remove the disabilities of minority. A minor emancipated by marriage shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including voting, the use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age.
  6. (f) A minor shall be advised of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the administrative office of the courts. The fact sheet shall include referral information for legal aid agencies in this state and national hotlines for domestic violence and sexual assault.
  7. (g) As used in this section, “parent” or “parents” means a person or persons listed as a parent on the child's birth certificate or who have been adjudicated to be the legal parent of the child by a court of competent jurisdiction.
§ 36-3-108. Forced marriage prohibited — Civil action.
  1. (a) Marriage, at any age, that is entered into without valid, freely-given consent from both parties is contrary to the public policy of this state and shall be void and unenforceable in this state.
  2. (b) A person who is forced, whether by violence, threats, or coercion, to marry another shall have a cause of action against any party who forced the person to marry. A claim under this section shall not be based on parental or familial guidance motivated by the person's best interest, which is expressed in a reasonable manner.
  3. (c) Damages for a claim under this section shall include:
    1. (1) Liquidated damages of two hundred fifty thousand dollars ($250,000);
    2. (2) Reasonable attorneys' fees; and
    3. (3) Court costs.
  4. (d) Upon a finding of forced marriage, the court shall order the marriage in question void.
  5. (e) Notwithstanding § 28-3-104, an action under this section must be commenced within ten (10) years after the cause of action accrues by solemnization of marriage.
§ 36-3-109. Issuance of license to drunks, insane persons or imbeciles forbidden.
  1. No license shall be issued when it appears that the applicants or either of them is at the time drunk, insane or an imbecile.
§ 36-3-110. Contest of issuance.
  1. Any interested person shall have the right to contest the issuance of the marriage license, which contest shall be filed, heard and determined by the judge of the probate court, or judge of the juvenile court, or any judge or chancellor; provided, that such contest shall not be filed without the filing of a cost bond in the sum of at least fifty dollars ($50.00) with solvent sureties executed by the contestant, conditioned as in civil cases, and the cost of such contest shall be adjudged against the losing party.
§ 36-3-111. County clerk violating law — Penalty.
  1. Any county clerk or deputy clerk who issues a marriage license without compliance with the last sentence in § 36-3-103(c)(1), §§ 36-3-104 — 36-3-106, § 36-3-109, § 36-3-110, or § 36-3-113, and not in good faith, commits a Class C misdemeanor.
§ 36-3-112. Fraudulently signing or using false documents — Misdemeanor.
  1. Fraudulently signing or knowingly using any false document purporting to be one provided for in § 36-3-104 or § 36-3-106 is a Class C misdemeanor.
§ 36-3-113. Marriage between one man and one woman only legally recognized marital contract. [See Compiler's Note.]
  1. (a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
  2. (b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
  3. (c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
  4. (d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
Part 3 Ceremony
§ 36-3-301. Persons who may solemnize marriages.
  1. (a)
    1. (1) All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of a county, a municipality, or this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members and former members of the general assembly who have filed notice pursuant to subsection (<em>l</em>), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, district attorneys general and former district attorneys general who have filed notice pursuant to subsection (n), and the mayor of any municipality in this state may solemnize the rite of matrimony. For the purposes of this section, the several judges of the United States courts, including United States magistrates, United States bankruptcy judges, and federal administrative law judges, who are citizens of Tennessee are deemed to be judges of this state. The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, do not apply to any judge who has been convicted of a felony or who has been removed from office.
    2. (2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other religious group or organization; and such customs must provide for such ordination or designation by a considered, deliberate, and responsible act. Persons receiving online ordinations may not solemnize the rite of matrimony.
    3. (3) If a marriage has been entered into by license issued pursuant to this chapter at which any minister officiated before July 1, 2019, the marriage must not be invalid because the requirements of the preceding subdivision (a)(2) have not been met.
  2. (b) The traditional marriage rite of the Religious Society of Friends (Quakers), whereby the parties simply pledge their vows one to another in the presence of the congregation, constitutes an equally effective solemnization.
  3. (c)
    1. (1) Gratuity received by a county mayor, county clerk, member of a county legislative body, or municipal mayor for the solemnization of a marriage, whether performed during or after such person's regular working hours, must be retained by such person as personal remuneration for such services, in addition to all other sources of compensation such person might receive, and such gratuity must not be paid into the county general fund or the treasury of such municipality.
    2. (2) Notwithstanding subdivision (c)(1), a county mayor, county clerk, member of a county legislative body, and municipal mayor shall not charge a fee or demand compensation of any kind for the solemnization of a marriage under this part. Such a public officer who knowingly charges a fee or demands compensation of any kind for the solemnization of a marriage under this part commits a Class C misdemeanor, and such violation creates a rebuttable presumption that there is an actionable basis to institute ouster proceedings under title 8, chapter 47, or quo warranto proceedings under title 29, chapter 35, for the removal of the public officer from office.
  4. (d) If any marriage has been entered into by license regularly issued at which a county mayor officiated prior to April 24, 1981, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
  5. (e) For the purposes of this section, “retired judges of this state” is construed to include persons who served as judges of any municipal or county court in any county that has adopted a metropolitan form of government and persons who served as county judges (judges of the quarterly county court) prior to the 1978 constitutional amendments.
  6. (f) If any marriage has been entered into by license regularly issued at which a retired judge of this state officiated prior to April 13, 1984, such marriage shall be valid and is hereby declared to be in full compliance with the laws of this state.
  7. (g) If any marriage has been entered into by license issued pursuant to this chapter at which a judicial commissioner officiated prior to March 28, 1991, such marriage is valid and is declared to be in full compliance with the laws of this state.
  8. (h) The judge of the general sessions court of any county, and any former judge of any general sessions court, may solemnize the rite of matrimony in any county of this state. Any marriage performed by any judge of the general sessions court in any county of this state before March 16, 1994, shall be valid and declared to be in full compliance with the laws of this state.
  9. (i) All elected officials and former officials, who are authorized to solemnize the rite of matrimony pursuant to subsection (a), may solemnize the rite of matrimony in any county of this state.
  10. (j) If any marriage has been entered into by license issued pursuant to this chapter at which a county mayor officiated outside such mayor's county prior to May 29, 1997, such marriage is valid and is declared to be in full compliance with the laws of this state.
  11. (k) The judge of the municipal court of any municipality, whether elected or appointed, and any former judge of the municipal court of any municipality shall have the authority to solemnize the rite of matrimony in any county of the state.
  12. (l) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1):
    1. (1) A member of the general assembly must first opt in by filing notice of the member's intention to solemnize the rite of matrimony with the office of vital records; and
    2. (2) A former member of the general assembly must have filed notice pursuant to subdivision (<em>l</em>)(1) while serving in the general assembly.
  13. (m) A person shall not be required to solemnize a marriage.
  14. (n) In order to solemnize the rite of matrimony pursuant to subdivision (a)(1), district attorneys general and former district attorneys general must opt in by filing notice of intention to solemnize the rite of matrimony with the office of vital records.
§ 36-3-302. Formula not required.
  1. (a) No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife.
  2. (b) For the purposes of satisfying the requirement in subsection (a) that each party must make a declaration in the presence of a minister or officer, a member of the armed forces of the United States may appear at the marriage ceremony via video conferencing if:
    1. (1) The member of the armed forces is stationed in another country in support of combat or another military operation;
    2. (2) A commissioned officer is present with, and confirms the identity of, the member of the armed forces;
    3. (3) A person authorized to solemnize marriages pursuant to § 36-3-301 is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and
    4. (4) The person who is marrying the member of the armed forces is present in this state.
§ 36-3-303. Return of license to clerk — Penalty for failure to return — Society of Friends.
  1. (a) One authorized by § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor.
  2. (b) The functions, duties and liabilities of the party solemnizing marriage as set forth in this part shall, in the case of marriages solemnized among the Religious Society of Friends, be incumbent upon the clerk of the congregation, or in the clerk's absence, the clerk's duly designated alternate.
§ 36-3-304. Form of certificate.
  1. The clerk shall, on each license, place the following form of certificate, to be signed by the person solemnizing the marriage:
    1. “I solemnize the rite of matrimony between the above (or within) named parties on the day of , .”
§ 36-3-305. Solemnizing marriage between incapable persons — Misdemeanor.
  1. Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing.
§ 36-3-306. Marriage consummated by ceremony not invalidated by failure to comply with law — Restriction.
  1. Failure to comply with the requirements of §§ 36-3-104 — 36-3-106, 36-3-109 — 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.
§ 36-3-307. Nickname in license does not invalidate marriage.
  1. Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized.
§ 36-3-308. Marriages during War Between the States validated.
  1. All marriages contracted and entered into during the War Between the States (1861-1865) and duly solemnized, are declared valid, and the issue of these marriages are declared legitimate.
Part 4 Breach of Marriage Contract
§ 36-3-401. Proof of contract.
  1. In all actions for damages for the breach of promise or contract of marriage that may hereafter be tried in the courts of this state, unless there is written evidence of such contract, signed by the party against whom the action is brought, the alleged contract must be proved by at least two (2) disinterested witnesses before any recovery may be allowed.
§ 36-3-402. Plaintiff's testimony — Corroboration required.
  1. In any suit for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the unsupported testimony of the plaintiff shall not be sufficient to prove such contract, and proof of the association of the parties shall not be sufficient corroboration.
§ 36-3-403. Questions considered in determining damages.
  1. In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.
§ 36-3-404. Measure of damages when defendant over sixty (60) years of age.
  1. In all suits for damages for breach of promise or contract of marriage that may be tried in the courts of this state, where the defendant is more than sixty (60) years of age at the time the case is tried, proof of damages shall be limited to the actual financial loss of the plaintiff up to the date of the trial and no punitive damages shall be allowed.
§ 36-3-405. Joinder with other actions prohibited.
  1. No action for the breach of promise of marriage can be joined or tried with any other action for damages.
Part 5 Property Rights of Spouses
§ 36-3-501. Enforcement of antenuptial agreements.
  1. Notwithstanding any other law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms.
§ 36-3-502. Creditor's rights.
  1. (a) No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage, and such estate as the husband at the time of the husband's marriage shall be possessed of, after deducting the just debts by the husband then due and owing.
  2. (b) In case of any suit upon any such marriage contract, where any creditor is a party, the burden of proof lies upon the person claiming under such marriage contract.
  3. (c) In such case, any legacy given to the wife in general words, and not in trust, or any distributive share in an estate during coverture, shall be taken as a part of the portion received with the wife, and secured to those claiming under the marriage contract, to make up any deficiency created by the claims of creditors on the property conveyed in the marriage contract.
§ 36-3-503. Antenuptial debts of wife — Nonliability of husband.
  1. No husband shall be liable for the debts, contracts or obligations of the wife incurred by the wife previous to marriage.
§ 36-3-504. Disabilities of coverture removed from married women — Statute of limitations.
  1. (a) Married women are fully emancipated from all disability on account of coverture, and the common law as to the disability of married women and its effects on the rights of property of the wife, is totally abrogated, except as set out in § 36-3-505, and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition or disposition of property of any sort, or as to the wife's capacity to make contracts and to do all acts in reference to property that the wife could lawfully do, if the wife were not married, but every woman now married, or hereafter to be married, shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of, all property, real and personal, in possession, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued with all the rights and incidents thereof, as if the wife were not married.
  2. (b) All of the statutes of limitation that apply in favor of or against a feme sole, and the feme sole's property, shall apply and operate in favor of or against married women and their property.
§ 36-3-505. Tenancies by entirety unaffected.
  1. Nothing in § 36-3-504 shall be construed as abolishing tenancies by the entirety.
Part 6 Domestic Abuse
§ 36-3-601. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Abuse” means:
      1. (A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;
      2. (B) Placing an adult or minor in fear of, or in, physical harm or physical restraint;
      3. (C) Causing malicious damage to the personal property of the abused party; or
      4. (D) Intentionally engaging in behavior that amounts to financial abuse;
    2. (2) “Adult” means any person eighteen (18) years of age or older, or who is otherwise emancipated;
    3. (3)
      1. (A) “Court,” in counties having a population of not less than two hundred sixty thousand (260,000) nor more than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters;
      2. (B) Notwithstanding subdivision (3)(A), “court,” in counties with a metropolitan form of government with a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, means any court of record with jurisdiction over domestic relation matters and the general sessions court. In such county having a metropolitan form of government, a judicial commissioner may issue an ex parte order of protection. Nothing in this definition may be construed to grant jurisdiction to the general sessions court for matters relating to child custody, visitation, or support;
      3. (C) “Court,” in all other counties, means any court of record with jurisdiction over domestic relation matters or the general sessions court;
      4. (D) “Court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing ex parte orders of protection when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available;
      5. (E) In counties having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, “court” means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. In such counties, “court” also includes judicial commissioners, magistrates and other officials with the authority to issue an arrest warrant in the absence of a judge for purposes of issuing any order of protection pursuant to this part when a judge of one of the courts listed in subdivisions (3)(A), (3)(B) or (3)(C) is not available. Nothing in this definition may be construed to grant jurisdiction to the general sessions court, both criminal and civil, for matters relating to child custody, visitation, or support;
      6. (F) Any appeal from a final ruling on an order of protection by a general sessions court or by any official authorized to issue an order of protection under this subdivision (3) shall be to the circuit or chancery court of the county. Such appeal shall be filed within ten (10) days and shall be heard de novo. Unless the order expires by operation of law, an order of protection granted pursuant to this part remains in effect during the appeal;
    4. (4) “Domestic abuse” means committing abuse against a victim, as defined in subdivision (5);
    5. (5) “Domestic abuse victim” means any person who falls within the following categories:
      1. (A) Adults or minors who are current or former spouses;
      2. (B) Adults or minors who live together or who have lived together;
      3. (C) Adults or minors who are dating or who have dated or who have or had a sexual relationship. As used herein, “dating” and “dated” do not include fraternization between two (2) individuals in a business or social context;
      4. (D) Adults or minors related by blood or adoption;
      5. (E) Adults or minors who are related or were formerly related by marriage; or
      6. (F) Adult or minor children of a person in a relationship that is described in subdivisions (5)(A)-(E);
    6. (6) “Financial abuse” means behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to:
      1. (A) Restrict a person's access to money, assets, credit, or financial information;
      2. (B) Unfairly use a person's economic resources, including money, assets, and credit, to gain an advantage; or
      3. (C) Exert undue influence over a person's financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed;
    7. (7) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;
    8. (8) “Petitioner” means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection;
    9. (9) “Preferred response” means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest;
    10. (10) “Respondent” means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection;
    11. (11) “Sexual assault victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in § 39-13-502, § 39-13-503, § 39-13-506 or § 39-13-522, or sexual battery, as defined in § 39-13-504, § 39-13-505, or § 39-13-527;
    12. (12) “Stalking victim” means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in § 39-17-315; and
    13. (13) “Weapon” means a firearm or a device listed in § 39-17-1302(a)(1)-(7).
§ 36-3-602. Petition — Venue.
  1. (a) Any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by the respondent.
  2. (b) Any petition filed by an unemancipated person under eighteen (18) years of age shall be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem.
  3. (c) Venue for a petition for an order of protection, and all other matters relating to orders of protection, shall be in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of Tennessee, the petition may be filed in the county where the petitioner resides.
§ 36-3-603. Duration of protection order — Petition for protection order in divorce action.
  1. (a) If an order of protection is in effect at the time either the petitioner or respondent files a complaint for divorce, the order of protection shall remain in effect until the court to which the divorce action is assigned:
    1. (1) Modifies the order;
    2. (2) Dissolves the order; or
    3. (3) Makes the order part of the divorce decree.
  2. (b) If the court modifies the order or makes the order of protection part of the divorce decree, the court shall issue a separate order of protection.
  3. (c) The clerk shall immediately forward a copy of any order of protection issued and any subsequent modifications to the petitioner, respondent, and the local law enforcement agencies having jurisdiction in the area where the petitioner resides in the manner provided by § 36-3-609(e).
  4. (d) Nothing in this section shall prohibit a petitioner from requesting relief under this part in a divorce action.
§ 36-3-604. Forms.
  1. (a)
    1. (1) The office of the clerk of court shall provide forms that may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The clerk may obtain the most current forms by printing them from the website of the administrative office of the courts.
    2. (2) The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner.
  2. (b) The administrative office of the courts, in consultation with the domestic violence coordinating council, shall develop a petition for orders of protection form, an amended order of protection form, an ex parte order of protection form and other forms that are found to be necessary and advisable. These forms shall be revised as the laws relative to orders of protection and ex parte orders of protection are amended by the general assembly. To the extent possible, the forms shall be uniform with those promulgated by surrounding states so that Tennessee forms may be afforded full faith and credit.
  3. (c) The administrative office of the courts shall revise the petition for an order of protection form to fully advise the respondent of this part in language substantially similar to the following:
    1. (1) If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8), the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order;
    2. (2) It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8), to possess a firearm while that order is in effect; and
    3. (3) The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm.
  4. (d) These forms shall be used exclusively in all courts exercising jurisdiction over orders of protection.
§ 36-3-605. Ex parte protection order — Hearing — Extension.
  1. (a) Upon the filing of a petition under this part, the courts may immediately, for good cause shown, issue an ex parte order of protection. An immediate and present danger of abuse to the petitioner shall constitute good cause for purposes of this section.
  2. (b) Within fifteen (15) days of service of such order on the respondent under this part, a hearing must be held, at which time the court shall either dissolve any ex parte order that has been issued, or shall, if the petitioner has proved the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, extend the order of protection for a definite period of time, not to exceed one (1) year, unless a further hearing on the continuation of such order is requested by the respondent or the petitioner; in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year, after which time a further hearing must be held for any subsequent one-year period. Any ex parte order of protection must be in effect until the time of the hearing, and, if the hearing is held within fifteen (15) days of service of such order, then the ex parte order must continue in effect until the entry of any subsequent order of protection issued pursuant to § 36-3-609. If no ex parte order of protection has been issued as of the time of the hearing, and the petitioner has proven the allegation of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense by a preponderance of the evidence, then the court may, at that time, issue an order of protection for a definite period of time, not to exceed one (1) year.
  3. (c) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte order of protection, to be served upon the respondent at least five (5) days prior to such hearing. An ex parte order issued pursuant to this part shall be personally served upon the respondent. However, if the respondent is not a resident of Tennessee, the ex parte order shall be served pursuant to §§ 20-2-215 and 20-2-216. Such notice shall advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, notice of hearing and any ex parte order of protection shall also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.
  4. (d) Within the time the order of protection is in effect, any court of competent jurisdiction may modify the order of protection, either upon the court's own motion or upon motion of the petitioner. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in violation of the order, the court may extend the order of protection up to five (5) years. If a respondent is properly served and afforded the opportunity for a hearing pursuant to § 36-3-612, and is found to be in a second or subsequent violation of the order, the court may extend the order of protection up to ten (10) years. No new petition is required to be filed in order for a court to modify an order or extend an order pursuant to this subsection (d).
§ 36-3-606. Scope of protection order.
  1. (a) A protection order granted under this part to protect the petitioner from domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense may include, but is not limited to:
    1. (1) Directing the respondent to refrain from committing domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense or threatening to commit domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense against the petitioner or the petitioner's minor children;
    2. (2) Prohibiting the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
    3. (3) Prohibiting the respondent from stalking the petitioner, as defined in § 39-17-315;
    4. (4) Granting to the petitioner possession of the residence or household to the exclusion of the respondent by evicting the respondent, by restoring possession to the petitioner, or by both;
    5. (5) Directing the respondent to provide suitable alternate housing for the petitioner when the respondent is the sole owner or lessee of the residence or household;
    6. (6) Awarding temporary custody of, or establishing temporary visitation rights with regard to, any minor children born to or adopted by the parties;
    7. (7) Awarding financial support to the petitioner and such persons as the respondent has a duty to support. Except in cases of paternity, the court shall not have the authority to order financial support unless the petitioner and respondent are legally married. Such order may be enforced pursuant to chapter 5 of this title;
    8. (8) Directing the respondent to attend available counseling programs that address violence and control issues or substance abuse problems. A violation of a protection order or part of such order that directs counseling pursuant to this subdivision (a)(8) may be punished as criminal or civil contempt. Section 36-3-610(a) applies with respect to a nonlawyer general sessions judge who holds a person in criminal contempt for violating this subdivision (a)(8);
    9. (9) Directing the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. In no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation;
    10. (10) Directing the respondent to immediately and temporarily vacate a residence shared with the petitioner, pending a hearing on the matter, notwithstanding any provision of this part to the contrary;
    11. (11) Directing the respondent to pay the petitioner all costs, expenses and fees pertaining to the petitioner's breach of a lease or rental agreement for residential property if the petitioner is a party to the lease or rental agreement and if the court finds that continuing to reside in the rented or leased premises may jeopardize the life, health and safety of the petitioner or the petitioner's children. Nothing in this subdivision (a)(11) shall be construed as altering the terms of, liability for, or parties to such lease or rental agreement; or
    12. (12) Ordering a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner pursuant to § 36-3-621.
  2. (b) Relief granted pursuant to subdivisions (a)(4)-(8) shall be ordered only after the petitioner and respondent have been given an opportunity to be heard by the court.
  3. (c) Any order of protection issued under this part shall include the statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order.
  4. (d) No order of protection made under this part shall in any manner affect title to any real property.
  5. (e) An order of protection issued pursuant to this part shall be valid and enforceable in any county of this state.
  6. (f) An order of protection issued pursuant to this part that fully complies with 18 U.S.C. § 922(g)(8) shall contain the disclosures set out in § 36-3-625(a).
§ 36-3-607. Bond not required.
  1. The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part.
§ 36-3-608. Duration of protection order — Modification.
  1. (a) All orders of protection shall be effective for a fixed period of time, not to exceed one (1) year.
  2. (b) The court may modify its order at any time upon subsequent motion filed by either party together with an affidavit showing a change in circumstances sufficient to warrant the modification.
§ 36-3-609. Effectiveness of order of protection — Service.
  1. (a) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), any subsequent order of protection shall be effective when the order is entered. For purposes of this section, an order shall be considered entered when such order is signed by:
    1. (1) The judge and all parties or counsel;
    2. (2) The judge and one party or counsel and contains a certificate of counsel that a copy of the proposed order has been served on all other parties or counsel; or
    3. (3) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel.
  2. (b)
    1. (1) As used in subsection (a), service upon a party or counsel shall be made by delivering to such party or counsel a copy of the order of protection, or by the clerk mailing it to the party's last known address. In the event the party's last known address is unknown and cannot be ascertained upon diligent inquiry, the certificate of service shall so state. Service by mail is complete upon mailing. In order to complete service of process in a timely manner on a party who lives outside the county where the order was issued, the clerk may transmit the order to the sheriff in the appropriate county by facsimile or other electronic transmission.
    2. (2) Notwithstanding § 16-15-902, an ex parte order of protection may be served within one (1) year of issuance.
  3. (c) Notwithstanding when an order is considered entered under subsection (a), if the court finds that the protection of the petitioner so requires, the court may order, in the manner provided by law or rule, that the order of protection take effect immediately.
  4. (d) If the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order issued pursuant to § 36-3-605(c), an order of protection issued pursuant to this part after a hearing shall be in full force and effect against the respondent from the time it is entered regardless of whether the respondent is present at the hearing.
  5. (e) A copy of any order of protection and any subsequent modifications or dismissal shall be issued to the petitioner, the respondent, the local law enforcement agencies having jurisdiction in the area where the petitioner resides, and any court other than the issuing court in which the respondent and petitioner are parties to an action. The petitioner and respondent shall notify the judge of any such court. Upon receipt of the copy of the order of protection or dismissal from the issuing court or clerk's office, the local law enforcement agency shall take any necessary action to immediately transmit it to the national crime information center.
§ 36-3-610. Violation of order or consent agreement — Civil or criminal contempt — Financial penalty.
  1. (a) Upon violation of the order of protection or a court-approved consent agreement, the court may hold the defendant in civil or criminal contempt and punish the defendant in accordance with the law. A judge of the general sessions court shall have the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
  2. (b)
    1. (1) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates an order of protection or a court-approved consent agreement a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court.
    2. (2) The judge upon finding a violation of an order of protection or a court-approved consent order shall require a bond of the respondent until such time as the order of protection expires. Such bond shall not be less than two thousand five hundred dollars ($2,500) and shall be payable upon forfeit as provided. Bond shall be set at whatever the court determines is necessary to reasonably assure the safety of the petitioner as required. Any respondent for whom bond has been set may deposit with the clerk of the court before which the proceeding is pending a sum of money in cash equal to the amount of the bond. The clerk of the court may deposit funds received in lieu of bonds, or any funds received from the forfeiture of bonds, in an interest bearing account. Any interest received from such accounts shall be payable to the office of the clerk. Failure to comply with this subsection (b) may be punished by the court as a contempt of court as provided in title 29, chapter 9.
    3. (3) If a respondent posting bond under this subsection (b) does not comply with the conditions of the bond, the court having jurisdiction shall enter an order declaring the bond to be forfeited. Notice of the order of forfeiture shall be mailed forthwith by the clerk to the respondent at the respondent's last known address. If the respondent does not within thirty (30) days from the date of the forfeiture satisfy the court that compliance with the conditions of the bond was met, the court shall enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. The judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
    4. (4) Nothing in this section shall be construed to limit or affect any remedy in effect on July 1, 2010.
  3. (c) Upon collecting the civil penalty imposed by subsection (b), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616.
  4. (d) The proceeds of a judgment for the amount of the bond pursuant to this section shall be paid quarterly to the administrative office of the courts. The quarterly payments shall be due on the fifteenth day of the fourth month of the year; the fifteenth day of the sixth month; the fifteenth day of the ninth month; and on the fifteenth day of the first month of the next succeeding year. The proceeds shall be allocated equally on an annual basis as follows:
    1. (1) To provide legal representation to low-income Tennesseans in civil matters in such manner as determined by the supreme court as described in § 16-3-808(c); provided, that one-fourth (¼) of such funds shall be allocated to an appropriate statewide nonprofit organization capable of providing continuing legal education, technology support, planning assistance, resource development and other support to organizations delivering civil legal representation to indigents. The remainder shall be distributed to organizations delivering direct assistance to clients with Legal Services Corporation funding as referenced in the Tennessee State Plan for Civil Legal Justice approved in March, 2001, by the Legal Services Corporation;
    2. (2) To the domestic violence state coordinating council, created by title 38, chapter 12;
    3. (3) To the Tennessee Court Appointed Special Advocates Association (CASA); and
    4. (4) To Childhelp.
§ 36-3-611. Arrest for violation of protection order.
  1. (a) An arrest for violation of an order of protection issued pursuant to this part may be with or without warrant. Any law enforcement officer shall arrest the respondent without a warrant if:
    1. (1) The officer has proper jurisdiction over the area in which the violation occurred;
    2. (2) The officer has reasonable cause to believe the respondent has violated or is in violation of an order for protection; and
    3. (3) The officer has verified whether an order of protection is in effect against the respondent. If necessary, the police officer may verify the existence of an order for protection by telephone or radio communication with the appropriate law enforcement department.
  2. (b) No ex parte order of protection can be enforced by arrest under this section until the respondent has been served with the order of protection or otherwise has acquired actual knowledge of such order.
§ 36-3-612. Contempt hearing.
  1. (a) A person arrested for the violation of an order of protection issued pursuant to this part or a restraining order or court-approved consent agreement, shall be taken before a magistrate or the court having jurisdiction in the cause without unnecessary delay to answer a charge of contempt for violation of the order of protection, restraining order or court-approved consent agreement, and the court shall:
    1. (1) Notify the clerk of the court having jurisdiction in the cause to set a time certain for a hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement within ten (10) working days after arrest, unless extended by the court on the motion of the arrested person;
    2. (2) Set a reasonable bond pending the hearing on the alleged violation of the order of protection, restraining order or court-approved consent agreement; and
    3. (3) Notify the person to whom the order of protection, restraining order or court-approved consent agreement was issued to protect and direct the party to show cause why a contempt order should issue.
  2. (b) Either the court that originally issued the order of protection or restraining order or a court having jurisdiction over orders of protection or restraining orders in the county where the alleged violation of the order occurred shall have the authority and jurisdiction to conduct the contempt hearing required by subsection (a). If the violation is of a court-approved consent agreement, the same court that approved the agreement shall conduct the contempt hearing for any alleged violation of it. If the court conducting the contempt hearing is not the same court that originally issued the order of protection or restraining order, the court conducting the hearing shall have the same authority to punish as contempt a violation of the order of protection or restraining order as the court originally issuing the order.
§ 36-3-613. Leaving residence or use of necessary force — Right to relief unaffected.
  1. (a) The petitioner's right to relief under this part is not affected by the petitioner's leaving the residence or household to avoid domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense.
  2. (b) The petitioner's right to relief under this part is not affected by use of such physical force against the respondent as is reasonably believed to be necessary to defend the petitioner or another from imminent physical injury, domestic abuse, or sexual assault.
§ 36-3-614. Effect of failure to contest parentage — Order of protection pending parentage tests and comparisons.
  1. (a) Failure of a respondent to contest paternity in any proceeding commenced pursuant to this part shall not be construed as an admission of paternity by such respondent, nor shall such failure to contest be admissible as evidence against the respondent at any pending or subsequent paternity proceeding.
  2. (b) Where paternity is contested in a proceeding commenced pursuant to this part, if the court orders the parties to submit to any tests and comparisons to determine parentage authorized by § 24-7-112, the court may grant an order of protection pending the outcome of any such tests and comparisons.
§ 36-3-615. Notification to victim that family or household member arrested for assault may be released on bond.
  1. (a) After a person has been arrested for assault pursuant to § 39-13-101, aggravated assault pursuant to § 39-13-102, against a victim as defined in § 36-3-601, domestic assault pursuant to § 39-13-111, or violation of a protective order pursuant to § 39-13-113, the arresting officer shall inform the victim that the person arrested may be eligible to post bond for the offense and be released until the date of trial for the offense.
  2. (b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended to be created thereby.
§ 36-3-616. Domestic violence community education fund.
  1. (a) There is hereby established a general fund reserve to be allocated through the general appropriations act, which shall be known as the domestic violence community education fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by such revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from such reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
  2. (b) The general assembly shall appropriate, through the general appropriations act, moneys from the domestic violence community education fund to the department of human services. Such appropriations shall be specifically earmarked for the purposes set out in this section.
  3. (c) All moneys appropriated from the domestic violence community education fund shall be used exclusively by the department to provide grants to the Tennessee task force against domestic violence. The commissioner of human services shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. Such grants shall be for the purpose of providing education, training and technical assistance to communities on domestic violence.
§ 36-3-617. Protection order — Filing costs and assistance.
  1. (a)
    1. (1) Notwithstanding any other law to the contrary, no domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.
    2. (2) If the court does not issue or extend an order of protection, the court may assess all court costs, filing fees, litigation taxes and attorney fees against the petitioner if the court makes the following finding by clear and convincing evidence:
      1. (A) The petitioner is not a domestic abuse victim, stalking victim, sexual assault victim, or victim of a felony offense under title 39, chapter 13, part 1, 2, 3, or 5 and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and
      2. (B) The petitioner knew that the allegation of domestic abuse, stalking, sexual assault, or felony offense under title 39, chapter 13, part 1, 2, 3, or 5 was false at the time the petition was filed.
  2. (b)
    1. (1) The clerk of the court may provide order of protection petition forms to agencies that provide domestic violence assistance.
    2. (2) Any agency that meets with a victim in person and recommends that an order of protection be sought shall assist the victim in the completion of the form petition for filing with the clerk.
    3. (3) No agency shall be required to provide this assistance unless it has been provided with the appropriate forms by the clerk.
§ 36-3-618. Purpose — Legislative intent.
  1. The purpose of this part is to recognize the seriousness of domestic abuse as a crime and to assure that the law provides a victim of domestic abuse with enhanced protection from domestic abuse. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus, the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated.
§ 36-3-619. Officer response — Primary aggressor — Factors — Reports — Notice to victim of legal rights — Ex parte protection order.
  1. (a) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest.
  2. (b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties.
  3. (c) To determine who is the primary aggressor, the officer shall consider:
    1. (1) The history of domestic abuse between the parties;
    2. (2) The relative severity of the injuries inflicted on each person;
    3. (3) Evidence from the persons involved in the domestic abuse;
    4. (4) The likelihood of future injury to each person;
    5. (5) Whether one (1) of the persons acted in self-defense; and
    6. (6) Evidence from witnesses of the domestic abuse.
  4. (d) A law enforcement officer shall not:
    1. (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or
    2. (2) Base the decision of whether to arrest on:
      1. (A) The consent or request of the victim; or
      2. (B) The officer's perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding.
  5. (e) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer's supervisor in a manner that will permit data on domestic abuse cases to be compiled. If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties.
  6. (f) Every month, the officer's supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts.
  7. (g) When a law enforcement officer responds to a domestic abuse call, the officer shall:
    1. (1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable;
    2. (2) Advise the victim of a shelter or other service in the community;
    3. (3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement:
      1. IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights:
      2. 1. You may file a criminal complaint with the district attorney general (D.A.).
      3. 2. You may request a protection order. A protection order may include the following:
      4. (A) An order preventing the abuser from committing further domestic abuse against you;
      5. (B) An order requiring the abuser to leave your household;
      6. (C) An order preventing the abuser from harassing you or contacting you for any reason;
      7. (D) An order giving you or the other parent custody of or visitation with your minor child or children;
      8. (E) An order requiring the abuser to pay money to support you and the minor children if the abuser has a legal obligation to do so; and
      9. (F) An order preventing the abuser from stalking you.
      10. The area crisis line is
      11. The following domestic abuse shelter/programs are available to you:
      12. and
    4. (4) Offer to transport the victim to the location where arrest warrants are issued in that city or county and assist the victim in obtaining an arrest warrant against the alleged abuser.
    5. (h)
      1. (1) For good cause shown, the court may issue an ex parte order of protection pursuant to § 36-3-605 upon a sworn petition filed by a law enforcement officer responding to an incident of domestic abuse who asserts in the petition reasonable grounds to believe that a person is in immediate and present danger of abuse, as defined in § 36-3-601, and that the person has consented to the filing in writing; provided, that the person on whose behalf the law enforcement officer seeks the ex parte order of protection shall be considered the petitioner for purposes of this part.
      2. (2) The law enforcement officer may seek on behalf of the person the ex parte order regardless of the time of day and whether or not an arrest has been made.
      3. (3) If an ex parte order is issued pursuant to this section outside of the issuing court's normal operating hours:
        1. (A) The law enforcement officer, judge, or judicial official shall cause the petition and order to be filed with the court as soon as practicable after issuance, but no later than two (2) business days after issuance; and
        2. (B) The law enforcement officer shall use reasonable efforts to notify the person on whose behalf the petition was filed and provide the person with a copy of the ex parte order as soon as practicable after issuance.
      4. (4) The court shall cause a copy of the petition, a notice of the date set for the hearing, and a copy of the ex parte order of protection to be served upon the respondent in accordance with § 36-3-605(c). A hearing on whether or not the ex parte order of protection should be dissolved, extended, or modified shall be held within fifteen (15) days of service of the order on the respondent. The person who consented to the filing shall be given notice of the hearing and the right to be present at the hearing. The procedures set forth in § 36-3-605 shall apply.
      5. (5) Law enforcement officers shall not be subject to civil liability under this section for failure to file a petition or for any statement made or act performed in filing the petition, if done in good faith.
§ 36-3-620. Seizure of weapons in possession of alleged domestic abuser.
  1. (a)
    1. (1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.
    2. (2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601, a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.
  2. (b) The provisions of § 39-17-1317, relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer's supervisor pursuant to § 36-3-619(e).
  3. (c) The officer's supervisor shall include the appended information on seized weapons in the compilation of data that the officer's supervisor forwards to the administrative director of the courts pursuant to § 36-3-619(f).
§ 36-3-621. Wireless telephone service for victims of domestic violence.
  1. (a) A petitioner may, at the time of filing a petition for an order of protection, request that the court issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner:
    1. (1) Is not the account holder; and
    2. (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection (a).
  2. (b)
    1. (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) must be a separate order that is directed to the wireless telephone service provider.
    2. (2) The order must list:
      1. (A) The name and billing telephone number of the account holder;
      2. (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and
      3. (C) Each telephone number to be transferred to the petitioner.
    3. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this section.
    4. (4) The order must be served on the wireless telephone service provider's agent for service of process.
    5. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when:
      1. (A) The account holder has already terminated the account;
      2. (B) Differences in network technology prevent the functionality of a device on the network; or
      3. (C) There are geographic or other limitations on network or service availability.
  3. (c)
    1. (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b), the petitioner shall assume:
      1. (A) Financial responsibility for the transferred wireless telephone number or numbers;
      2. (B) Monthly service costs; and
      3. (C) Costs for any mobile device associated with the wireless telephone number or numbers.
    2. (2) A transfer ordered under subsection (b) does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.
  4. (d) This section does not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property under this chapter.
  5. (e) Notwithstanding any other law to the contrary, no cause of action shall lie in any court nor shall any civil, criminal, or administrative proceeding be commenced by a governmental entity against any wireless telephone service provider, or its directors, officers, employees, agents, or vendors, for:
    1. (1) Action taken in compliance with an order issued under this section;
    2. (2) A failure to process an order issued under this section, unless the failure is the result of gross negligence, which must be shown by clear and convincing evidence; or
    3. (3) Providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) or any rules promulgated under this section.
  6. (f) If an order of protection is issued, but a separate order under § 36-3-606(a)(12) did not issue at the time of the order, or if the order of protection was issued prior to the availability of the relief under § 36-3-606(a)(12), a petitioner may, at any time, petition the court issuing the order of protection to modify the order and require a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner pursuant to this section.
§ 36-3-622. Out-of-state protection orders.
  1. (a) Any valid protection order related to abuse, domestic abuse, or domestic or family violence, issued by a court of another state, tribe or territory shall be afforded full faith and credit by the courts of this state and enforced as if it were issued in this state.
  2. (b)
    1. (1) A protection order issued by a state, tribal or territorial court related to abuse, domestic abuse or domestic or family violence shall be deemed valid if the issuing court has jurisdiction over the parties and matter under the law of the issuing state, tribe or territory. There shall be a presumption in favor of validity where an order appears authentic on its face.
    2. (2) For a foreign protection order to be valid in this state, the respondent must have been given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued; provided, that in the case of ex parte orders, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process.
    3. (3) Failure to provide reasonable notice and the opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
  3. (c) A petitioner may present a certified copy of a foreign order of protection to a court having jurisdiction of orders of protection in the county in which the petitioner believes enforcement may be necessary. The clerk of such court shall receive the certified copies of any foreign order of protection and any supporting documents used to show the validity of such order and shall maintain such orders, along with any submitted documents. No costs, fees or taxes shall be charged by the clerks for this service. If an enforcement action is instituted in the court pursuant to any such order, the clerk shall file the order and shall otherwise treat the enforcement action as a case, except that all court costs, fees and litigation taxes shall be taxed by the judge at the adjudication of the enforcement action. It shall be a defense to any action taken for the enforcement of such order that the order is not valid as provided in subsection (b) or (d). No person shall present a foreign order of protection to a clerk that the person knows to no longer be in effect. A foreign order of protection shall continue in effect for the period of time specified in the order, and, if no time limitation is so specified, then the order shall continue in effect for a period of one (1) year from the date on which it is first presented to a Tennessee court pursuant to subsection (c); provided, that a continuation of any such order may be granted by the court subject to the requirements set forth in § 36-3-605.
  4. (d) A protection order entered against both the petitioner and respondent shall not be enforceable against the petitioner in a foreign jurisdiction unless:
    1. (1) The respondent filed a cross- or counter-petition, or a complaint or other written pleading was filed seeking such a protection order; and
    2. (2) The issuing court made specific findings of domestic or family violence against the petitioner.
  5. (e) The clerk shall be under no obligation to make a determination as to the validity of such orders or documentation, but shall forward a copy of the foreign protection order and any supporting documentation filed with the order to the local police or sheriff's office, as provided for in § 36-3-609.
  6. (f) Upon request, the clerk shall provide a copy of the order to the person offering the same showing proof of receipt by the clerk's office.
  7. (g) Regardless of whether a foreign order of protection has been filed in this state pursuant to this section, a law enforcement officer may rely upon a copy of any such protection order that has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign order that the order remains in effect. A law enforcement officer acting in good faith shall be immune from civil and criminal liability in any action in connection with a court's finding that the foreign order was for any reason not enforceable.
§ 36-3-623. Confidentiality of records of shelters, centers, providers.
  1. (a) The records of domestic violence shelters, rape crisis centers, and human trafficking service providers shall be treated as confidential by the records custodian of such shelters, centers, or providers unless:
    1. (1) The individual to whom the records pertain authorizes their release; or
    2. (2) A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review.
  2. (b) As used in this section, “human trafficking service providers” means agencies or groups that are incorporated as a not-for-profit organization for at least six (6) months, are tax-exempt under § 501 of the Internal Revenue Code (26 U.S.C. § 501), and that have provided services to victims of human trafficking.
§ 36-3-624. Death review teams established — Protocol — Composition of teams — Disclosure of communications — Authority to subpoena.
  1. (a) A county may establish an interagency domestic abuse death review team to assist local agencies in identifying and reviewing domestic abuse deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic abuse cases.
  2. (b) For purposes of this section, “domestic abuse” has the meaning set forth in § 36-3-601.
  3. (c) A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic abuse victims in the identification of domestic abuse, in the determination of whether domestic abuse contributed to death or whether domestic abuse had occurred prior to death but was not the actual cause of death, and in the proper written reporting procedures for domestic abuse, including the designation of the cause and mode of death.
  4. (d) County domestic abuse death review teams may be comprised of, but not limited to, the following:
    1. (1) Experts in the field of forensic pathology;
    2. (2) Medical personnel with expertise in domestic violence abuse;
    3. (3) Coroners and medical examiners;
    4. (4) Criminologists;
    5. (5) District attorneys general and city attorneys;
    6. (6) Domestic abuse shelter staff;
    7. (7) Legal aid attorneys who represent victims of abuse;
    8. (8) A representative of the local bar association;
    9. (9) Law enforcement personnel;
    10. (10) Representatives of local agencies that are involved with domestic abuse reporting;
    11. (11) County health department staff who deal with domestic abuse victims' health issues;
    12. (12) Representatives of local child abuse agencies; and
    13. (13) Local professional associations of persons described in subdivisions (d)(1)-(10), inclusive.
  5. (e) An oral or written communication or a document shared within or produced by a domestic abuse death review team related to a domestic abuse death is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic abuse death review team is confidential and not subject to disclosure or discoverable by a third party. Notwithstanding the foregoing, recommendations of a domestic abuse death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of a domestic abuse death review team.
  6. (f) To complete a review of a domestic abuse death, whether confirmed or suspected, each domestic abuse death review team shall have access to and subpoena power to obtain all records of any nature maintained by any public or private entity that pertain to a death being investigated by the team. Such records include, but are not limited to, police investigations and reports, medical examiner investigative data and reports, and social service agency reports, as well as medical records maintained by a private health care provider or health care agency. Any entity or individual providing such information to the local team shall not be held liable for providing the information.
§ 36-3-625. Dispossession of firearms.
  1. (a) Upon issuance of an order of protection that fully complies with 18 U.S.C. § 922(g)(8), the order shall include on its face the following disclosures:
    1. (1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order;
    2. (2) That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and
    3. (3) Notice of the penalty for any violation of this section and § 39-17-1307(f).
  2. (b) The court shall then order and instruct the respondent:
    1. (1) To terminate the respondent’s physical possession of the firearms in the respondent's possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours;
    2. (2) To complete and return the affidavit of firearm dispossession form created pursuant to subsection (e), which the court may provide the respondent or direct the respondent to the administrative office of the courts' website; and
    3. (3) That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act (26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and shall include these additional provisions in the content of the order.
  3. (c) Upon issuance of the order of protection, its provisions and date and time of issuance shall be transmitted to the sheriff and all local law enforcement agencies in the county where the respondent resides.
  4. (d) When the respondent is lawfully dispossessed of firearms as required by this section, the respondent shall complete an affidavit of firearms dispossession form created pursuant to subsection (e) and return it to the court issuing the order of protection.
  5. (e) The affidavit of firearms dispossession form shall be developed by the domestic violence state coordinating council, in consultation with the administrative office of the courts. Upon completion, the form shall be posted on the website of the administrative office of the courts where it can be copied by respondents or provided to them by the court or the court clerk.
  6. (f) In determining what a lawful means of dispossession is:
    1. (1) If the dispossession, including, but not limited to, the transfer of weapons registered under the National Firearms Act (26 U.S.C. §§ 5801 et seq.), that requires the approval of any state or federal agency prior to the transfer of the firearm, the respondent may comply with the dispossession requirement by having the firearm or firearms placed into a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access;
    2. (2) If the respondent is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. The order of protection shall not require the surrender or transfer of the inventory if there are one (1) or more individuals who are responsible parties under the federal license who are not the respondent subject to the order of protection.
  7. (g) A firearm subject to this section shall not be forfeited as provided in § 39-17-1317, unless the possession of the firearm prior to the entry of the order of protection constituted an independent crime of which the respondent has been convicted or the firearms are abandoned by the respondent.
  8. (h)
    1. (1) It is an offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses as required by this section.
    2. (2) A violation of subdivision (h)(1) is a Class A misdemeanor and each violation shall constitute a separate offense.
    3. (3) If the violation of subdivision (h)(1) also constitutes a violation of § 39-13-113(h) or § 39-17-1307(f), the respondent may be charged and convicted under any or all such sections.
§ 36-3-626. Authorization to carry handgun after order of protection granted and while application for temporary handgun permit pending.
  1. (a) A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to this part is authorized to, for twenty-one (21) calendar days after that order of protection is granted, carry any handgun, as defined in § 39-17-1319, that the person legally owns or possesses so long as the person has in the person's possession at all times while carrying the handgun a copy of the order of protection.
  2. (b) A person who does not apply for a temporary handgun carry permit under § 39-17-1365 within the time period set forth in § 39-17-1365(a) shall not be authorized to carry a handgun under subsection (a) once that time period has expired.
  3. (c) A person who has applied for a temporary handgun carry permit under § 39-17-1365 may continue to carry a handgun after the time period in subsection (a) has expired while that application is pending, so long as the person has in the person's possession at all times while carrying the handgun both a copy of the temporary handgun carry permit application receipt as provided by the department and a copy of the order of protection.
§ 36-3-627. Lifetime order of protection.
  1. (a)
    1. (1) Notwithstanding § 36-3-608, a victim of any of the following offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense:
      1. (A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5;
      2. (B) Harassment under § 39-17-308(b); or
      3. (C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d).
    2. (2) As used in this section, “victim” has the meaning given in § 40-38-203.
  2. (b) A petition filed by an unemancipated person under eighteen (18) years of age must be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition and notice of hearing shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed by the department or the guardian ad litem.
  3. (c) Venue for a petition for an order of protection under this section, and all other matters relating to orders of protection, is in the county where the respondent resides or the county in which the offense occurred. If the respondent is not a resident of this state, the petition may be filed in the county where the petitioner resides.
  4. (d) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent at least five (5) days prior to the hearing. The notice must advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, and notice of hearing must also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.
  5. (e) At the hearing on the petition, the court shall, if the petitioner has proved the respondent was convicted of an offense listed in subsection (a) and that the petitioner was the victim of the offense, issue a lifetime order of protection that remains in effect until the death of the petitioner or the respondent. If the petitioner has not provided proof that respondent was convicted of such an offense and that the petitioner was the victim of the offense, the court shall dismiss the petition.
  6. (f) An order of protection granted under this section must:
    1. (1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
    2. (2) Include a statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order; and
    3. (3) Be valid and enforceable in any county of this state.
  7. (g) A lifetime order of protection is effective and must be served as provided in § 36-3-609.
  8. (h)
    1. (1) Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing as provided in § 36-3-612, punish the defendant in accordance with the law. A judge of the general sessions court has the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
    2. (2) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty imposed by this subdivision (h)(2), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616.
  9. (i) An arrest for violation of a lifetime order of protection issued pursuant to this section may be with or without warrant. A law enforcement officer shall arrest the respondent without a warrant if:
    1. (1) The officer has proper jurisdiction over the area in which the violation occurred;
    2. (2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and
    3. (3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency.
Part 7 Alienation of Affections
§ 36-3-701. Tort action abolished.
  1. The common law tort action of alienation of affections is hereby abolished.
Chapter 4 Divorce and Annulment
§ 36-4-101. Grounds for divorce from bonds of matrimony.
  1. (a) The following are causes of divorce from the bonds of matrimony:
    1. (1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
    2. (2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
    3. (3) Either party has committed adultery;
    4. (4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
    5. (5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
    6. (6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
    7. (7) Either party has attempted the life of the other, by poison or any other means showing malice;
    8. (8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
    9. (9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
    10. (10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
    11. (11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
    12. (12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
    13. (13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
    14. (14) Irreconcilable differences between the parties; and
    15. (15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
  2. (b) A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.
§ 36-4-102. Legal separation.
  1. (a) A party who alleges grounds for divorce from the bonds of matrimony may, as an alternative to filing a complaint for divorce, file a complaint for legal separation. Such complaint shall set forth the grounds for legal separation in substantially the language of § 36-4-101 and pray only for legal separation or for such other and further relief to which complainant may think to be entitled. The other party may deny the existence of grounds for divorce but, unless the other party specifically objects to the granting of an order of legal separation, the court shall declare the parties to be legally separated.
  2. (b) If the other party specifically objects to legal separation, the court may, after a hearing, grant an order of legal separation, notwithstanding such objections if grounds are established pursuant to § 36-4-101. The court also has the power to grant an absolute divorce to either party where there has been an order of legal separation for more than two (2) years upon a petition being filed by either party that sets forth the original order for legal separation and that the parties have not become reconciled. The court granting the divorce shall make a final and complete adjudication of the support and property rights of the parties. However, nothing in this subsection (b) shall preclude the court from granting an absolute divorce before the two-year period has expired.
  3. (c) Legal separation shall not affect the bonds of matrimony but shall permit the parties to cease matrimonial cohabitation. The court may provide for matters such as child custody, visitation, support and property issues during legal separation upon motion by either party or by agreement of the parties.
  4. (d) Notwithstanding this section, a party who can establish grounds for divorce from the bonds of matrimony pursuant to § 36-4-101 shall be entitled to an absolute divorce pursuant to this chapter.
§ 36-4-103. Irreconcilable differences — Procedure.
  1. (a)
    1. (1) In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to § 20-2-215.
    2. (2) In lieu of service of process, the defendant may enter into a written notarized marital dissolution agreement with plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint. Such waiver of service shall be valid for a period of one hundred eighty (180) days from the date the last party signs the agreement. The agreement may include the obligation and payment of alimony, in solido or in futuro, to either of the parties, any other law notwithstanding. The signing of such an agreement shall be in lieu of service of process for the period such waiver is valid and shall constitute a general appearance before the court and answer that shall give the court personal jurisdiction over the defendant, and constitute a default judgment for the purpose of granting a divorce on the grounds of irreconcilable differences.
    3. (3) No divorce heretofore granted shall be invalid because the agreement was signed and notarized or acknowledged prior to filing under prior law before the action was filed.
  2. (b) No divorce shall be granted on the ground of irreconcilable differences unless the court affirmatively finds in its decree that the parties have made adequate and sufficient provision by written agreement for the custody and maintenance of any children of that marriage and for the equitable settlement of any property rights between the parties. If the court does not affirmatively find that the agreement is sufficient or equitable, the cause shall be continued by the court to allow further disposition by the petitioner. If both parties are present at the hearing, they may, at that time, ratify any amendments the court may have to the agreement. The amended agreement shall then become a part of the decree. The agreement shall be incorporated in the decree or incorporated by reference, and such decree may be modified as other decrees for divorce. Approval of the agreement by the court satisfies the requirements of Rule 52.01 of the Tennessee Rules of Civil Procedure, and the court is not required to make written findings of fact and conclusions of law as to whether the parties' agreed amendment makes adequate and sufficient provisions for the custody and maintenance of any children of that marriage or whether the agreement is in the best interest of the parties' children.
  3. (c)
    1. (1) Bills for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period bills for divorce must be on file shall commence on the date the original bill was filed and not on the date the bill was amended to include the ground of irreconcilable differences.
    2. (2) A divorce decree or order issued prior to March 22, 1996, in which the hearing for such divorce occurred before the specified time periods required by this subsection (c), shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
  4. (d)
    1. (1) A bill of complaint for divorce where the respondent has been personally served or acknowledged as set out in subsection (a), which includes the ground of irreconcilable differences, may be taken as confessed and a final decree entered thereon, as in other cases and without corroborative proof or testimony, §§ 36-4-107 and 36-4-114 to the contrary notwithstanding.
    2. (2) For purposes of this section, “without corroborative proof or testimony” means that the petitioner shall not be required to testify as to the material facts constituting irreconcilable differences or any attempts to reconcile such differences.
  5. (e) If there has been a contest or denial of the grounds of irreconcilable differences, no divorce shall be granted on the grounds of irreconcilable differences. However, a divorce may be granted on the grounds of irreconcilable differences where there has been a contest or denial, if a properly executed marital dissolution agreement is presented to the court.
  6. (f) Irreconcilable differences may be asserted as a sole ground for divorce or as an alternate ground for divorce with any other cause for divorce set out in § 36-4-101 or § 36-4-102.
  7. (g) Notwithstanding any law to the contrary requiring mediation, the filing with the court of a properly executed marital dissolution agreement and, if there are minor children of the marriage, a properly executed parenting plan shall serve to remove any requirement that the parties shall attend mediation. If the court does not approve either the marital dissolution agreement or the parenting plan, then any requirement to attend mediation shall be reinstated as of the date of the court's rejection of either agreement.
§ 36-4-104. Residence requirements.
  1. (a) A divorce may be granted for any of the causes referenced in § 36-4-101 if the acts complained of were committed while the plaintiff was a bona fide resident of this state or if the acts complained of were committed out of this state and the plaintiff resided out of the state at the time, if the plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint.
  2. (b) For the purposes of this section, any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of not less than one (1) year shall be presumed to be a resident of this state, and the presumption of residence shall be overcome only by clear and convincing evidence of a domicile elsewhere.
§ 36-4-105. Venue.
  1. (a) The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides.
  2. (b) Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered.
§ 36-4-106. Complaint for divorce or legal separation — Temporary injunctions.
  1. (a)
    1. (1) The complaint for divorce shall set forth the grounds for the divorce in substantially the language of § 36-4-101 or § 36-4-102, and pray only for a divorce from the defendant, or for a divorce and such other and further relief to which the complainant may think to be entitled. In cases wherein an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, setting forth the facts relied on as grounds for the divorce, with reasonable certainty as to time and place.
    2. (2) The complaint for legal separation shall set forth the grounds for legal separation in substantially the language of § 36-4-101, and pray for such further relief to which the complainant is entitled. In all cases where an answer is filed, the court shall, on motion of the defendant, require the complainant to file a bill of particulars, stating the facts relied on as a ground for legal separation, with reasonable certainty as to time and place.
  2. (b)
    1. (1) The complainant shall also allege the full name of the husband, the full maiden name of the wife, their mailing addresses, dates and places of their birth, race or color of each spouse, number of previous marriages of each spouse, date and place of the marriage of the parties, the number of their children who are minors at the time of the filing of the complaint, and any other litigation concerning the custody of those children in this or any other state in which either party has participated, as specified in § 36-6-224. Further, at the time a complaint or pleading is filed under this part, the filing party shall, simultaneously with the initial complaint or pleading filed by that party, file with the clerk a separate document that contains the full names and social security numbers, current mailing addresses and dates of birth of the husband, the wife, and those of all children born of the marriage. The filing party shall provide to the clerk one (1) eight and one-half inch by eleven inch (8½″ x 11″) envelope labeled with the names of the parties, which shall be marked with the docket number. The clerk shall file stamp the document and the envelope, store the document in the envelope, which shall be sealed, and place the sealed envelope in the case file. The social security numbers and other information filed with the clerk shall be available to the clerk of court for processing of documents and legal actions such as, but not limited to, divorce certificates, garnishments, and income assignments. On request, the sealed information shall be made available to the department of human services and any other agency required by law to have access to the information, and to other persons or agencies as ordered by the court. It shall be mandatory that every complaint filed under this chapter shall contain the foregoing information or that such information is provided by the parties and is contained in the court's records as described above prior to the entry of the final decree of divorce, unless it can be shown to the satisfaction of the court that such information could not be obtained by the complainant or petitioner by exercising due diligence or after the court has granted a reasonable time to amend the complaint. In lieu of a mailing address, either party may designate an agent for the service of process throughout the proceedings and, except as provided in subdivision (b)(2), the name and address of such agent shall be the only address used for the designating party in all petitions, pleadings, motions and orders relating to such divorce action.
    2. (2) If the complainant or the defendant shows to the satisfaction of the court in which the petition is filed that the residential address of the other party is relevant and necessary in order to prove the allegations contained in the complaint or to ascertain information necessary to determine value and/or ownership of property, or to ascertain other data necessary to evaluate and agree upon a property division or custody or defend against such allegations, the court may order either party to reveal such residential address to the other party.
    3. (3) If the complainant elects to designate an agent for service of process in lieu of the mailing address as authorized by this subsection (b) but does not designate a specific person, the complainant's attorney shall be deemed the complainant's agent for service of process.
  3. (c) Notwithstanding any other law to the contrary, the plaintiff or other party shall not be required in those counties having a divorce proctor to file an affidavit swearing that the defendant is not in the military service where:
    1. (1) The complaint states facts that would make the defendant ineligible for military service; or
    2. (2) The residence address of the defendant is set forth in the complaint, and:
      1. (A) The defendant has been personally served with service of process, or has been mailed a copy of the complaint by a divorce proctor;
      2. (B) The defendant has actual notice of the commencement of the suit;
      3. (C) Proof of mailing to the defendant of notice of the suit is exhibited to the court; or
      4. (D) The defendant is represented by an attorney.
  4. (d)
    1. (1) Upon the filing of a petition for divorce or legal separation, and upon personal service of the complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach agreement, or until the court modifies or dissolves the injunction, written notice of which shall be served with the complaint:
      1. (A)
        1. (i) An injunction restraining and enjoining both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing, without the consent of the other party or an order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from seeking broader injunctive relief from the court;
        2. (ii) Expenditures from current income to maintain the marital standard of living and the usual and ordinary costs of operating a business are not restricted by this injunction. Each party shall maintain records of all expenditures, copies of which shall be available to the other party upon request;
      2. (B) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning, or allowing to lapse for nonpayment of premiums, any insurance policy, including, but not limited to, life, health, disability, homeowners, renters, and automobile, where such insurance policy provides coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary status;
      3. (C) An injunction restraining both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party's employer;
      4. (D) An injunction restraining and enjoining both parties from hiding, destroying or spoiling, in whole or in part, any evidence electronically stored or on computer hard drives or other memory storage devices;
      5. (E) An injunction restraining both parties from relocating any children of the parties outside the state, or more than fifty (50) miles from the marital home, without the permission of the other party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such cases, upon request of the nonrelocating parent, the court will conduct an expedited hearing, by telephone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.
    2. (2) The provisions of these injunctions shall be attached to the summons and the complaint and shall be served with the complaint. The injunctions shall become an order of the court upon fulfillment of the requirements of this subsection (d). However, nothing in this subsection (d) shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction, or modification or revocation of this temporary injunction.
    3. (3) The temporary injunctions provided in this section shall only apply to the spousal parties named in the petition and shall not apply to any third party named in the petition; provided, however, that nothing in this subsection (d) shall preclude any party from applying to the court for an order of injunctive or extraordinary relief against any other party named in any petition as provided by law or rule.
§ 36-4-107. Verification of petition — Effect of noncompliance.
  1. (a) The bill or petition, except those seeking a divorce from the bonds of matrimony on the grounds of irreconcilable differences, shall be verified by an affidavit, upon oath or affirmation, before a general sessions court judge, notary public or the judge or clerk of the court, or as provided in §§ 58-1-605 — 58-1-607, that the facts stated in the bill are true to the best of the complainant's knowledge and belief for the causes mentioned in the bill. The authority conferred in §§ 58-1-605 — 58-1-607 may be exercised beyond the continental limits of the United States.
  2. (b) If the issue of whether the affidavit contains the complainant's verification that the complaint is not made out of levity or in collusion with the defendant is not raised at trial, each party waives the right to contest such issue on appeal.
  3. (c) A divorce decree or order issued prior to March 22, 1996, in which the bill or petition for such divorce did not include the affidavit of verification required by this section shall remain valid and the parties shall remain divorced. Likewise, all other issues resolved in the divorce decree, order or agreement, such as distribution of marital property, alimony, child support and custody, shall remain valid and in full force and effect.
§ 36-4-108. Security for costs — Service of process.
  1. (a) The complainant, upon giving security for costs, or otherwise complying with the law, shall have the usual process to compel the defendant to appear and answer the bill, or it may be taken for confessed, as in other chancery cases.
  2. (b) In actions for annulment of marriage, service on the defendant may be by subpoena or by publication as in divorce cases.
§ 36-4-109. Time for hearing.
  1. If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter.
§ 36-4-110. Appearance and answer.
  1. The defendant may appear according to the rules of the court and answer the bill upon oath or affirmation.
§ 36-4-111. Failure to separate not a defense.
  1. It is no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
§ 36-4-112. Defense when ground is adultery.
  1. If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
    1. (1) The complainant has been guilty of like act or crime;
    2. (2) The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
    3. (3) The complainant, if the husband, allowed the wife's prostitutions and received hire for them; or
    4. (4) The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.
§ 36-4-113. Issues — Trial by jury — New trial.
  1. Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.
§ 36-4-114. Proof required.
  1. If the defendant admits the facts charged in the bill or petition and relied upon as the ground for a divorce, or the bill is taken for confessed, the court shall, nevertheless, before decreeing a divorce, except a divorce on the ground of irreconcilable differences, hear proof of the facts alleged as aforementioned, and either dismiss the bill or petition or grant a divorce, as the justice of the case may require.
§ 36-4-115. Form of proof.
  1. Either party may take proof by depositions according to the rules or orders of the court, or have the witnesses examined in open court at pleasure.
§ 36-4-116. Affidavits of proof not required — Sworn statements concerning financial matters required — Sworn statements as evidence.
  1. (a) No judge or chancellor shall require the filing of affidavits of proof from witnesses, plaintiffs, defendants, or petitioners and respondents in support of any complaint for divorce, legal separation, separate maintenance or annulment.
  2. (b) Any such judge or chancellor may, however, require a sworn statement from such persons relative or pertaining to the income of the parties, their expenses, any real or personal property in which the parties have an interest and the extent of such parties' interest therein, and such sworn statement shall be admissible as evidence of the truth of the contents.
§ 36-4-117. Proof when ground is spouse's refusal to remove to this state.
  1. If the divorce is sought by the complainant spouse on the ground of the defendant spouse's refusal to remove with the complainant spouse to this state, and of the defendant spouse's willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the complainant spouse after the separation, and that the complainant spouse did not remove from the state where the complainant spouse resided for the purpose of obtaining a divorce.
§ 36-4-118. Proof when ground is conviction of crime.
  1. The proof that the defendant is a convict, or is sentenced to the penitentiary, if that is the cause relied upon for the divorce, shall be by the record of the conviction and sentence.
§ 36-4-119. Decree of court generally.
  1. If, upon hearing the cause, the court is satisfied that the complainant is entitled to relief, it may be granted either by pronouncing the marriage void from the beginning, or by dissolving it forever and freeing each party from the obligations thereof, or by a separation for a limited time.
§ 36-4-120. Ill conduct defense.
  1. (a) If the cause assigned for a divorce is that specified in § 36-4-101(a)(11), the defendant may make defense by alleging and proving the ill conduct of the complainant as a justifiable cause for the conduct complained of, and on making out the defense to the satisfaction of the court, the bill may be dismissed with or without costs, in the discretion of the court.
  2. (b) But, if the court is of the opinion that the complainant is entitled to relief, it may be granted, according to the prayer of the bill, by annulling the marriage, or by ordering a separation, perpetual or temporary, or such other decree as the nature and circumstances of the case require.
§ 36-4-121. Division, distribution, or assignment of marital property — Allocation of marital debt.
  1. (a)
    1. (1) In all actions for divorce or legal separation, prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, the court having jurisdiction thereof shall:
      1. (A) Equitably divide, distribute, or assign the marital property between the parties without regard to marital fault in proportions as the court deems just based on the factors set forth in subsection (c); and
      2. (B) Allocate responsibility for paying the marital debt in proportions as the court deems just based on the factors set forth in subsection (i). The court may order the payment of all or a portion of the marital debt from the marital property prior to distribution of the marital property to the parties.
    2. (2) In all actions for legal separation, the court, in its discretion, may equitably divide, distribute, or assign the marital property in whole or in part, or reserve the division or assignment of marital property until a later time. If the court makes a final distribution of marital property at the time of the decree of legal separation, then any property acquired after the date of the decree of legal separation is separate property. The court, in its discretion, may also make a final allocation of all or part of the marital debt existing at the time of the decree of legal separation, or the court may reserve the allocation of marital debt until a later time. If the court makes a final allocation of marital debt at the time of the decree of legal separation, then any debt acquired after the date of legal separation is separate debt.
    3. (3)
      1. (A) Any auction sale of property ordered pursuant to this section shall be conducted in accordance with title 35, chapter 5.
      2. (B) To this end, the court shall be empowered to effectuate its decree by divesting and reinvesting title to such property and, where deemed necessary, to order a sale of such property and to order the proceeds divided between the parties.
      3. (C) The court may order title 35, chapter 5 to apply to any sale ordered by the court pursuant to this section.
      4. (D) The court, in its discretion, may impose any additional conditions or procedures upon the sale of property in divorce cases as are reasonably designed to ensure that such property is sold for its fair market value.
  2. (b) As used in this chapter:
    1. (1) “Marital debt”:
      1. (A) Means all debt incurred by either or both spouses during the course of the marriage through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure; and
      2. (B) Includes debt incurred to pay attorney fees and expenses incurred in connection with the proceedings, and unpaid attorney fees and expenses incurred in connection with the proceedings through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure;
    2. (2)
      1. (A) “Marital property” means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing and owned by either or both spouses as of the date of filing of a complaint for divorce, except in the case of fraudulent conveyance in anticipation of filing, and including any property to which a right was acquired up to the date of the final divorce hearing, and valued as of a date as near as reasonably possible to the final divorce hearing date. In the case of a complaint for legal separation, the court may make a final disposition of the marital property either at the time of entering an order of legal separation or at the time of entering a final divorce decree, if any. If the marital property is divided as part of the order of legal separation, any property acquired by a spouse thereafter is deemed separate property of that spouse. All marital property shall be valued as of a date as near as possible to the date of entry of the order finally dividing the marital property;
      2. (B)
        1. (i) “Marital property” includes income from, and any increase in the value during the marriage of, property determined to be separate property in accordance with subdivision (b)(4) if each party substantially contributed to its preservation and appreciation;
        2. (ii) “Marital property” includes the value of vested and unvested pension benefits, vested and unvested stock option rights, retirement, and other fringe benefit rights accrued as a result of employment during the marriage;
        3. (iii) The account balance, accrued benefit, or other value of vested and unvested pension benefits, vested and unvested stock option rights, retirement, and other fringe benefits accrued as a result of employment prior to the marriage, together with the appreciation of the value, shall be “separate property.” In determining appreciation for purposes of this subdivision (b)(2)(B)(iii), the court shall utilize any reasonable method of accounting to attribute postmarital appreciation to the value of the premarital benefits, even though contributions have been made to the account or accounts during the marriage, and even though the contributions have appreciated in value during the marriage; provided, however, the contributions made during the marriage, if made as a result of employment during the marriage and the appreciation attributable to these contributions, would be “marital property.” When determining appreciation pursuant to this subdivision (b)(2)(B)(iii), the concepts of commingling and transmutation shall not apply;
        4. (iv) Any withdrawals from assets described in subdivision (b)(2)(B)(iii) used to acquire separate assets of the employee spouse shall be deemed to have come from the separate portion of the account, up to the total of the separate portion. Any withdrawals from assets described in subdivision (b)(2)(B)(iii) used to acquire marital assets shall be deemed to have come from the marital portion of the account, up to the total of the marital portion;
      3. (C) “Marital property” includes recovery in personal injury, workers' compensation, social security disability actions, and other similar actions for the following: wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property;
      4. (D) As used in this subsection (b), “substantial contribution” may include, but not be limited to, the direct or indirect contribution of a spouse as homemaker, wage earner, parent or family financial manager, together with such other factors as the court having jurisdiction thereof may determine;
      5. (E) Property shall be considered marital property as defined by this subsection (b) for the sole purpose of dividing assets upon divorce or legal separation and for no other purpose; and assets distributed as marital property will not be considered as income for child support or alimony purposes, except to the extent the asset will create additional income after the division;
    3. (3) “Separate debt” means:
      1. (A) All debt incurred by either spouse prior to the date of the marriage; and
      2. (B) All debt incurred after the entry of a decree of legal separation if the court allocated responsibility for payment of marital debt as part of the decree of legal separation;
    4. (4) “Separate property” means:
      1. (A) All real and personal property owned by a spouse before marriage, including, but not limited to, assets held in individual retirement accounts (IRAs) as that term is defined in the Internal Revenue Code of 1986 (26 U.S.C.), as amended;
      2. (B) Property acquired in exchange for property acquired before the marriage;
      3. (C) Income from and appreciation of property owned by a spouse before marriage except when characterized as marital property under subdivision (b)(1);
      4. (D) Property acquired by a spouse at any time by gift, bequest, devise or descent;
      5. (E) Pain and suffering awards, victim of crime compensation awards, future medical expenses, and future lost wages; and
      6. (F) Property acquired by a spouse after an order of legal separation where the court has made a final disposition of property.
  3. (c) In making equitable division of marital property, the court shall consider all relevant factors including:
    1. (1) The duration of the marriage;
    2. (2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
    3. (3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;
    4. (4) The relative ability of each party for future acquisitions of capital assets and income;
    5. (5)
      1. (A) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;
      2. (B) For purposes of this subdivision (c)(5), dissipation of assets means wasteful expenditures which reduce the marital property available for equitable distributions and which are made for a purpose contrary to the marriage either before or after a complaint for divorce or legal separation has been filed;
    6. (6) The value of the separate property of each party;
    7. (7) The estate of each party at the time of the marriage;
    8. (8) The economic circumstances of each party at the time the division of property is to become effective;
    9. (9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
    10. (10) In determining the value of an interest in a closely held business or similar asset, all relevant evidence, including valuation methods typically used with regard to such assets without regard to whether the sale of the asset is reasonably foreseeable. Depending on the characteristics of the asset, such considerations could include, but would not be limited to, a lack of marketability discount, a discount for lack of control, and a control premium, if any should be relevant and supported by the evidence;
    11. (11) The amount of social security benefits available to each spouse;
    12. (12) Such other factors as are necessary to consider the equities between the parties; and
    13. (13) The total amount of attorney fees and expenses paid by each party in connection with the proceedings; whether the attorney fees and expenses were paid from marital property, separate property, or funds borrowed by a party; and the reasonableness, under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct, and necessity of the attorney fees and expenses paid by each party;
  4. (d) The court may award the family home and household effects, or the right to live therein and use the household effects for a reasonable period, to either party, but shall give special consideration to a spouse having physical custody of a child or children of the marriage.
  5. (e)
    1. (1) The court may impose a lien upon the marital real property assigned to a party, or upon such party's separate real property, or both, as security for the payment of child support.
    2. (2) The court may impose a lien upon the marital real property assigned to a party as security for the payment of spouse support or payment pursuant to property division.
  6. (f)
    1. (1) If, in making equitable distribution of marital property, the court determines that the distribution of an interest in a business, corporation or profession would be contrary to law, the court may make a distributive award of money or other property in order to achieve equity between the parties. The court, in its discretion, may also make a distributive award of money or other property to supplement, facilitate or effectuate a distribution of marital property.
    2. (2) The court may provide that any distributive award payable over a period of time be secured by a lien on specific property.
  7. (g)
    1. (1) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties regarding the division of property.
    2. (2) Nothing in this section shall affect validity of an antenuptial agreement that is enforceable under § 36-3-501.
  8. (h) If an order of protection issued in or recognized by this state has been in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce, the court shall attribute any debt owed for any batterers' intervention or rehabilitation programs to the abuser only.
  9. (i)
    1. (1) In allocating responsibility for the payment of marital debt, the court shall consider the following factors:
      1. (A) The purpose of the debt;
      2. (B) Which party incurred the debt;
      3. (C) Which party benefitted from incurring the debt; and
      4. (D) Which party is best able to repay the debt.
    2. (2) In allocating responsibility for payment of unpaid attorney fees and expenses incurred in connection with the proceedings, the court shall consider the factors in subdivision (i)(1) and the following factors:
      1. (A) The total amount of attorney fees and expenses incurred by each party in connection with the proceedings;
      2. (B) The total amount of attorney fees and expenses paid by each party in connection with the proceedings;
      3. (C) Whether the attorney fees and expenses incurred by each party are reasonable under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct; and
      4. (D) Whether the attorney fees and expenses were necessary.
    3. (3) The court may order the payment of all or a portion of the marital debt from the marital property prior to the allocation of responsibility for paying marital debt by either party, and may charge the party's share of the marital estate with all or a portion of the attorney fees and expenses paid by that party.
§ 36-4-122. Costs.
  1. The court may decree costs against either party, and may award execution for the same, or, in case any estate is sequestered, or in the power of the court, or in the hands of a receiver, it may order the costs to be paid out of such property.
§ 36-4-123. Appeals.
  1. Appeals in divorce cases shall be governed by the Tennessee Rules of Appellate Procedure. Pending appeal, orders and decrees of the trial court shall have the effect prescribed by the Tennessee Rules of Civil Procedure.
§ 36-4-124. Right to remarry.
  1. When a marriage is absolutely annulled, or dissolved, the parties shall severally be at liberty to marry again.
§ 36-4-125. Legitimacy of children unaffected by divorce or annulment.
  1. The annulment or dissolution of the marriage shall not in any way affect the legitimacy of the children of the same.
§ 36-4-126. Suspension of proceedings to attempt reconciliation — Revocation.
  1. (a) During the pendency of any suit for absolute divorce, limited divorce or separate maintenance, the court having jurisdiction of the matter may, upon the written stipulation of both the husband and wife that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such time as the court, in its discretion, may determine advisable under the circumstances, so as to permit the parties to attempt such reconciliation without prejudice to their respective rights. During the period of such suspension, the parties may resume living together as husband and wife and their acts and conduct in so doing shall not be determined a condonation of any prior misconduct.
  2. (b) Such suspension may be revoked upon motion of either party by order of the court.
§ 36-4-127. Expunction of divorce records upon reconciliation of parties.
  1. Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk's duties under this section.
§ 36-4-128. Remarriage after spouse's two-year absence — Effect of spouse's return.
  1. (a) If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa.
  2. (b) Such bill or petition shall be filed within one (1) year after the return.
§ 36-4-129. Stipulated grounds and/or defenses — Grant of divorce.
  1. (a) In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses.
  2. (b) The court may, upon stipulation to or proof of any ground of divorce pursuant to § 36-4-101, grant a divorce to the party who was less at fault or, if either or both parties are entitled to a divorce or if a divorce is to be granted on the grounds of irreconcilable differences, declare the parties to be divorced, rather than awarding a divorce to either party alone.
§ 36-4-130. Mediation — Confidentiality of information and documents.
  1. (a) When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged.
  2. (b) Communications made during a mediation may be disclosed only:
    1. (1) When all parties to the mediation agree, in writing, to waive the confidentiality of the written information;
    2. (2) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation;
    3. (3) When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation;
    4. (4) When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or
    5. (5) When the disclosure reveals abuse or neglect of a child by one (1) of the parties.
  3. (c) The mediator shall not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree in writing.
§ 36-4-131. Mediation — Waiver or extension — Domestic abuse — Video conference.
  1. (a) Except as provided in subsections (b), (c) and (d), in any proceeding for divorce or separate maintenance, the court shall order the parties to participate in mediation.
  2. (b) The court may waive or extend mediation pursuant to subsection (a) for reasons including, but not limited to:
    1. (1) Any factor codified in § 36-6-409(4);
    2. (2) Either party is unable to afford the cost of the mediation, unless the cost is waived or subsidized by the state or if the cost of mediation would be an unreasonable burden on either or both of the parties;
    3. (3) The parties have entered into a written marital dissolution agreement or an agreed order resolving all of the pending issues in the divorce, except as provided in subsection (c);
    4. (4) The parties have participated in a settlement conference presided over by the court or a special master;
    5. (5) The court finds a substantial likelihood that mediation will result in an impasse; or
    6. (6) For other cause found sufficient by the court.
  3. (c) If the ground for the divorce is irreconcilable differences and the parties have filed with the court a properly executed marital dissolution agreement, and if there are minor children of the marriage, a properly executed parenting plan, the court shall not require the parties to attend mediation.
  4. (d)
    1. (1) In any proceeding for divorce or separate support and maintenance, if an order of protection issued in or recognized by this state is in effect or there is a court finding of domestic abuse or any criminal conviction involving domestic abuse within the marriage that is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer either party to mediation, only if:
      1. (A) Mediation is agreed to by the victim of the alleged domestic or family violence;
      2. (B) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
      3. (C) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a nonattorney advocate for attendance at mediation.
    2. (2) Mediation conducted pursuant to subdivision (b)(1) shall be concluded and a report provided to the court no later than one hundred eighty (180) days from the date the complaint for divorce was filed.
  5. (e) The court may order mediation between the parties to take place by video conference when appropriate.
§ 36-4-132. Appointment of guardian ad litem.
  1. (a) In an action for dissolution of marriage involving minor children, upon its own motion or upon the motion of either party, the court may appoint a guardian ad litem for any minor child of the marriage.
  2. (b) The reasonable fees or costs of the guardian ad litem shall be borne by the parties and may be assessed by the court as it deems equitable. Such fees or costs may be waived upon motion for an indigent person.
  3. (c) Any guardian ad litem appointed by the court pursuant to this section shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Such immunity shall apply in all proceedings in which such guardian ad litem may act.
§ 36-4-133. Compliance with notice of insurance termination provisions required.
  1. On and after January 1, 2007, before entering an order or decree for a divorce or a legal separation under this title, the court shall determine that the appropriate spouse has complied with § 56-7-2366, if applicable. If the court determines that the notification process has not been followed, then the court shall consider requiring the insured or covered individual to provide a health care insurance policy for the former spouse.
§ 36-4-134. Notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property.
  1. (a) Every final decree of divorce granted on any fault ground of divorce and every marital dissolution agreement shall contain a notice that the decree does not necessarily affect the ability of a creditor to proceed against a party or a party's property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt. The notice shall also state that it may be in a party's best interest to cancel, close or freeze any jointly held accounts.
  2. (b) Failure to include the notice required by subsection (a) shall not affect the validity of the decree of divorce, legal separation or annulment.
§ 36-4-135. False allegations of sexual abuse in furtherance of litigation.
  1. Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, the reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Chapter 5 Alimony and Child Support
Part 1 General Provisions
§ 36-5-101. Child support order — Jurisdiction — Amount of support — Enforcement — Modification — Insurance — Scientific parentage tests.
  1. (a)
    1. (1) Upon dissolution of a marriage, whether dissolved absolutely or by a perpetual or temporary decree of separation, the court may make an order and decree for the suitable support and maintenance of the children by either spouse or out of such spouse's property, according to the nature of the case and the circumstances of the parties, the order or decree to remain in the court's control.
    2. (2) Courts having jurisdiction of the subject matter and of the parties are hereby expressly authorized to provide for the future support of the children, in proper cases, by fixing some definite amount or amounts to be paid in monthly, semimonthly, or weekly installments, or otherwise, as circumstances may warrant, and such awards, if not paid, may be enforced by any appropriate process of the court having jurisdiction, including levy of execution.
    3. (3) In interstate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 20-29 of this chapter. In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 30 and 31 of this chapter.
    4. (4) As used in this chapter, “order,” where the context requires, includes an order concerning child or medical support issued pursuant to an administrative proceeding in any other state.
    5. (5) In establishing or enforcing any duty of support under this chapter, the court shall give full faith and credit to all paternity determinations of any other state or territory, made pursuant to a voluntary acknowledgment or pursuant to any administrative or judicial process.
    6. (6) A voluntary acknowledgment of paternity that is completed under § 68-3-203(g), § 68-3-302, or § 68-3-305(b), or under similar provisions of another state or government, when certified by the state registrar or other governmental or institutional entity maintaining the record of the acknowledgment, shall be a basis for establishing a support order without requiring any further proceedings to establish paternity.
    7. (7) The state of Tennessee, its officers, employees, agents or contractors, any counties, county officials, the clerks of any court, or any Title IV-D child support enforcement agency shall not be liable, in any case, to compensate any person for repayment of child support paid or for any other costs, as a result of the rescission pursuant to § 24-7-113 of any voluntary acknowledgment, or the rescission of any orders of legitimation, paternity, or support.
    8. (8) When a court having jurisdiction determines child support pursuant to the Tennessee child support guidelines, based on either the actual income or the court's findings of an obligor's ability to earn income, the final child support order shall create an inference in any subsequent proceeding that the obligor has the ability to pay the ordered amount until such time as the obligor files an application with the court to modify the ordered amount.
    9. (9) Where the lump sum amount of retirement or pension benefits or of balances in an individual retirement account, §§ 401(k), 403(b), 457 (26 U.S.C. §§ 401(k), 403(b) and 457), respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse's right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose.
  2. (b)
    1. (1) Notwithstanding any other law to the contrary, neither the department of human services, nor any Title IV-D child support contractor of the department, nor any recipient of public assistance in this or any other state or territory, nor any applicant for either public assistance in this or any other state or territory or for Title IV-D child support services from the department or any other Title IV-D agency in this or any other state or territory, shall be required to demonstrate to a court or administrative tribunal that the caretaker of the child for whom child support is sought is vested with any more than physical custody of the subject child or children, in order to have standing to petition for child support from the legal parent of the child or children for whom support is sought, or to seek enforcement or modification of any existing orders involving such child or children.
    2. (2) Legal custody of a child to whom a child support obligation is owed shall not be a prerequisite to the initiation of any support action or to the enforcement or modification of any support obligation in such cases, whether or not the obligation has been assigned to this state or any other state or territory by operation of law.
  3. (c)
    1. (1) The court shall set a specific amount that is due each month, to be paid in one (1) or more payments as the court directs. In making any decree or order pursuant to this section, the court shall consider § 34-1-102(b). Unless the court finds otherwise, each order made under this section shall contain the current address of the parties.
    2. (2)
      1. (A) The order or decree of the court may provide that the payments for the support of such child or children shall be paid either to the clerk of the court or directly to the spouse, or other person awarded the custody of the child or children; provided, however, that:
        1. (i) The court shall order that all child support payments based upon an income assignment issued by the clerk be paid to the clerk of the court, except as set forth in subdivision (c)(2)(A)(ii), for child support cases that are subject to the provisions for central collection and disbursement pursuant to § 36-5-116; and
        2. (ii) In all Title IV-D child support cases in which payment of child support is to be made by income assignment, or otherwise, and in all cases where payments made by income assignment based upon support orders entered on or after January 1, 1994, that are not Title IV-D support cases, but must be made to the central collection and disbursement unit as provided by § 36-5-116, and, except as may otherwise be allowed by § 36-5-501(a)(2)(B), the court shall only order that the support payments be made to the central collection and disbursement unit pursuant to § 36-5-116. No agreement by the parties in a parenting plan, either temporary or permanent, entered pursuant to chapter 6, part 4 of this title, or any other agreement of the parties or order of the court, except as may otherwise be allowed by § 36-5-501(a)(2)(B), shall alter the requirements for payment to the central collection and disbursement unit as required by § 36-5-116, and any provision of any parenting plan, agreement or court order providing for any other payment procedure contrary to the requirements of § 36-5-116, except as may otherwise be allowed by § 36-5-501(a)(2)(B), whether or not approved by the court, shall be void and of no effect. No credit shall be given by the court, the court clerk or the department of human services, for child support payments required by the support order that are made in contravention of such requirements; provided, however, that the department may make any necessary adjustments to the balances owed to account for changes in the Title IV-D or central collection and disbursement status of the support case.
      2. (B)
        1. (i)
          1. (a) When the court enters an order in which the paternity of a child is determined or support is ordered, enforced or modified for a child, each individual who is a party to any action pursuant to this part shall be immediately required to file with the court and, if the case is a Title IV-D child support case, shall immediately file with the local Title IV-D child support office, for entry into the state registry of support cases, and shall update, as appropriate, the parties' and, for subdivisions (c)(2)(B)(i)(<em>a</em>)(<em>1</em>)-(<em>3</em>), the child's or children's:
            1. (1) Full name and any change in name;
            2. (2) Date and place of birth. This information shall be filed with the court as a separate document containing the parties' and the child's or children's names, dates of birth and social security numbers. The document shall be placed in an eight and one-half inch by eleven inch (8½″ x 11″) envelope containing the style of the case and docket number of the case and the document and envelope shall be file stamped by the clerk, and filed under seal in the case file. The document shall also be provided by the parties to the Title IV-D child support office together with the other information required in subdivisions (c)(2)(B)(i)(<em>a</em>)(<em>1</em>)-(<em>8</em>). The social security numbers and other information filed with the clerk shall be available to the clerk of court for processing of documents and legal actions such as, but not limited to, divorce certificates, garnishments, and income assignments. On request, the sealed information shall be made available to the department of human services and any other agency required by law to have access to the information and to other persons or agencies as ordered by the court;
            3. (3) Residential and mailing addresses;
            4. (4) Home telephone numbers;
            5. (5) Driver license number;
            6. (6) The name, address, and telephone number of the person's employer;
            7. (7) The availability and cost of health insurance for the child; and
            8. (8) Gross annual income.
          2. (b) The requirements of subdivision (c)(2)(B)(i)(<em>a</em>) may be included in the court's order.
        2. (ii) Each individual who is a party must update changes in circumstances of the individual for the information required by subdivision (c)(2)(B)(i)(<em>a</em>) within ten (10) days of the date of such change. At the time of the entry of the first order pertaining to child support after July 1, 1997, clear written notice shall be given to each party of the requirements of this subsection (c), procedures for complying with this subsection (c), and a description of the effect or failure to comply. Such requirement may be noted in the order of the court.
        3. (iii) In any subsequent child support enforcement action, the delivery of written notice as required by Rule 5 of the Tennessee Rules of Civil Procedure, to the most recent residential or employer address shown in the court's records or the Title IV-D agency's records, as required in subdivision (c)(2)(B)(i)(<em>a</em>) shall be deemed to satisfy the due process requirements for notice and service of process with respect to that party, if there is a sufficient showing and the court is satisfied that a diligent effort has been made to ascertain the location and whereabouts of the party.
        4. (iv) Upon motion of either party, upon a showing of domestic violence or the threat of such violence, the court may enter an order to withhold from public access the address, telephone number, and location of the alleged victim or victims or threatened victims of such circumstances. The clerk of the court shall withhold such information based upon the court's specific order, but may not be held liable for release of such information.
        5. (v) In any subsequent proceeding to modify or enforce support, there shall be a rebuttable presumption that the information provided by the parties, as required by this part, has not changed, unless a party has complied with this section by updating the information with the court and, if the case is a Title IV-D child support case, with the local Title IV-D child support office.
  4. (d)
    1. (1) All support payments that have been paid to the clerk of the court shall be distributed by the clerk, as provided in the order of the court, within ten (10) days; provided, that the payments made to the clerk of the court in Title IV-D child support cases shall be distributed and deposited pursuant to the operating agreements under subdivisions (d)(3) and (6), after implementation of the statewide Title IV-D child support computer system in the clerk's county, and after the appropriate notice to the clerk by the department under subdivisions (d)(3) and (6).
    2. (2) In every child support case being processed through the state's central collection and disbursement unit, if unable to provide the information concerning an order through a computer information transfer, the clerk shall send a copy of any new order or modification of such order, prior to or along with the first payment received pursuant to such order, to the department, or its designee, within ten (10) working days.
    3. (3) Clerks participating in the operation of the statewide Title IV-D child support computer system shall be bound by the terms of the agreement and the laws, regulations, and policies and procedures of the Title IV-D child support program for the term of the agreement, unless the agreement is canceled by the department after notice to the clerk and an opportunity to correct any deficiencies caused by failure of the clerk to comply with federal or state regulations or procedures for operation of the system within thirty (30) days of such notice. While participating in the system, the clerks shall be entitled to receive the statutory fee for the collection and handling of child support obligations under the Title IV-D program. Any child support payment subject to distribution through the state's central collection and disbursement unit that has been received by a clerk shall be sent immediately by the clerk to the department or its designee, without the necessity of a court order.
    4. (4) The clerks of all courts involved in the collection of any child support shall cooperate with and provide any reasonable and necessary assistance to the department or its contractors in the transfer of data concerning child support to the statewide Title IV-D child support computer system.
    5. (5) Whenever the clerk has ceased handling Title IV-D child support payments under subdivision (d)(3), and only where the context requires, all provisions in this chapter relating to the duties or actions involving the clerk shall be interpreted to substitute the department or its contractor.
    6. (6) In all cases in which child support payments are subject to processing through the state's central collection and disbursement unit, the clerks shall, upon notice by the department, deposit all receipts of such child support payments on a daily basis to a bank account from which the state shall electronically debit those payments for the purpose of obtaining funds to distribute the child support obligations to the obligee.
    7. (7) In all Title IV-D child support cases, child support payments shall be made by the obligor to the department. No credit shall be given to an obligor for any payments made by the obligor or by another person on behalf of the obligor, directly to an obligee or the obligor's child or children, unless the obligee remits the payment to the department. In the event that a Title IV-D case is instituted subsequent to the establishment of an order of child support, the department shall notify the obligor and obligee and the appropriate clerk of this fact, and all payments of child support in Title IV-D cases shall be made by the obligor to the department, without further order of the court.
    8. (8) When an order provides for the support of two (2) or more children in a case that is subject to enforcement under Title IV-D, and at least one (1) child is a public charge, based upon receipt of temporary assistance pursuant to title 71, chapter 3, part 1, TennCare-medicaid, or foster care or other custodial services from the state, the child support order shall be prorated by the department for purposes of distribution of the child support to the appropriate person or agency providing care or support for the child, without the need for modification of the child support order by the court.
  5. (e)
    1. (1)
      1. (A) In making the court's determination concerning the amount of support of any minor child or children of the parties, the court shall apply, as a rebuttable presumption, the child support guidelines, as provided in this subsection (e). If the court finds that evidence is sufficient to rebut this presumption, the court shall make a written finding that the application of the child support guidelines would be unjust or inappropriate in that particular case, in order to provide for the best interest of the child or children, or the equity between the parties. Findings that the application of the guidelines would be unjust or inappropriate shall state the amount of support that would have been ordered under the child support guidelines and a justification for the variance from the guidelines.
      2. (B) Notwithstanding this section or any other law or rule to the contrary, if the net income of the obligor exceeds ten thousand dollars ($10,000) per month, then the custodial parent must prove, by a preponderance of the evidence, that child support in excess of the amount provided for in the child support guidelines is reasonably necessary to provide for the needs of the minor child or children of the parties. In making the court's determination, the court shall consider all available income of the obligor, as required by this chapter, and shall make a written finding that child support in excess of the amount so calculated is or is not reasonably necessary to provide for the needs of the minor child or children of the parties. In determining each party's income for the purpose of applying the child support guidelines, the court shall deduct each party's capital losses from that party's capital gains in each year.
      3. (C) When making retroactive support awards, pursuant to the child support guidelines established pursuant to this subsection (e), in cases where the parents of the minor child are separated or divorced, but where the court has not entered an order of child support, the court shall consider the following factors as a basis for deviation from the presumption in the child support guidelines that child and medical support for the benefit of the child shall be awarded retroactively to the date of the parents' separation or divorce:
        1. (i) Whether the remaining spouse knew or could have known of the location of the child or children who had been removed from the marital home by the abandoning spouse; or
        2. (ii) Whether the abandoning spouse, or other caretaker of the child, intentionally, and without good cause, failed or refused to notify the remaining spouse of the location of the child following removal of the child from the marital home by the abandoning spouse; and
        3. (iii) The attempts, if any, by the abandoning spouse, or other caretaker of the child, to notify the remaining spouse of the location of the child following removal of the child from the marital home by the abandoning spouse.
      4. (D) In cases in which the presumption of the application of the guidelines is rebutted by clear and convincing evidence, the court shall deviate from the child support guidelines to reduce, in whole or in part, any retroactive support. The court must make a written finding that application of the guidelines would be unjust or inappropriate, in order to provide for the best interests of the child or children or the equity between the parties.
      5. (E) Deviations shall not be granted in circumstances where, based upon clear and convincing evidence:
        1. (i) The remaining spouse has a demonstrated history of violence or domestic violence toward the abandoning spouse, the child's caretaker or the child;
        2. (ii) The child is the product of rape or incest of the mother by the father of the child;
        3. (iii) The abandoning spouse has a reasonable apprehension of harm from the remaining spouse, or those acting on the remaining spouse's behalf, toward the abandoning spouse or the child; or
        4. (iv) The remaining spouse, or those acting on the remaining spouse's behalf, has abused or neglected the child.
      6. (F) In making any deviations from awarding child and medical support retroactively to the date of separation or divorce of the parties, the court shall make written findings of fact and conclusions of law to support the basis for the deviation, and shall include in the order the total amount of retroactive child and medical support that would have been paid retroactively to the date of separation or divorce of the parties, had a deviation not been made by the court.
      7. (G) Nothing in this subdivision (e)(1) shall limit the right of the state of Tennessee to recover from the father or the remaining spouse expenditures made by the state for the benefit of the child, or the right, or obligation, of the Title IV-D child support agency to pursue retroactive support for the custodial parent or caretaker of the child, where appropriate.
      8. (H) Any amounts of retroactive support ordered that have been assigned to the state of Tennessee, pursuant to § 71-3-124, shall be subject to the child support distribution requirements of 42 U.S.C. § 657. In such cases, the court order shall contain any language necessary to allow the state to recover the assigned support amounts.
      9. (I)
        1. (i) In any action for retroactive child support filed on or after July 1, 2017, retroactive child support shall not be awarded for a period of more than five (5) years from the date the action for support is filed unless the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a longer time period of retroactive support is in the interest of justice is on the custodial parent. Good cause includes, but is not limited to, the following:
          1. (a) The noncustodial parent deliberately avoided service or knowingly impeded or delayed the imposition of a support obligation;
          2. (b) The noncustodial parent used threats, intimidation, or force to prevent or delay the imposition of a support obligation; or
          3. (c) The custodial parent reasonably feared that the establishment of parentage would result in domestic abuse, as defined in § 36-3-601.
        2. (ii) The court may award retroactive child support for less than the five-year-period required by subdivision (e)(1)(I)(i) if the court determines, for good cause shown, that a different award of retroactive child support is in the interest of justice. The burden to show that a shorter time period of retroactive support is in the interest of justice is on the noncustodial parent.
        3. (iii) Upon a finding of good cause in accordance with this subdivision (e)(1)(I), the court may order retroactive support from the date the court determines to be equitable and just.
        4. (iv) The presumption that child support for the benefit of the child be awarded retroactively to the date of the child's birth contained in the child support guidelines shall not apply to any action in which this subdivision (e)(1)(I) is applicable.
        5. (v) Nothing in this subdivision (e)(1)(I) limits any claim for retroactive child support owed to the department of human services.
    2. (2) Beginning October 13, 1989, the child support guidelines promulgated by the department, pursuant to the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall be the guidelines that courts shall apply as a rebuttable presumption in child support cases.
    3. (3) Child support guidelines shall be reviewed by the department of human services every four (4) years. The department shall make recommendations to the supreme court of any revisions needed in order to maintain compliance with the Family Support Act of 1988, and to ensure that application of the guidelines results in determinations of appropriate child support awards. A copy of the recommendations shall also be sent to the civil justice committee of the house of representatives and the health and welfare committee of the senate.
    4. (4)
      1. (A) In addition to any other subtractions, calculations of net income under the guidelines shall take into consideration the support of any other children the obligor is legally responsible to provide. The court shall consider children of the obligor who are not included in a decree of child support, but for whom the obligor is legally responsible to provide support and is supporting, for the purposes of reducing the obligor's net income, in calculating the guideline amount, or as a reason for deviation from the guidelines.
      2. (B) In calculating amounts of support for children under the guidelines, the court shall allocate an obligor's financial child support responsibility from the obligor's income among all children of the obligor for whom the obligor is legally responsible to provide support and is supporting, in a manner that gives equitable consideration as defined by the department's child support guidelines, to the children for whom support is being set in the case before the court and to any other children for whom the obligor is legally responsible and is supporting. The court shall require that payments, made out of that allocation for all children of the obligor for whom the obligor is legally responsible and is supporting, be made upon such consideration. Guidelines promulgated by the department shall be consistent with this subdivision (e)(4)(B).
  6. (f)
    1. (1)
      1. (A) Any order for child support shall be a judgment entitled to be enforced as any other judgment of a court of this state, and shall be entitled to full faith and credit in this state and in any other state. Except as provided in subdivision (f)(6), such judgment shall not be subject to modification as to any time period or any amounts due prior to the date that an action for modification is filed and notice of the action has been mailed to the last known address of the opposing parties. If the full amount of child support is not paid by the date when the ordered support is due, the unpaid amount that is in arrears, shall become a judgment for the unpaid amounts, and shall accrue interest pursuant to subdivision (f)(1)(B). All interest that accumulates on arrearages shall be considered child support. Computation of interest shall not be the responsibility of the clerk.
      2. (B)
        1. (i) Interest on unpaid child support that is in arrears shall accrue from the date of the arrearage at the rate of twelve percent (12%) per year; provided, that interest shall no longer accrue on or after April 17, 2017, unless the court makes a written finding that interest shall continue to accrue. In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than four percent (4%) per year.
        2. (ii) On or after July 1, 2018, interest on arrearages in non-Title IV-D cases shall accrue at the rate of six percent (6%) per year; provided, however, that the court, in its discretion, may reduce the rate of interest to a lower interest rate, including no interest, as deemed appropriate under the circumstances. In making its determination, the court may consider any factors the court deems relevant.
        3. (iii) On or after July 1, 2018, interest shall not accrue on arrearages in Title IV-D cases unless the court makes a written finding that interest shall continue to accrue. In making such finding, the court shall set the rate at which interest shall accrue after consideration of any factors the court deems relevant; provided, that the interest rate shall be no more than six percent (6%) per year.
    2. (2) In addition to the remedies provided in part 5 of this chapter, but not as an alternative to those provisions, if a parent is more than thirty (30) days in arrears, the clerk of the court may, upon written application of the obligee parent, a guardian or custodian of the children, or the department of human services or its contractors in Title IV-D support cases, issue a summons or, in the discretion of the court, an attachment for such parent, setting a bond of not less than two hundred fifty dollars ($250) or, in the discretion of the court, up to the amount of the arrears, for such other proceedings as may be held in the matter. In addition, the court may, at any time, require an obligor parent to give security by bond, with sufficient sureties approved by the court, or, alternatively, in the absence of the judge from the court, approved by the clerk of the court, for payment of past, present, and future support due under the order of support. If the obligor parent thereafter fails to appear or fails without good cause to comply with the order of support, such bonds may be forfeited and the proceeds from the bonds paid to the court clerk and applied to the order of support.
    3. (3) Absent a court order to the contrary, if an arrearage for child support or fees due as court costs exists at the time an order for child support would otherwise terminate, the order of support, or any then existing income withholding arrangement, and all amounts ordered for payment of current support or arrears, including any arrears due for court costs, shall continue in effect in an amount equal to the then existing support order or income withholding arrangement, until the arrearage and costs due are satisfied, and the court may enforce all orders for such arrearages by contempt.
    4. (4) The order of any court or administrative tribunal directing that an obligor pay a sum certain to reduce any support arrearage shall not preclude the use, by the department of human services or its contractors in the Title IV-D child support program, of any other administrative means of collecting the remaining balance of the outstanding arrearage, including, but not limited to, income tax refund intercepts, financial institution collections, enforcement of liens, or any other method authorized by law. The use of any additional administrative means of collection by the department or its contractors in the Title IV-D child support program is expressly authorized to reduce any portion, or all, of the outstanding balance of support as shown by the department's records, and any order of the court or administrative tribunal to the contrary is without any effect whatsoever, except for such appeal as may lie from the implementation of the administrative procedure that is used to reduce the arrearage.
    5. (5)
      1. (A) In enforcing any provision of child support, if an obligee, or the department or its contractor in Title IV-D cases, specifically prays for revocation of a license because an obligor is alleged to be in noncompliance with an order of support, or if the court determines on its own motion, or on motion of a party, that any individual party has failed to comply with a subpoena or a warrant in connection with the establishment or enforcement of an order of support, the court may find, specifically, in its order that the obligor is not in compliance with an order of support as defined by part 7 of this chapter, or it may find that an individual party has failed to comply with a subpoena or warrant in connection with the establishment or enforcement of an order of support, and may direct that any or all of the obligor's or individual party's licenses be subject to revocation, denial or suspension by the appropriate licensing authority, pursuant to part 7 of this chapter. The court shall direct the clerk to send a copy of that order to the department of human services to be sent by the department to each licensing authority specified in the order for processing and suspension, denial or revocation pursuant to § 36-5-706 and any other applicable provisions of part 7 of this chapter. Costs related to such order shall be taxed to the obligor or individual party.
      2. (B) If the obligor whose license has been subject to subdivision (f)(5)(A) complies with the order of support, or if the individual party complies with the subpoena or warrant, the court shall enter an order making such a finding, and the clerk shall send an order immediately to the department of human services to be transmitted to each licensing authority specified in the order, which shall then immediately issue, renew or reinstate the obligor's or individual party's license, in accordance with § 36-5-707. Costs related to such order shall be taxed to the obligor or individual party, as the case may be, and shall be paid by the obligor or the individual party prior to sending the order to the department for transmission to the licensing authority.
      3. (C) The department shall provide available information to the obligee, party or the court in actions under this subdivision (f)(5), concerning the name and address of the licensing authority or authorities of the obligor or individual party, in order to enable the enforcement of this subdivision (f)(5). The obligee or individual party, as the case may be, seeking such information shall pay a fee, as established by the department for the provision of such service. These fees may be taxed as costs to the obligor whose license has been revoked pursuant to this subdivision (f)(5), or to the individual party who has failed to comply with the warrant or subpoena.
      4. (D) If the licensing authority fails to take appropriate action pursuant to the orders of the court under this subdivision (f)(5), the party may seek a further order from the court to direct the licensing authority to take such action, and the party may seek any appropriate court sanctions against the licensing authority.
      5. (E) For purposes of this subdivision (f)(5), “individual party” means a party to the support action who is a person, but does not include a governmental agency, or the contractor or agent of such governmental agency, that is enforcing an order of support. “Party” may include, where the context requires, an individual person, or it may include a governmental agency or contractor or agent of such governmental agency.
    6. (6)
      1. (A) With the approval of the court, the obligor and obligee shall have the right to compromise and settle a child support arrearage balance owed directly to the obligee. The authority is given to forgive accrued principal and interest on delinquent child support with the approval of the obligee and shall not include any monies owed to this or any other state. In all Title IV-D cases, the department of human services or its contractors must be a party to the action. Both the obligee and obligor must consent to the compromise and settlement in writing in accordance with the procedures established by the child support agency or court.
      2. (B) Prior to giving consent, the obligee shall be provided with a written explanation of the compromise and settlement and of the obligee's rights with respect to child support arrears owed to the obligee. In no event may an offer of compromise and settlement of any child support arrears owed directly to the obligee be accepted unless the obligee consents to the offer of compromise and settlement in writing.
      3. (C) To be eligible for a compromise and settlement of the child support arrearage balance, the obligor must pay the child support obligation in full as ordered for a minimum of twelve (12) consecutive months immediately preceding the compromise and settlement between the obligor and obligee in order to compromise and settle the remaining balance. If additional child support arrears accrue after a compromise and settlement, such subsequent arrears shall be paid in full and not subject to further compromise and settlement.
      4. (D) A compromise and settlement of a lesser amount than the total principal and interest that is owed shall not be considered against public policy if the compromise and settlement is in the best interest of the child or children.
      5. (E) The program shall operate uniformly across this state and shall take into consideration the needs of the child or children subject to the child support order and the obligor's ability to pay.
  7. (g)
    1. (1) Upon application of either party, the court shall decree an increase or decrease of support when there is found to be a significant variance, as defined in the child support guidelines established by subsection (e), between the guidelines and the amount of support currently ordered, unless the variance has resulted from a previously court-ordered deviation from the guidelines and the circumstances that caused the deviation have not changed. Any support order subject to enforcement under Title IV-D may be modified in accordance with § 36-5-103(f).
    2. (2) The necessity to provide for the child's health care needs shall also be a basis for modification of the amount of the order, regardless of whether a modification in the amount of child support is necessary.
    3. (3) The court shall not refuse to consider a modification of a prior order and decree as it relates to future payments of child support because the party is in arrears under that order and decree, unless the arrearage is a result of intentional action by the party.
    4. (4)
      1. (A) Notwithstanding subdivision § 36-5-103(f), for the purposes of this chapter, the birth or adoption of another child for whom an obligor is legally responsible to support and is supporting shall constitute a substantial and material change of circumstances for seeking a review of the existing order to determine if the addition of such child, and any credits applicable for the addition of such child under the department's child support guidelines, would result in a significant variance under such guidelines. If the significant variance is demonstrated by the review, the amount of an existing child support order may be modified by the court.
      2. (B) [Deleted by 2021 amendment.]
    5. (5) When the department of human services becomes aware of a change in circumstances of either party to a Title IV-D child support case, the department may review and seek an adjustment to the support obligation to the extent required by the child support guidelines.
    6. (6)
      1. (A) In Title IV-D child support cases that the department of human services is enforcing, the department shall provide a child support obligor notice ninety (90) days prior to the eighteenth birthday of a child or children for whom the obligor is paying child support, as such birthday is indicated by the department's records.
      2. (B) If the following conditions are met, then the obligor may seek termination of the order of support and may also request that the department, as required by federal law, assist in seeking termination of the order:
        1. (i) The department's records demonstrate that the child for whom an order of support in a Title IV-D child support case has been entered has reached eighteen (18) years of age and has graduated from high school, or that the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school, the obligor has otherwise provided the department with written documentation of such facts, or the obligor has provided the department with written documentation that a child for whom the obligor is required to pay support has died or has married;
        2. (ii) No other special circumstances exist, including, but not limited to, the circumstances provided for in subsection (k) regarding disabled children, that require the obligation to continue;
        3. (iii) The obligor does not owe arrearages to the obligee parent, any guardian or custodian of the child, the department of human services, any other agency of the state, or any other Title IV-D agency of any state;
        4. (iv) The costs of court have been paid; and
        5. (v) There are no other children for whom the obligor is required to pay child support.
      3. (C)
        1. (i) If the conditions of subdivisions (g)(6)(B)(i)-(v) exist in the Title IV-D case, as shown by the department's records, or such conditions exist based upon the written documentation provided by the obligor and verified by the department, then the department shall immediately temporarily suspend the order of support for the child who has reached majority. If the existing court order was the result of a deviation from the child support guidelines, the department shall immediately seek from the court termination of the support order for such child, and shall provide the obligee with notice of the filing of the petition to terminate such order.
        2. (ii) If the existing order was not the result of a deviation from the child support guidelines, the department shall give notice to the obligee, and to the other obligor, of the temporary suspension of the order, based upon verification of the status of the case pursuant to subdivision (g)(6)(B), of its intent to permanently terminate the support order by an administrative order, which the department may issue for such purpose, and of the opportunity for a hearing upon the issue of permanent termination of the order.
        3. (iii) If the obligee contests the temporary suspension of the order of support under the circumstances of subdivisions (g)(6)(B)(i)-(v) and prevails following entry of the court or administrative order, the obligor shall pay the support amounts and any other arrearages or court costs not paid as a result of the temporary suspension of the order. The administrative order shall be filed with the clerk of the court having jurisdiction of the case.
      4. (D)
        1. (i) If the conditions of subdivisions (g)(6)(B)(i)-(iv) are met in the Title IV-D case, but there are other children for whom the obligor is still obligated to support, the department shall immediately conduct a review of the support order and shall seek the support order's adjustment, if appropriate under the child support guidelines for such children. The obligor shall continue to make child support payments, in accordance with the existing order, until the court or department modifies the order pursuant to this subdivision (g)(6)(D).
        2. (ii) If the existing court order was the result of a deviation from the child support guidelines, the department shall seek modification of the support order from the court, and shall provide the obligee and the obligor with notice of the filing of the petition to modify such order.
        3. (iii) If the existing order was not the result of a deviation from the child support guidelines, and the department reviews the order and determines that the order should be modified pursuant to such guidelines, then the department shall notify the parties of the department's intent to modify the support order by an administrative order, which the department may issue for such purpose, and shall notify the parties of the opportunity for a hearing on the issue of modification of the order.
        4. (iv) The support order shall be modified as established by order of the court or the department, as required pursuant to the child support guidelines. If the modified payment amount is lower than the payment amount required prior to the modification, then the obligor shall be given credit for such amount against future payments of support for the remaining children under the order. If the modified payment amount is higher than the payment amount required prior to the modification, then the obligor shall pay the higher ordered amount from the date of entry of the order. The administrative order shall be filed with the clerk of the court having jurisdiction of the case.
      5. (E) The department's review and adjustment process, and the administrative hearing process outlined in this subdivision (g)(6), shall comply with any other due process requirements for notice to the obligor and obligee as may otherwise be required by this chapter.
  8. (h)
    1. (1) The court may direct the acquisition or maintenance of health insurance covering each child of the marriage and may order either party to pay all, or each party to pay a pro rata share of, the healthcare costs not paid by insurance proceeds if reasonable and affordable health insurance is available.
    2. (2) In any case in which the court enters an order of support enforced under Title IV-D of the Social Security Act (42 U.S.C. §  651 et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
    3. (3) Section 36-5-501(a)(3) shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.
  9. (i) The court may direct either or both parties to designate the children as beneficiaries under any existing policies insuring the life of either party, and maintenance of existing policies insuring the life of either party, or the purchase and maintenance of life insurance and designation of beneficiaries.
  10. (j) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties as to child support. In any such agreement, the parties must affirmatively acknowledge that no action by the parties shall be effective to reduce child support after the due date of each payment, and that they understand that court approval must be obtained before child support may be reduced, unless such payments are automatically reduced or terminated under the terms of the agreement.
  11. (k)
    1. (1) Except as provided in subdivision (k)(2), the court may continue child support beyond a child's minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act (42 U.S.C. §  12101 et seq.), until such child reaches twenty-one (21) years of age.
    2. (2) Provided, that such age limitation shall not apply if such child is severely disabled and living under the care and supervision of a parent, and the court determines that it is in the child's best interest to remain under such care and supervision and that the obligor is financially able to continue to pay child support. In such cases, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child; provided, however, that, if the severely disabled child living with a parent was disabled prior to this child attaining eighteen (18) years of age and if the child remains severely disabled at the time of entry of a final decree of divorce or legal separation, then the court may order child support regardless of the age of the child at the time of entry of the decree.
    3. (3) In so doing, the court may use the child support guidelines.
  12. (l)
    1. (1) The court may, in its discretion, at any time pending the suit, upon motion and after notice and hearing, make any order that may be proper to compel a spouse to pay any sums necessary to enable the other spouse to prosecute or defend the suit and to provide for the custody and support of the minor children of the parties during the pendency of the suit, and to make other orders as it deems appropriate. In making any order under this subsection (<em>l</em>), the court shall consider the financial needs of each spouse and the children, and the financial ability of each spouse to meet those needs and to prosecute or defend the suit.
    2. (2) In any Title IV-D case, if the court grants relief, whether in whole or in part, to the department of human services or the department's Title IV-D contractor, or to any applicant for Title IV-D child support services, the court shall not tax any court costs against the department, the Title IV-D contractor or any applicant for child support services. The court shall not award attorney fees against the department, the Title IV-D contractor or any applicant for child support services, unless there is a clearly established violation of Rule 11 of the Tennessee Rules of Civil Procedure or for other contemptuous or other sanctionable conduct. This subdivision (<em>l</em>)(2) is not intended to limit the discretion of the courts to tax costs to the individual parties on non-Title IV-D issues, such as custody or visitation.
  13. (m) No provision, finding of fact or conclusion of law in a final decree of divorce or annulment or other declaration of invalidity of a marriage that provides that the husband is not the father of a child born to the wife during the marriage or within three hundred (300) days of the entry of the final decree, or that names another person as the father of such child, shall be given preclusive effect, unless scientific tests to determine parentage are first performed and the results of the test that exclude the husband from parentage of the child or children, or that establish paternity in another person, are admitted into evidence. The results of such parentage testing shall only be admitted into evidence in accordance with the procedures established in § 24-7-112.
§ 36-5-102. Portion of spouse's estate decreed to spouse entitled to alimony or support — Maintenance of minor custodial parent.
  1. (a) In cases where the court orders alimony or child support in accordance with §§  36-5-101 and 36-5-121, the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise.
  2. (b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), “maintenance and support of the custodial parent” may also include counseling and other special medical services needed by the custodial parent.
§ 36-5-103. Enforcement of decree for alimony and support.
  1. (a)
    1. (1) In addition to the remedies in part 5 of this chapter, the court shall enforce its orders and decrees by requiring the obligor to post a bond or give sufficient personal surety under § 36-5-101(f)(2) to secure past, present, and future support, unless the court finds that the payment record of the obligor parent, the availability of other remedies and other relevant factors make the bond or surety unnecessary.
    2. (2) The court may enforce its orders and decrees by sequestering the rents and profits of the real estate of the obligor against whom such order or decree was issued, if such obligor has any, and such obligor's personal estate and choses in action, and by appointing a receiver thereof, and from time to time causing the same to be applied to the use of the obligee and the children, or by such other lawful means the court deems necessary to assure compliance with its orders, including, but not limited to, the imposition of a lien against the real and personal property of the obligor.
  2. (b) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with parts 30 and 31 of this chapter.
  3. (c) A prevailing party may recover reasonable attorney's fees, which may be fixed and allowed in the court's discretion, from the nonprevailing party in any criminal or civil contempt action or other proceeding to enforce, alter, change, or modify any decree of alimony, child support, or provision of a permanent parenting plan order, or in any suit or action concerning the adjudication of the custody or change of custody of any children, both upon the original divorce hearing and at any subsequent hearing.
  4. (d) No state court order shall preclude the department of human services from implementing federal requirements for the interception of federal income tax refunds of an obligor for the payment of arrearages of child support.
  5. (e)
    1. (1) The commissioner of human services is expressly authorized to issue an administrative order of income assignment to the commissioner of labor and workforce development against any wages or wage benefits to which an obligor is entitled. Such administrative order shall be based upon and issued pursuant to an order from a court of competent jurisdiction or pursuant to state or local law, shall be deemed to be legal process in the nature of a garnishment pursuant to 42 U.S.C. § 659(i)(5), and shall direct the payment of child or spousal support by an obligor parent.
    2. (2) Administrative orders of income assignment issued pursuant to the authority of this part may, in the discretion of the commissioner of human services, be delivered to a representative of the commissioner for the purpose of execution, and such representative shall have the power and authority to levy and execute such administrative order.
    3. (3) The administrative order of income assignment authorized by this section may be directed to, and effectively served upon, the commissioner of labor and workforce development by electronically transmitted data to compel the assignment of unemployment benefits in order to satisfy the legal obligation of obligor parents to provide child support payments. The transmission of any such order by the commissioner of human services shall be certification by the commissioner of the existence of the underlying court order and that the procedural requirements for notice to the obligor parent as required by part 5 of this chapter have been satisfied. The administrative order shall show the amount to be deducted from the obligor's unemployment compensation benefits by the department of labor and workforce development so as to comply with the underlying court order, and with any applicable statutes, rules, regulations, or inter-departmental agreements and, when necessary, the order shall contain the last known address of the obligor parent.
    4. (4) The state child support enforcement computer system records shall be the official records of child support orders and child support-related spousal support orders and payment records for purposes of this subsection (e).
    5. (5) If it is determined that the department of labor and workforce development has erroneously or wrongfully withheld benefits from an individual and delivered such benefits to the department of human services pursuant to a commissioner's order of income assignment, the department of human services will pay the correct amount to the individual to correct the erroneous payment.
  6. (f)
    1. (1)
      1. (A) Every three (3) years, upon request of the custodial or noncustodial parent, or any other caretaker of the child, or, if there is an assignment of support pursuant to title 71, chapter 3, part 1, upon the request of the department or upon the request of the custodial or noncustodial parent, or of any other caretaker of the child, then, in any support order subject to enforcement under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the department shall review, and, if appropriate, seek an adjustment of the order in accordance with child support guidelines established pursuant to § 36-5-101(e) without a requirement for proof or showing of any other change in circumstances. If, at the time of the review, there is a “significant variance,” as defined by the department's child support guidelines, between the current support order and the amount that would be ordered under the department's child support guidelines, the department shall seek an adjustment of the order.
      2. (B) In the case of a request for review that is made between three-year cycles, the department shall review, and, if the requesting party demonstrates to the department that there has been a substantial change in circumstances, then the department shall seek an adjustment to the support order in accordance with the guidelines established pursuant to § 36-5-101(e); provided, that if the department becomes aware at any time of a change in circumstances of either party to a Title IV-D child support case, then the department may review and seek an adjustment to the support obligation to the extent required by the child support guidelines. For purposes of this subsection (f), a “substantial change in circumstances” is a “significant variance,” as defined by the department's child support guidelines, between the amount of the current order and the amount that would be ordered under the department's child support guidelines.
      3. (C) The review and adjustment in subdivisions (f)(1)(A) and (B) may be conducted by the court, or by the department by issuance of an administrative order by the department or its contractors.
    2. (2) As an alternative to the method described in subdivision (f)(1) for review and adjustment, the child support order may be reviewed, and the order may be adjusted by an administrative order issued by the department or its contractors by:
      1. (A) Applying a cost-of-living adjustment to the order in accordance with a formula developed by the department; or
      2. (B) Using automated methods, including automated comparisons with wage data to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment based upon a threshold developed by the department.
    3. (3) The methods for adjustment of orders of support by issuance of an administrative order pursuant to this section shall be promulgated in the department's rules.
    4. (4) The department shall give written notice to the obligor and obligee that a review of the order of support has been initiated.
    5. (5) The department shall give written notice to the obligor and obligee of the review findings. If the department elects to seek the adjustment of the support order by issuance of an administrative order instead of by judicial order, notice of the proposed administrative adjustment to the order of support shall be sent to the last known addresses of the obligor and obligee thirty (30) calendar days prior to the issuance of the administrative order adjusting the order of support pursuant to the same procedures for service of administrative orders described in § 36-5-807.
    6. (6)
      1. (A) The obligor and obligee shall have the right to contest the proposed administrative adjustment to the order of support within thirty (30) days of the mailing date of the notice of the proposed administrative adjustment to the order of support by filing a motion for a hearing on the proposed adjustment with the court having jurisdiction to modify the order of support and by providing notice of the hearing to the department by copy of such motion.
      2. (B) The review by the court shall be completed within timeframes established by federal law.
      3. (C) If the obligor or obligee contests the proposed administrative adjustment pursuant to the procedure in this subsection (f), no further administrative appeal to the department shall be available, and further appeal of the modified support order entered by the court shall be made pursuant to the Tennessee Rules of Appellate Procedure.
    7. (7) If the obligor or obligee does not contest the proposed administrative adjustment to the order of support within thirty (30) calendar days of the mailing date of the notice of the proposed adjustment pursuant to subdivision (f)(6), the department shall issue the administrative order adjusting the order of support.
    8. (8) A copy of an administrative order of adjustment of the child support order shall be sent to the clerk of the court that has jurisdiction of the child support order that has been administratively adjusted and it shall be filed in the court record. A copy of the order shall be sent to the obligor and the obligee by the department by general mail at the last known addresses shown in the department's records.
    9. (9) If an order of support is adjusted by administrative order of the department pursuant to subdivision (f)(7), the obligor and obligee shall have the right to administratively appeal the adjustment by requesting the appeal to the department as provided in part 10 of this chapter. The obligor or obligee may request a stay of the administrative order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The appeal from any decision resulting from the administrative appeal shall be to the court having jurisdiction of the support order and shall be subject to the scope of review as provided pursuant to § 36-5-1003.
    10. (10) Notice of the right to request a review, and, if appropriate, adjust the child support order shall be sent to the obligor and the obligee by the department at least every three (3) years for a child subject to an order being enforced pursuant to Title IV-D of the Social Security Act. The notice may be included in the order.
    11. (11) The requirement for review and adjustment may be delayed if the best interests of the child require. Such interests would include the threat of physical or emotional harm to the child if the review and adjustment were to occur or the threat of severe physical or emotional harm to the child's custodial parent or caretaker.
  7. (g) Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.
§ 36-5-104. Failure to comply with child support order — Criminal sanctions — Inference of obligor's ability to pay.
  1. (a) Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months.
  2. (b) No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order.
  3. (c) In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to:
    1. (1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and
    2. (2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
  4. (d) In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in § 36-5-101(a)(8).
§ 36-5-105. Intestacy of plaintiff spouse — Effect on alimony.
  1. (a)
    1. (1) If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy.
    2. (2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121.
  2. (b) However, when the cause of divorce is irreconcilable differences under § 36-4-103, subsection (a) shall not apply if the parties have entered into a written marital dissolution agreement wherein the plaintiff consents to the payment to the defendant of alimony, either in lump sum form or periodic payments; provided, that such marital dissolution agreement is approved by the court granting the decree of divorce.
§ 36-5-106. Reports pursuant to Fair Credit Reporting Act.
  1. (a) The department of human services or any of its Title IV-D child support contractors shall report periodically to consumer reporting agencies, as defined in the Fair Credit Reporting Act (15 U.S.C. § 1681a(f)), the name of any noncustodial parent, of which the department or its Title IV-D contractors has a record, who is either current in payments of support or who is delinquent in the payment of support and the amount of the current obligation or arrears owed by such parent. Such information shall only be furnished to an entity that furnishes evidence to the department of human services that it meets the requirements to be defined as a consumer reporting agency pursuant to the Fair Credit Reporting Act.
  2. (b) For purposes of this section, “delinquent” means any occasion on which the full amount of ordered support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4), is not paid by the due date for arrears as defined in § 36-5-101(f)(1) unless an income assignment is in effect and the payor of income is paying pursuant to § 36-5-501(g).
  3. (c) Reports of delinquent support and the amount of the arrears shall be made only after the noncustodial parent has been notified of the intended action at the last record address required by §§ 36-5-101(c)(2)(B)(i), 36-5-805, 36-2-311, and 37-1-151(b)(4)(C)-(F) or such other address as may be known to the department, and the noncustodial parent is afforded an opportunity for an administrative hearing before the department to contest the accuracy of such information. The noncustodial parent shall file a written request for appeal of the intended actions as provided by part 10 of this chapter.
§ 36-5-107. Disposition of incentive payments — Prohibition against agency use of payments for social and recreational purposes.
  1. (a) In the event that, pursuant to federal requirements, the department of human services adopts a plan requiring political subdivisions to pass incentive payments through to agencies actually participating in the IV-D program of the Social Security Act (42 U.S.C. §§ 651-665), any incentive payment made to a political subdivision that the department designates to be passed through to such an agency shall be appropriated by the political subdivision to the use and benefit of the designated agency.
  2. (b)
    1. (1) Except in districts where existing non-child support obligations for rent and payroll already exceed this figure, at least seventy percent (70%) of the federal incentive payments distributed by the department and disbursed by the executive director of the district attorneys general conference as provided in § 8-7-602 shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
    2. (2) In those districts where existing non-child support rent and payroll obligations already exceed thirty percent (30%) of the incentive payment expenditures for that district, one hundred percent (100%) of the federal incentive funds shall be utilized to encourage and improve the cost-effectiveness of child support enforcement efforts.
    3. (3) Notwithstanding the requirements in subdivisions (b)(1) and (2), such funds may be appropriated by the general assembly for other purposes consistent with applicable federal requirements, to the extent that such appropriation is specifically set forth in the general appropriations act. Further, such funds shall be disbursed only for goods and services for which state funds may properly be disbursed and within limitations imposed on state disbursements including, but not limited to, state travel regulations.
    4. (4) This subsection (b) shall not be construed or implemented in any manner that jeopardizes the receipt of federal funding pursuant to the Social Security Act (42 U.S.C. §§ 651-665).
  3. (c) An agency that participates in the IV-D program, and that receives federal incentive payments from the department as a result of such participation, shall not utilize any portion of the incentive payments for the social or recreational benefit of the agency's officers, employees, agents, or the family members of the officers, employees or agents.
§ 36-5-109. Construction.
  1. Chapter 477 of the Public Acts of 1985 is declared to be remedial in nature and all provisions of that act shall be liberally construed to effectuate its purpose.
§ 36-5-110. Termination of Acts 1985, ch. 477.
  1. (a) If any provision of the federal law that mandates any provision of chapter 477 of the Public Acts of 1985 is declared to be unconstitutional by the supreme court of the United States, any such provision of such act shall cease to be effective one (1) year from the date of such supreme court decision.
  2. (b) Enactment of chapter 477 of the Public Acts of 1985 is dependent on the availability of federal funding for its implementation, and if, at any time, such federal funding becomes unavailable, such act is thereby rendered repealed, null and void, and of no effect.
§ 36-5-111. Liability for clerk's fee.
  1. In all cases where payments for child support are made through or administered by the court clerk, the decree or order setting the child support must state that the party responsible for paying such support shall be responsible for the clerk's fee, as stated in § 8-21-403, and the amount thereof.
§ 36-5-112. Responsible teen parent pilot project.
  1. (a) Notwithstanding title 71, chapter 3, part 1, or any other law to the contrary, the department shall establish and implement the responsible teen parent pilot project. The pilot project shall be established in at least one (1) county within each of the three (3) grand divisions. Acting in consultation with the department of education and department of labor and workforce development, the council of juvenile and family court judges, the district attorneys general conference, the department of human services shall develop policies and procedures whereby child support obligations of project participants may be adjusted or deferred; provided, that the participants engage in one (1) or more of the following activities:
    1. (1) Attending school and making satisfactory progress toward high school graduation;
    2. (2) Attending preparatory classes and making satisfactory progress toward receipt of a high school equivalency credential approved by the state board of education;
    3. (3) Participating in approved job training programs and making satisfactory progress toward job placement; or
    4. (4) Participating in approved parenting skills training courses and making satisfactory progress toward mastery of the subject matter of such courses.
  2. (b) Participation in the responsible teen parent pilot program shall be restricted to persons who:
    1. (1) Are under twenty-one (21) years of age;
    2. (2) Are noncustodial parents of children who are receiving, or who have recently received, aid to families with dependent children benefits;
    3. (3) Are unable to provide adequate support for such children due to unemployment or underemployment;
    4. (4) Pay a minimum, specified amount of child support; and
    5. (5) Visit their children at least once each week unless such visitation is restricted by court order.
  3. (c) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the department of human services, acting in consultation with the department of education, department of labor and workforce development, the council of juvenile and family court judges, and the district attorneys general conference, shall promulgate such rules as may be necessary to implement the responsible teen parent pilot project in an efficient and effective manner. Such rules shall include, but shall not be limited to, policies and procedures for:
    1. (1) Identifying teen parents who would be eligible to participate in these programs in the pilot counties;
    2. (2) Pursuing the establishment of paternity in all cases involving teen parenthood within the pilot counties;
    3. (3) Pursuing the establishment and enforcement of support orders in such cases;
    4. (4) Selecting project participants;
    5. (5) Monitoring project participants;
    6. (6) Determining adjustments or deferral of child support obligations for project participants;
    7. (7) Selecting approved job training programs; and
    8. (8) Determining the minimum amount of child support that must be paid by project participants throughout their enrollment in the pilot project.
  4. (d) The department of human services shall gather and compile data to evaluate the efficiency and effectiveness of the pilot project in promoting responsible parenting and in encouraging near- and long-term fulfillment of child support obligations. On or before December 31 each year, the department of human services, acting in consultation with the department of education, department of labor and workforce development, the council of juvenile and family court judges, and the district attorneys general conference, shall report to the judiciary committee of the senate and the civil justice committee of the house of representatives concerning implementation of the pilot project and shall include any recommendations pertaining thereto.
  5. (e) Within each of the pilot counties, the department of human services and the juvenile court or the district attorney general shall jointly undertake a public awareness campaign to periodically inform and remind teens that:
    1. (1) Teen parents have a legal obligation to financially support their children, and that such obligation continues for eighteen (18) years following the birth of a child;
    2. (2) The legal obligation of support exists regardless of a teen parent's gender or marital status; and
    3. (3) The legal obligation of support will be enforced and the means with which the department may enforce the obligation.
  6. (f) This section shall not be construed or applied in any manner that jeopardizes or reduces the availability of federal funding resources for state administered public assistance programs.
§ 36-5-113. Plans for payment of child support — Work requirements.
  1. (a)
    1. (1) In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act (42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support.
    2. (2) The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812, or by any other remedies available for the collection or enforceme