Tenn. Code Ann. § 36-1-126 — TN Code / Title 36 / Chapter 1 / Section 36-1-126
Record kept under seal - Confidential records - Access to certain records - Preservation of records
Status: in_force

(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. (b) (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) 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) 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) 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) (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. (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. (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) (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. (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. (c) (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) 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) 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. (d) (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) 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) 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) 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) (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: (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person. (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) 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) 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) 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) After use of the records pursuant to this subsection (d), they shall be resealed and returned to storage. (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. Amended by 2023 Tenn. Acts, ch. 253, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 253, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 253, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 253, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 253, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 101, Secs.s 6, s 7, s 8, s 9, s 10 eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 101, s 5, eff. 7/1/2022. Amended by 2013 Tenn. Acts, ch. 207, s 11, eff. 4/23/2013. Acts 1951, ch. 202, § 24 (Williams, § 9572.38); 1975, ch. 280, § 1; modified; T.C.A. (orig. ed.), § 36-130; § 36-1-129 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 63-79; 1996, ch. 1079, § 69; 2008 , ch. 1162, § 2.
(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.
(b) (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) 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) 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) 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) (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. (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. (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) (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. (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.
(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) 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) 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) 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) (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. (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. (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.
(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.
(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.
(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) (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. (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.
(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.
(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.
(c) (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) 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) 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.
(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) 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) 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.
(d) (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) 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) 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) 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) (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: (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person. (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) 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) 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) 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) After use of the records pursuant to this subsection (d), they shall be resealed and returned to storage.
(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) 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) 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) 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) (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: (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person. (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.
(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: (i) Eligibility for or correction of payments made to or on behalf of an adopted person; or (ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person.
(i) Eligibility for or correction of payments made to or on behalf of an adopted person; or
(ii) The status of current, past or future child support obligations that are, or may be, due on behalf of any adopted person.
(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) 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) 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) 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) After use of the records pursuant to this subsection (d), they shall be resealed and returned to storage.
(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.
Amended by 2023 Tenn. Acts, ch. 253, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 253, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 253, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 253, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 253, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 101, Secs.s 6, s 7, s 8, s 9, s 10 eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 101, s 5, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 207, s 11, eff. 4/23/2013.
Acts 1951, ch. 202, § 24 (Williams, § 9572.38); 1975, ch. 280, § 1; modified; T.C.A. (orig. ed.), § 36-130; § 36-1-129 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 63-79; 1996, ch. 1079, § 69; 2008 , ch. 1162, § 2.
Tenn. Code Ann. § 36-1-146 — TN Code / Title 36 / Chapter 1 / Section 36-1-146
Rebuttable presumption that guardian ad litem's fees divided equally between parties
Status: in_force

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. Added by 2019 Tenn. Acts, ch. 409,s 1, eff. 5/21/2019.
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.
Added by 2019 Tenn. Acts, ch. 409,s 1, eff. 5/21/2019.
Tenn. Code Ann. § 36-5-2203 — TN Code / Title 36 / Chapter 5 / Section 36-5-2203
Initiating and responding tribunal of state
Status: in_force

Under parts 20-26 of this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. Acts 2010, ch. 901, § 1.
Under parts 20-26 of this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2001 — TN Code / Title 36 / Chapter 5 / Section 36-5-2001
Short title
Status: in_force

Parts 20-29 of this chapter shall be known and may be cited as the "Uniform Interstate Family Support Act." Acts 2010 , ch. 901, § 1.
Parts 20-29 of this chapter shall be known and may be cited as the "Uniform Interstate Family Support Act."
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-6-414 — TN Code / Title 36 / Chapter 6 / Section 36-6-414
Evaluation
Status: in_force

The parenting plan processes established by this part shall be evaluated by the administrative office of the courts after the program has been in effect for three (3) years. Acts 2000, ch. 889, § 1.
The parenting plan processes established by this part shall be evaluated by the administrative office of the courts after the program has been in effect for three (3) years.
Acts 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-7-307 — TN Code / Title 36 / Chapter 7 / Section 36-7-307
Nature of authority created by temporary custody order
Status: in_force

(a) A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted. (b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under part 4 of this chapter. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
(b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this part has standing to enforce the grant until it is terminated by court order or under part 4 of this chapter.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-7-301 — TN Code / Title 36 / Chapter 7 / Section 36-7-301
"Close and substantial relationship" defined
Status: in_force

In this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
In this part, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-4-103 — TN Code / Title 36 / Chapter 4 / Section 36-4-103
Irreconcilable differences - Procedure
Status: in_force

(a) (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) 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) 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. (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. (c) (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) 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. (d) (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) 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. (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. (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 . (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. Amended by 2020 Tenn. Acts, ch. 520, s 1, eff. 3/6/2020. Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1, 2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch. 63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts 1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, § 1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch. 853, § 2; T.C.A. (orig. ed.), § 36-801(II); Acts 1987, ch. 390, §§3, 4; 1989, ch. 489, §§ 2, 3; 1991, ch. 234, § 1; 1996, ch. 655, § 2; 1998, ch. 1059, §4; 2008 , ch. 868, § 1.
(a) (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) 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) 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.
(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) 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) 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.
(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.
(c) (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) 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.
(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) 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.
(d) (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) 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.
(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) 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.
(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.
(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 .
(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.
Amended by 2020 Tenn. Acts, ch. 520, s 1, eff. 3/6/2020.
Code 1858, § 2448 (deriv. Acts 1819, ch. 20, § 2; 1835-1836, ch. 26, §§ 1, 2; 1841-1842, ch. 133, § 3; 1843-1844, ch. 176, § 1); Acts 1867-1868, ch. 63, § 1; 1867-1868, ch. 68, § 1; Shan., § 4201; mod. Code 1932, § 8426; Acts 1961, ch. 168, § 1; 1972, ch. 679, § 1; 1977, ch. 107, § 1; 1978, ch. 577, § 1; 1981, ch. 311, § 1; 1981, ch. 420, § 1; 1981, ch. 532, § 1; 1982, ch. 853, § 2; T.C.A. (orig. ed.), § 36-801(II); Acts 1987, ch. 390, §§3, 4; 1989, ch. 489, §§ 2, 3; 1991, ch. 234, § 1; 1996, ch. 655, § 2; 1998, ch. 1059, §4; 2008 , ch. 868, § 1.
Tenn. Code Ann. § 36-6-306 — TN Code / Title 36 / Chapter 6 / Section 36-6-306
Grandparents' visitation rights
Status: in_force

(a) Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit, chancery, general sessions courts with domestic relations jurisdiction, other courts with domestic relations jurisdiction or juvenile court in matters involving children born out of wedlock of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian: (1) The father or mother of an unmarried minor child is deceased; (2) The child's father or mother are divorced, legally separated, or were never married to each other; (3) The child's father or mother has been missing for not less than six (6) months; (4) The court of another state has ordered grandparent visitation; (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or (6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child. (b) (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation or severe reduction of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that: (A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child; (B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or (C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child. (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if: (A) The child resided with the grandparent for at least six (6) consecutive months; (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year. (3) A grandparent is not required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with a grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. (4) For the purposes of this section, if the child's parent is deceased and the grandparent seeking visitation is the parent of that deceased parent, there shall be a rebuttable presumption of substantial harm to the child based upon the cessation or severe reduction of the relationship between the child and grandparent. (c) Upon an initial finding of danger of substantial harm to the child, the court must then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307 . Upon such determination, reasonable visitation may be ordered. Reasonable visitation must constitute, at a minimum, sufficient contact to reasonably permit a strong and meaningful relationship to be established with the child. (d) (1) Notwithstanding § 36-1-121 , if a relative or stepparent adopts a child, this section applies. (2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption. (e) Notwithstanding any law to the contrary, as used in this part, with regard to the petitioned child, the word "grandparent" includes, but is not limited to: (1) A biological grandparent; (2) The spouse of a biological grandparent; (3) A parent of an adoptive parent; or (4) A biological or adoptive great-grandparent or the spouse thereof. (f) For purposes of this section, "severe reduction" or "severely reduced" means reduction to no contact or token visitation as defined in § 36-1-102 . Amended by 2024 Tenn. Acts, ch. 715,s 1, eff. 4/11/2024. Amended by 2018 Tenn. Acts, ch. 734, s 1, eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 1076, Secs.s 1, s 2, s 3, s 4 eff. 5/20/2016. Amended by 2015 Tenn. Acts, ch. 247, Secs.s 1, s 2 eff. 4/24/2015. Acts 1997 , ch. 503, § 2; 2000, ch. 891, § 1; 2001, ch. 440, § 1; 2003 , ch. 79, § 1; 2004, ch. 452, § 1; 2004, ch. 691, § 1; 2004, ch. 874, § 1; 2007 , ch. 22, § 1; 2010 , ch. 957, § 1.
(a) Any of the following circumstances, when presented in a petition for grandparent visitation to the circuit, chancery, general sessions courts with domestic relations jurisdiction, other courts with domestic relations jurisdiction or juvenile court in matters involving children born out of wedlock of the county in which the petitioned child currently resides, necessitates a hearing if such grandparent visitation is opposed by the custodial parent or parents or custodian or if the grandparent visitation has been severely reduced by the custodial parent or parents or custodian: (1) The father or mother of an unmarried minor child is deceased; (2) The child's father or mother are divorced, legally separated, or were never married to each other; (3) The child's father or mother has been missing for not less than six (6) months; (4) The court of another state has ordered grandparent visitation; (5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or (6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child.
(1) The father or mother of an unmarried minor child is deceased;
(2) The child's father or mother are divorced, legally separated, or were never married to each other;
(3) The child's father or mother has been missing for not less than six (6) months;
(4) The court of another state has ordered grandparent visitation;
(5) The child resided in the home of the grandparent for a period of twelve (12) months or more and was subsequently removed from the home by the parent, parents, or custodian (this grandparent-grandchild relationship establishes a rebuttable presumption that denial of visitation may result in irreparable harm to the child); or
(6) The child and the grandparent maintained a significant existing relationship for a period of twelve (12) months or more immediately preceding severance or severe reduction of the relationship, this relationship was severed or severely reduced by the parent, parents, or custodian for reasons other than abuse or presence of a danger of substantial harm to the child, and severance or severe reduction of this relationship is likely to occasion substantial emotional harm to the child.
(b) (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation or severe reduction of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that: (A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child; (B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or (C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child. (2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if: (A) The child resided with the grandparent for at least six (6) consecutive months; (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year. (3) A grandparent is not required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with a grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. (4) For the purposes of this section, if the child's parent is deceased and the grandparent seeking visitation is the parent of that deceased parent, there shall be a rebuttable presumption of substantial harm to the child based upon the cessation or severe reduction of the relationship between the child and grandparent.
(1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation or severe reduction of the relationship between an unmarried minor child and the child's grandparent if the court determines, upon proper proof, that: (A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child; (B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or (C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child.
(A) The child had such a significant existing relationship with the grandparent that loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child;
(B) The grandparent functioned as a primary caregiver such that cessation or severe reduction of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or
(C) The child had a significant existing relationship with the grandparent and loss or severe reduction of the relationship presents the danger of other direct and substantial harm to the child.
(2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if: (A) The child resided with the grandparent for at least six (6) consecutive months; (B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or (C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.
(A) The child resided with the grandparent for at least six (6) consecutive months;
(B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or
(C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.
(3) A grandparent is not required to present the testimony or affidavit of an expert witness in order to establish a significant existing relationship with a grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child. Instead, the court shall consider whether the facts of the particular case would lead a reasonable person to believe that there is a significant existing relationship between the grandparent and grandchild or that the loss or severe reduction of the relationship is likely to occasion severe emotional harm to the child.
(4) For the purposes of this section, if the child's parent is deceased and the grandparent seeking visitation is the parent of that deceased parent, there shall be a rebuttable presumption of substantial harm to the child based upon the cessation or severe reduction of the relationship between the child and grandparent.
(c) Upon an initial finding of danger of substantial harm to the child, the court must then determine whether grandparent visitation would be in the best interests of the child based upon the factors in § 36-6-307 . Upon such determination, reasonable visitation may be ordered. Reasonable visitation must constitute, at a minimum, sufficient contact to reasonably permit a strong and meaningful relationship to be established with the child.
(d) (1) Notwithstanding § 36-1-121 , if a relative or stepparent adopts a child, this section applies. (2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.
(1) Notwithstanding § 36-1-121 , if a relative or stepparent adopts a child, this section applies.
(2) If a person other than a relative or a stepparent adopts a child, any visitation rights granted pursuant to this section before the adoption of the child shall automatically end upon such adoption.
(e) Notwithstanding any law to the contrary, as used in this part, with regard to the petitioned child, the word "grandparent" includes, but is not limited to: (1) A biological grandparent; (2) The spouse of a biological grandparent; (3) A parent of an adoptive parent; or (4) A biological or adoptive great-grandparent or the spouse thereof.
(1) A biological grandparent;
(2) The spouse of a biological grandparent;
(3) A parent of an adoptive parent; or
(4) A biological or adoptive great-grandparent or the spouse thereof.
(f) For purposes of this section, "severe reduction" or "severely reduced" means reduction to no contact or token visitation as defined in § 36-1-102 .
Amended by 2024 Tenn. Acts, ch. 715,s 1, eff. 4/11/2024.
Amended by 2018 Tenn. Acts, ch. 734, s 1, eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 1076, Secs.s 1, s 2, s 3, s 4 eff. 5/20/2016.
Amended by 2015 Tenn. Acts, ch. 247, Secs.s 1, s 2 eff. 4/24/2015.
Acts 1997 , ch. 503, § 2; 2000, ch. 891, § 1; 2001, ch. 440, § 1; 2003 , ch. 79, § 1; 2004, ch. 452, § 1; 2004, ch. 691, § 1; 2004, ch. 874, § 1; 2007 , ch. 22, § 1; 2010 , ch. 957, § 1.
Tenn. Code Ann. § 36-1-134 — TN Code / Title 36 / Chapter 1 / Section 36-1-134
Transmission of information between affected parties - Access to records of deceased or disabled persons - Updating of information to allow contact
Status: in_force

(a) (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) 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. (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. (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. Amended by 2021 Tenn. Acts, ch. 101, s 20, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 101, s 19, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 98.
(a) (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) 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.
(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) 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.
(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.
(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.
Amended by 2021 Tenn. Acts, ch. 101, s 20, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 101, s 19, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 98.
Tenn. Code Ann. § 36-6-702 — TN Code / Title 36 / Chapter 6 / Section 36-6-702
Required training and continuing education for judges - Course content
Status: in_force

(a) All judges involved in child custody proceedings shall complete at least two (2) hours of training or continuing education courses on domestic violence or child abuse per year or ten (10) hours per five (5) years. (b) (1) The training or continuing education courses may include the following topics: (A) Child sexual abuse; (B) Physical abuse; (C) Emotional abuse; (D) Coercive control; (E) Implicit and explicit bias, including biases relating to parents with disabilities; (F) Trauma; (G) Long-term and short-term impacts of domestic violence and child abuse on children; (H) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and (I) Any relevant topic addressing the best interest of the victim. (2) The training required in subsection (a) must: (A) Be provided by: (i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or (ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and (B) Rely on evidence-based research by recognized experts in the listed topics. (c) The training and continuing education courses may be offered in person or virtually by the administrative office of the courts in conjunction with the annual meetings of the judicial conferences in accordance with §§ 17-3-104 , 17-3-203 , and 37-1-504 . Amended by 2024 Tenn. Acts, ch. 799,s 3, eff. 4/23/2024. Acts 2023, ch. 266, § 2.
(a) All judges involved in child custody proceedings shall complete at least two (2) hours of training or continuing education courses on domestic violence or child abuse per year or ten (10) hours per five (5) years.
(b) (1) The training or continuing education courses may include the following topics: (A) Child sexual abuse; (B) Physical abuse; (C) Emotional abuse; (D) Coercive control; (E) Implicit and explicit bias, including biases relating to parents with disabilities; (F) Trauma; (G) Long-term and short-term impacts of domestic violence and child abuse on children; (H) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and (I) Any relevant topic addressing the best interest of the victim. (2) The training required in subsection (a) must: (A) Be provided by: (i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or (ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and (B) Rely on evidence-based research by recognized experts in the listed topics.
(1) The training or continuing education courses may include the following topics: (A) Child sexual abuse; (B) Physical abuse; (C) Emotional abuse; (D) Coercive control; (E) Implicit and explicit bias, including biases relating to parents with disabilities; (F) Trauma; (G) Long-term and short-term impacts of domestic violence and child abuse on children; (H) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and (I) Any relevant topic addressing the best interest of the victim.
(A) Child sexual abuse;
(B) Physical abuse;
(C) Emotional abuse;
(D) Coercive control;
(E) Implicit and explicit bias, including biases relating to parents with disabilities;
(F) Trauma;
(G) Long-term and short-term impacts of domestic violence and child abuse on children;
(H) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence; and
(I) Any relevant topic addressing the best interest of the victim.
(2) The training required in subsection (a) must: (A) Be provided by: (i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or (ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and (B) Rely on evidence-based research by recognized experts in the listed topics.
(A) Be provided by: (i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or (ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and
(i) A judge or retired judge with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; or
(ii) A professional with experience in assisting survivors of domestic violence, child abuse, or child sexual abuse; and
(B) Rely on evidence-based research by recognized experts in the listed topics.
(c) The training and continuing education courses may be offered in person or virtually by the administrative office of the courts in conjunction with the annual meetings of the judicial conferences in accordance with §§ 17-3-104 , 17-3-203 , and 37-1-504 .
Amended by 2024 Tenn. Acts, ch. 799,s 3, eff. 4/23/2024.
Acts 2023, ch. 266, § 2.
Tenn. Code Ann. § 36-2-307 — TN Code / Title 36 / Chapter 2 / Section 36-2-307
Jurisdiction - Venue
Status: in_force

(a) (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) The court shall have statewide jurisdiction over the parties involved in the case. (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. (c) (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) 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) The adoption court shall have exclusive jurisdiction to determine the issues relating to the parentage of the child. (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. Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 9.
(a) (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) The court shall have statewide jurisdiction over the parties involved in the case.
(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) The court shall have statewide jurisdiction over the parties involved in the case.
(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.
(c) (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) 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) The adoption court shall have exclusive jurisdiction to determine the issues relating to the parentage of the child. (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.
(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) 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) The adoption court shall have exclusive jurisdiction to determine the issues relating to the parentage of the child.
(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.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 9.
Tenn. Code Ann. § 36-5-109 — TN Code / Title 36 / Chapter 5 / Section 36-5-109
Construction
Status: in_force

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. Acts 1985, ch. 477, § 22.
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.
Acts 1985, ch. 477, § 22.
Tenn. Code Ann. § 36-6-216 — TN Code / Title 36 / Chapter 6 / Section 36-6-216
Jurisdiction to make custody determination
Status: in_force

(a) Except as otherwise provided in § 36-6-219 , a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under subdivision (a)(1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 36-6-221 or § 36-6-222 , and: (A) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) All courts having jurisdiction under subdivision (a)(1) or (a)(2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 36-6-221 or § 36-6-222 ; or (4) No court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (a)(2), or (a)(3). (b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. Acts 1999, ch. 389, § 17.
(a) Except as otherwise provided in § 36-6-219 , a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; (2) A court of another state does not have jurisdiction under subdivision (a)(1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 36-6-221 or § 36-6-222 , and: (A) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; (3) All courts having jurisdiction under subdivision (a)(1) or (a)(2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 36-6-221 or § 36-6-222 ; or (4) No court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (a)(2), or (a)(3).
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) A court of another state does not have jurisdiction under subdivision (a)(1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 36-6-221 or § 36-6-222 , and: (A) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and (B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(A) The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3) All courts having jurisdiction under subdivision (a)(1) or (a)(2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 36-6-221 or § 36-6-222 ; or
(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (a)(2), or (a)(3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Acts 1999, ch. 389, § 17.
Tenn. Code Ann. § 36-4-102 — TN Code / Title 36 / Chapter 4 / Section 36-4-102
Legal separation
Status: in_force

(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. (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. (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. (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. Code 1858, § 2449 (deriv. Acts 1835-1836, ch. 26, § 19; 1841-1842, ch. 133, § 1); Shan., § 4202; Acts 1919, ch. 70, § 1; mod. Code 1932, § 8427; Acts 1963, ch. 283, § 1; 1967, ch. 284, §1; T.C.A. (orig. ed.), § 36-802; Acts 1989, ch. 489, § 1; 1998, ch. 1059, § 2.
(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.
(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.
(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.
(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.
Code 1858, § 2449 (deriv. Acts 1835-1836, ch. 26, § 19; 1841-1842, ch. 133, § 1); Shan., § 4202; Acts 1919, ch. 70, § 1; mod. Code 1932, § 8427; Acts 1963, ch. 283, § 1; 1967, ch. 284, §1; T.C.A. (orig. ed.), § 36-802; Acts 1989, ch. 489, § 1; 1998, ch. 1059, § 2.
Tenn. Code Ann. § 36-1-117 — TN Code / Title 36 / Chapter 1 / Section 36-1-117
Parties to proceedings - Termination of rights of putative father - Consent of parent or guardian - Service of process
Status: in_force

(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. (b) (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) 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) (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 . (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) 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) 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) 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. (c) [Deleted by 2024 amendment.] (d) (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) 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. (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. (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. (g) (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) 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: (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 (B) The court shall: (i) Witness the parent's or guardian's signature on the form; and (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) 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) 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) 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) 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. (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. (i) (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). (B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER STATE OF TENNESSEE COUNTY OF 1. I am ____________________ [name of child] born on ______________. 2. I understand that ____________________ [name of prospective adoptive parent(s)] have filed a petition to adopt me. 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. 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. 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. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption. This the ____________________day of ____________________, 20____________________. FURTHER AFFIANT SAITH NOT Please Print: ____________________ Signature: ____________________ Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________. Please Print: ______________ Judge of the ______________ Court for ______________ County, Tennessee Signature: ____________________ (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). (j) (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) (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. (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. (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) 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. (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. (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. (m) (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) [Deleted by 2024 amendment.] (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) 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. (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 . (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. Amended by 2024 Tenn. Acts, ch. 996,s 19, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 996,s 18, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 996,s 17, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 996,s 16, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 996,s 15, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 996,s 14, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 263, s 7, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 263, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 363, s 5, eff. 5/5/2023. Amended by 2023 Tenn. Acts, ch. 393, s 2, eff. 5/11/2023. Amended by 2022 Tenn. Acts, ch. 937, s 16, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 937, s 10, eff. 7/1/2022. Amended by 2020 Tenn. Acts, ch. 525, Secs.s 8, s 9 eff. 3/6/2020. Amended by 2019 Tenn. Acts, ch. 36, Secs.s 29, s 32 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 36, Secs.s 33, s 34 eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 875, Secs.s 20, s 32 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 875, s 19, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 535, s 1, eff. 3/7/2018. Amended by 2016 Tenn. Acts, ch. 919, s 13, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 636, s 3, eff. 3/23/2016. Acts 1951, ch. 202, § 7 (Williams, § 9572.21); Acts 1955, ch. 320, § 2; 1955, ch. 345, § 1; 1959, ch. 223, § 3; 1961, ch. 150, § 2; impl. am. Acts 1975, ch. 219, § 1; 1976, ch. 455, § 1; T.C.A. (orig. ed.), § 36-108; § 36-1-108 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 53-56, 113; 1997 , ch. 551, §§ 57 - 65; 1998, ch. 1098, §§ 5 - 7; 2003 , ch. 231, § 14; 2007 , ch. 199, §§ 1, 2; 2008 , ch. 1059, § 5; 2008 , ch. 1162, § 1; 2010 , ch. 842, § 2; 2010 , ch. 849, § 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.
(b) (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) 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) (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 . (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) 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) 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) 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.
(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) 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) (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 . (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.
(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 .
(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) 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) 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) 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.
(c) [Deleted by 2024 amendment.]
(d) (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) 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.
(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) 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.
(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.
(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.
(g) (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) 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: (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 (B) The court shall: (i) Witness the parent's or guardian's signature on the form; and (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) 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) 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) 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) 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.
(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) 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: (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 (B) The court shall: (i) Witness the parent's or guardian's signature on the form; and (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.
(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
(B) The court shall: (i) Witness the parent's or guardian's signature on the form; and (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.
(i) Witness the parent's or guardian's signature on the form; and
(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) 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) 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) 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) 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.
(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.
(i) (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). (B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER STATE OF TENNESSEE COUNTY OF 1. I am ____________________ [name of child] born on ______________. 2. I understand that ____________________ [name of prospective adoptive parent(s)] have filed a petition to adopt me. 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. 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. 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. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption. This the ____________________day of ____________________, 20____________________. FURTHER AFFIANT SAITH NOT Please Print: ____________________ Signature: ____________________ Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________. Please Print: ______________ Judge of the ______________ Court for ______________ County, Tennessee Signature: ____________________ (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).
(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). (B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER STATE OF TENNESSEE COUNTY OF 1. I am ____________________ [name of child] born on ______________. 2. I understand that ____________________ [name of prospective adoptive parent(s)] have filed a petition to adopt me. 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. 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. 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. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption. This the ____________________day of ____________________, 20____________________. FURTHER AFFIANT SAITH NOT Please Print: ____________________ Signature: ____________________ Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________. Please Print: ______________ Judge of the ______________ Court for ______________ County, Tennessee Signature: ____________________
(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).
(B) CONSENT TO ADOPTION BY MINOR WHO IS FOURTEEN (14) YEARS OF AGE OR OLDER STATE OF TENNESSEE COUNTY OF 1. I am ____________________ [name of child] born on ______________. 2. I understand that ____________________ [name of prospective adoptive parent(s)] have filed a petition to adopt me. 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. 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. 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. 6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest. 7. I freely and voluntarily, without pressure from anyone, consent to this adoption. This the ____________________day of ____________________, 20____________________. FURTHER AFFIANT SAITH NOT Please Print: ____________________ Signature: ____________________ Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________. Please Print: ______________ Judge of the ______________ Court for ______________ County, Tennessee Signature: ____________________
STATE OF TENNESSEE
COUNTY OF
1. I am ____________________ [name of child] born on ______________.
2. I understand that ____________________ [name of prospective adoptive parent(s)] have filed a petition to adopt me.
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.
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.
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.
6. No one has pressured me to agree to this adoption, and I believe that my adoption is in my best interest.
7. I freely and voluntarily, without pressure from anyone, consent to this adoption. This the ____________________day of ____________________, 20____________________. FURTHER AFFIANT SAITH NOT Please Print: ____________________ Signature: ____________________ Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________. Please Print: ______________ Judge of the ______________ Court for ______________ County, Tennessee Signature: ____________________
This the ____________________day of ____________________, 20____________________.
FURTHER AFFIANT SAITH NOT
Please Print: ____________________
Signature: ____________________
Sworn to and subscribed before me this ____________________ day of ____________________, 20____________________.
Please Print: ______________
Judge of the ______________ Court for
______________ County, Tennessee
Signature: ____________________
(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).
(j) (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) (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. (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. (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) 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.
(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) (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. (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. (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.
(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.
(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.
(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) 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.
(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.
(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.
(m) (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) [Deleted by 2024 amendment.] (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) 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.
(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) [Deleted by 2024 amendment.]
(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) 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.
(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 .
(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.
Amended by 2024 Tenn. Acts, ch. 996,s 19, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 18, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 16, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 15, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 14, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 263, s 7, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 263, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 363, s 5, eff. 5/5/2023.
Amended by 2023 Tenn. Acts, ch. 393, s 2, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 16, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 937, s 10, eff. 7/1/2022.
Amended by 2020 Tenn. Acts, ch. 525, Secs.s 8, s 9 eff. 3/6/2020.
Amended by 2019 Tenn. Acts, ch. 36, Secs.s 29, s 32 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 36, Secs.s 33, s 34 eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 875, Secs.s 20, s 32 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 875, s 19, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 535, s 1, eff. 3/7/2018.
Amended by 2016 Tenn. Acts, ch. 919, s 13, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 636, s 3, eff. 3/23/2016.
Acts 1951, ch. 202, § 7 (Williams, § 9572.21); Acts 1955, ch. 320, § 2; 1955, ch. 345, § 1; 1959, ch. 223, § 3; 1961, ch. 150, § 2; impl. am. Acts 1975, ch. 219, § 1; 1976, ch. 455, § 1; T.C.A. (orig. ed.), § 36-108; § 36-1-108 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 53-56, 113; 1997 , ch. 551, §§ 57 - 65; 1998, ch. 1098, §§ 5 - 7; 2003 , ch. 231, § 14; 2007 , ch. 199, §§ 1, 2; 2008 , ch. 1059, § 5; 2008 , ch. 1162, § 1; 2010 , ch. 842, § 2; 2010 , ch. 849, § 1.
Tenn. Code Ann. § 36-3-609 — TN Code / Title 36 / Chapter 3 / Section 36-3-609
Effectiveness of order of protection - Service
Status: in_force

(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) The judge and all parties or counsel; (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) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel. (b) (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) Notwithstanding § 16-15-902 , an ex parte order of protection may be served within one (1) year of issuance. (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. (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. (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. Amended by 2021 Tenn. Acts, ch. 60, s 1, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 720, s 2, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 993,s 1, eff. 5/22/2014. Acts 1979, ch. 350, § 11; T.C.A., § 36-1211; Acts 1987, ch. 270, § 8; 1993, ch. 484, § 2; 2000, ch. 638, § 1; 2000, ch. 781, § 1; 2004, ch. 588, § 1; 2011 , ch. 39, § 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) The judge and all parties or counsel; (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) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel.
(1) The judge and all parties or counsel;
(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) The judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel.
(b) (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) Notwithstanding § 16-15-902 , an ex parte order of protection may be served within one (1) year of issuance.
(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) Notwithstanding § 16-15-902 , an ex parte order of protection may be served within one (1) year of issuance.
(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.
(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.
(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.
Amended by 2021 Tenn. Acts, ch. 60, s 1, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 720, s 2, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 993,s 1, eff. 5/22/2014.
Acts 1979, ch. 350, § 11; T.C.A., § 36-1211; Acts 1987, ch. 270, § 8; 1993, ch. 484, § 2; 2000, ch. 638, § 1; 2000, ch. 781, § 1; 2004, ch. 588, § 1; 2011 , ch. 39, § 1.
Tenn. Code Ann. § 36-7-205 — TN Code / Title 36 / Chapter 7 / Section 36-7-205
Filing of agreement or power of attorney with court
Status: in_force

An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall be binding upon the parties upon approval by the court. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall be binding upon the parties upon approval by the court. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-6-217 — TN Code / Title 36 / Chapter 6 / Section 36-6-217
Continuing jurisdiction of state courts - Jurisdiction to modify own decrees
Status: in_force

(a) Except as otherwise provided in § 36-6-219 , a court of this state which has made a child-custody determination consistent with this part has exclusive, continuing jurisdiction over the determination until: (1) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. (b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 36-6-216 . Acts 1999, ch. 389, § 18.
(a) Except as otherwise provided in § 36-6-219 , a court of this state which has made a child-custody determination consistent with this part has exclusive, continuing jurisdiction over the determination until: (1) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(1) A court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 36-6-216 .
Acts 1999, ch. 389, § 18.
Tenn. Code Ann. § 36-5-2207 — TN Code / Title 36 / Chapter 5 / Section 36-5-2207
Determination of controlling child support order
Status: in_force

(a) If a proceeding is brought under parts 20-29 of this chapter and only one (1) tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under parts 20-29 of this chapter and two (2) or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the order of that tribunal controls and must be so recognized; (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter: (A) An order issued by a tribunal in the current home state of the child controls; but (B) If an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the tribunal of this state shall issue a child support order, which controls. (c) If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to part 26, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 36-5-2205 or § 36-5-2206 . (f) A tribunal of this state that determines by order which is the controlling order under subdivision (b)(1) or (b)(2) or subsection (c), or that issues a new controlling order under subdivision (b)(3), shall state in that order: (1) The basis upon which the tribunal made its determination; (2) The amount of prospective support, if any; and (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 36-5-2209 . (g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under parts 20-29 of this chapter. Acts 2010, ch. 901, § 1.
(a) If a proceeding is brought under parts 20-29 of this chapter and only one (1) tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
(b) If a proceeding is brought under parts 20-29 of this chapter and two (2) or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the order of that tribunal controls and must be so recognized; (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter: (A) An order issued by a tribunal in the current home state of the child controls; but (B) If an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the tribunal of this state shall issue a child support order, which controls.
(1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the order of that tribunal controls and must be so recognized;
(2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter: (A) An order issued by a tribunal in the current home state of the child controls; but (B) If an order has not been issued in the current home state of the child, the order most recently issued controls.
(A) An order issued by a tribunal in the current home state of the child controls; but
(B) If an order has not been issued in the current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under parts 20-29 of this chapter, the tribunal of this state shall issue a child support order, which controls.
(c) If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to part 26, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 36-5-2205 or § 36-5-2206 .
(f) A tribunal of this state that determines by order which is the controlling order under subdivision (b)(1) or (b)(2) or subsection (c), or that issues a new controlling order under subdivision (b)(3), shall state in that order: (1) The basis upon which the tribunal made its determination; (2) The amount of prospective support, if any; and (3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 36-5-2209 .
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by § 36-5-2209 .
(g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under parts 20-29 of this chapter.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-106 — TN Code / Title 36 / Chapter 5 / Section 36-5-106
Reports pursuant to Fair Credit Reporting Act
Status: in_force

(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. (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) . (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. Acts 1985, ch. 477, § 18; 1994, ch. 987, § 7; 1997, ch. 551, § 21; 2001, ch. 447, § 5.
(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.
(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) .
(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.
Acts 1985, ch. 477, § 18; 1994, ch. 987, § 7; 1997, ch. 551, § 21; 2001, ch. 447, § 5.
Tenn. Code Ann. § 36-4-129 — TN Code / Title 36 / Chapter 4 / Section 36-4-129
Stipulated grounds and/or defenses - Grant of divorce
Status: in_force

(a) In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses. (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. Acts 1989, ch. 543, § 1; 1998, ch. 1059, §5; 2008 , ch. 868, § 2.
(a) In all actions for divorce from the bonds of matrimony or legal separation the parties may stipulate as to grounds and/or defenses.
(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.
Acts 1989, ch. 543, § 1; 1998, ch. 1059, §5; 2008 , ch. 868, § 2.