reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-108 - Designation of beneficiaries of employee pension, stock bonus or investment plans

(a)
If a person, entitled to receive payment in money, securities, or other property under a pension, retirement, death benefit, stock bonus, profit-sharing or employees' savings and investment plan, system or trust, designates, as provided in this section, a payee or beneficiary to receive payment of the money, securities, or other property upon death of the person making the designation or to receive payment of the money, securities, or other property upon the death of any other person, the right of the person or persons so designated to receive payment in accordance with the designation, and the ownership of the money, securities or other property so received, shall not be defeated or impaired by any statute or rule of law governing the transfer of property by will or gift or on intestacy.
(b)
This section is applicable to a designation even though it is revocable or subject to change by the person who makes it, and even though the money, securities or other property under the designation are not yet payable at the time the designation is made or the money, securities or other property are subject to withdrawal, collection or assignment by the person making the designation.
(c)
A person entitled to receive payment includes:
(1)
An employee or participant in a pension, retirement, death benefit, stock bonus, profit-sharing or employees' savings and investment plan, system or trust; and
(2)
Any person entitled to receive payment by reason of a payee or beneficiary designation described in this section.
(d)
A designation of a beneficiary or payee to receive payment upon death either of the person making the designation or of any other person must be made in writing and signed by the person making the designation, and must be agreed to by the employer or be made in accordance with rules prescribed for the pension, retirement, death benefit, stock bonus, profit-sharing or employees' savings and investment plan, system or trust.
(e)
This section shall not alter, abridge or limit title 29, chapter 12; title 31, chapter 1; title 66, chapter 3; or title 67, chapter 8, parts 2-4.
Acts 1961, ch. 133, §§ 1-4; T.C.A., §§ 35-611 -- 35-614.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-109 - Incorporation of Section 35-50-110 in will or trust instrument

(a)
By a clearly expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing by which a trust estate is created inter vivos, the language contained in the introductory paragraph of §
35-50-110
, and in any one (1) or more of subdivisions (1)-(33) of that section, may be, by appropriate reference made to that language, incorporated in the will or other written instrument, to be applicable either to the fiduciary authorized to administer the estate of the testator, or to the fiduciary authorized to administer a trust estate established or to be established pursuant to the terms of the will or other written instrument, or to both types of fiduciaries, with the same effect and subject to the same judicial interpretation and control in appropriate cases as though the language were set forth verbatim in the instrument; provided, that the language contained in §
35-50-110(1)-(4)
is appropriate only with respect to powers to be vested in the one (1) or more executors of the estate of a decedent, and is available only for incorporation by reference in a will, as powers of the executor or executors of the will.
(b)
(1)
"Estate," as used in any subdivision of §
35-50-110
, is construed to mean the estate of the decedent if by reference to the subdivision it has been made applicable to the executor or executors of a will, and is construed to mean the trust estate if by reference to the subdivision it has been made applicable to the trustee or trustees of such an estate.
(2)
As used in this section and §
35-50-110
, "fiduciary," and the masculine singular form of the pronoun referring to the fiduciary, are construed to mean the one (1) or more executors, whether male, female or corporate, of the estate of a decedent, or the one (1) or more trustees, whether male, female or corporate, of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate.
(c)
Nothing contained in this section and §
35-50-110
shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action, or to restrain a fiduciary in the taking of any action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument in which all or any part of §
35-50-110
is incorporated by reference.
Acts 1963, ch. 110, §§ 1, 2, 4; T.C.A., §§ 35-616, 35-617, 35-619; Acts 1991, ch. 182, § 1.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-111 - Fiduciary bond on interest

Whenever a fiduciary, as defined in §
35-2-102
, is required by law to execute a bond for assets placed with a financial institution in the form of a bank, trust company or savings and loan association, and the fiduciary agrees with the institution not to withdraw the principal of the assets, the bond required of the fiduciary shall be for the amount of the interest. No bond adjustment is necessary if the principal, or a portion of the principal, is withdrawn with court approval. The authorization for elimination of bond on the principal so deposited with the financial institution shall not apply unless the agreement by the fiduciary with the institution is approved by the court charged with administering the funds or the estate of the minor, and unless the agreement is filed in and enforced by the court.
Acts 1976, ch. 675, § 2; T.C.A., § 35-621.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-112 - Impairment of marital deduction prohibited

No executor, trustee or other fiduciary may take, or refuse to take, any action, or make or retain any investment, the result of which would defeat an otherwise available marital deduction under the Internal Revenue Code (26 U.S.C.), or under the laws of this state, if the obvious and expressed intent of the testator or settlor was to take advantage of this deduction. After May 23, 1977, this section applies to all acts or investments, by all executors, trustees or other fiduciaries, as to all wills and trusts, whenever these instruments were executed or created.
Acts 1977, ch. 336, §§ 1, 2; T.C.A., § 35-622; Acts 1985, ch. 140, § 33.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-113 - Powers exercisable by majority - Liability

(a)
Unless it is otherwise provided by an instrument under which the fiduciaries are acting, or an amendment of the instrument, or by court order, any power vested in three (3) or more fiduciaries, other than the power to remove a fiduciary, may be exercised by a majority of those fiduciaries; but no fiduciary who has not joined in exercising a power shall be liable to the beneficiaries or to others for the consequences of that exercise, nor shall a dissenting fiduciary be liable for the consequences of an act in which that fiduciary joins at the direction of the majority fiduciaries, if the fiduciary expressed the dissent in writing to the cofiduciaries at or before the time of the joinder.
(b)
Nothing in this section excuses a cofiduciary from liability for inactivity in the administration of the estate or trust nor for failure to attempt to prevent a breach of trust.
(c)
As used in this section, "fiduciary" is construed to mean the one (1) or more personal representatives, whether male, female or corporate, of a testamentary estate.
(d)
This section is effective with regard to all estates and trusts under administration on or after April 8, 1985, regardless of the date of the instruments under which administration is being carried out or when administration began.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-120 - Blind trust

(a)
A trust shall be considered a "blind trust" if the trust is created to benefit an individual, the individual's spouse or any dependent child and is under the management and control of a trustee who is a bank or trust company authorized to exercise fiduciary powers, a licensed attorney or a broker who:
(1)
Is independent of and not associated with any party interested in the trust;
(2)
Is not or has not been an employee of any interested party or any organization affiliated with any interested party, and is not a partner of, or involved in any joint venture or other investment with any interested party; and
(3)
Is not a relative of any party.
(b)
There shall be no communications direct or indirect between the trustee and an interested party with respect to the trust unless the communication is in writing, except for communications that solely consist of requests for distributions of cash or other unspecified assets of the trust. The written communications shall be limited to the general financial interest and needs of the interested party including, but not limited to, an interest in maximizing income or long-term capital gain.
(c)
The interested parties shall make no effort to obtain information with respect to the holdings of the trust, including obtaining a copy of any trust tax return filed or any information relating to the trust, except as may be needed by the interested parties in order to file tax returns.
(d)
Any trustee of a trust as provided in this section for an interested party that is required to make disclosures under title 8, chapter 50, part 5, shall make to the best of the trustee's knowledge such disclosures as are required or be subject to the penalties provided in §
8-50-505
.
(e)
This section does not apply to any "blind trust" or other trust or financial arrangement or agreement having the same effect or status as a "blind trust" in existence prior to May 12, 1988. All such trusts, arrangements or agreements shall continue to operate in accordance with the terms and conditions under which they were created.
Acts 1988, ch. 951, § 1.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-121 - Delayed receipt of trust corpus

Any trust agreement or declaration of trust may be valid even if no corpus is delivered to the trustee at the time of execution of the instrument if the trustee has the right to receive corpus at a later time or times from the trustor, the trustor's estate or other persons or sources.
Acts 1989, ch. 288, § 4.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-122 - Generation-skipping tax - Definitions

(a)
As used in this section, unless the context otherwise requires:
(1)
"Generation-skipping tax" means the generation-skipping transfer tax imposed by chapter 13 of the Internal Revenue Code (
26 U.S.C. §§ 2601
et seq.);
(2)
"Internal Revenue Code" means the Internal Revenue Code of 1986 and successor provisions and codifications of that Code;
(3)
"Trust" means any express trust, with additions, wherever and however created, or any separate share of a trust, and includes any arrangement, other than an estate, that, although not a trust, has substantially the same effect as a trust; and
(4)
"Trustee" means an original, additional or successor trustee, whether or not appointed or confirmed by a court, and, in the case of an arrangement that is not a trust but is treated as a trust for purposes of the generation-skipping tax, includes the person in actual or constructive possession of the property subject to the arrangement.
(b)
A trustee is authorized, but not required, to divide any trust into two (2) or more separate trusts, of equal or unequal value, in order to create one (1) or more trusts entirely exempt from the generation-skipping tax and one (1) or more trusts entirely subject to the generation-skipping tax. Other terms and provisions of both trusts will remain substantially identical in all respects to the original trust.
(c)
The purpose of this section is to authorize a trustee to take appropriate action to preclude or minimize to the extent possible the imposition of the generation-skipping tax, and this section shall be broadly construed to carry out this purpose.
(d)
A trustee may exercise the authority granted in this section without prior approval or leave of any court.
(e)
Any trustee who in good faith acts or fails to act shall not be liable to any person for taking or failing to take any action authorized by this section.
(f)
This section applies to any trust that may be subject to chapter 13 of the Internal Revenue Code.
Acts 1991, ch. 192, §1; 1997 , ch. 407, § 7; 2004, ch. 866, § 8.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-123 - Powers of fiduciaries

Each fiduciary, as defined in §
35-2-102
, has the powers enumerated in §
35-50-110(32)
.
Acts 1992, ch. 951, § 13.
2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 35-50-101 — 35-50-125) › Section 35-50-125 - Release of personal health information to determine capacity

Where it is necessary, under the terms of a trust to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the settlor, or of the donor, or of the trustee, or of the agent or other fiduciary under a trust that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-103 - Prior adoptions and terminations of parental rights involving minors and prior adoptions of adults ratified

(a)
All proceedings for the adoption of children in the courts of this state, including any proceedings that terminated parental or guardianship rights, are hereby validated and confirmed and the orders and judgments entered therein prior to January 1, 1996, are declared to be binding upon all parties to the proceedings and such parties' privies and all other persons, until such orders or judgments shall be vacated as provided by law; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue.
(b)
Adoptions and terminations of parental rights pending on January 1, 1996, and surrenders and consents executed prior to January 1, 1996, shall be governed by prior existing law.
(c)
All adoptions of persons who are adults as of January 1, 1996, that were completed before January 1, 1996, in the courts of this state, pursuant to the then-existing provisions of this part, are hereby in all things ratified and confirmed.
(d)
Notwithstanding any law to the contrary, surrenders taken and adoptions filed on or after January 1, 1996, and before October 1, 1996, which complied with the prior adoption law that was in effect on December 31, 1995, are in all things ratified and confirmed and shall be valid and lawful; provided, that this section does not apply to adoption proceedings or terminations of parental rights proceedings actually pending on January 1, 1996, in which the validity of a prior adoption or termination of parental rights proceeding is at issue. It is the intent of the general assembly to prevent any declaration of invalidity of any surrenders or adoptions taken or filed on or after January 1, 1996, and before October 1, 1996, for failure to properly comply with the provisions of chapter 532 of the Public Acts of 1995, which took effect on January 1, 1996, and which amended prior adoption law and procedures. This section is remedial legislation and shall have retrospective effect in order to promote the public welfare and to preserve the permanency of adoptive placements for children.
Acts 1965, ch. 152, § 1; T.C.A., § 36-138; Acts 1978, ch. 704, § 2; T.C.A., § 36-139; §
36-1-138
; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 105.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-104 - Withholding of material information concerning the status of the parents or guardian of a child subject to surrender, termination of parental rights or adoption - Misdemeanor

Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation.
Amended by 2019 Tenn. Acts, ch. 36,s 18, eff. 7/1/2019.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 16.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-105 - Violation of criminal provisions of part by state employee - Dismissal

Any employee of the state of Tennessee who is convicted of the violation of any of the criminal provisions of this part shall be instantly dismissed from the state service and shall never again be eligible for employment in state service.
Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-107 - Persons to whom this part is applicable

(a)
Any person, irrespective of place of birth, citizenship, or place of residence, may be adopted or readopted in accordance with this part.
(b)
A single person may file a petition for the adoption of a child.
(c)
An adult may be adopted.
Acts 1951, ch. 202, § 3 (Williams, § 9572.17); T.C.A. (orig. ed.), § 36-103; §
36-1-103
; Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-110 - Parent under eighteen years of age - Surrender

(a)
A parent who has not reached eighteen (18) years of age shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights to a child, and shall be as fully bound thereby as if the parent had attained eighteen (18) years of age.
(b)
The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given if deemed necessary to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights.
Acts 1951, ch. 202, § 8 (Williams, § 9572.22); T.C.A. (orig. ed.), § 36-109; §
36-1-109
; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 20.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-114 - Venue

(a)
The termination petition may be filed in the county:
(1)
Where the petitioners reside;
(2)
Where the child resides;
(3)
Where, at the time the petition is filed, any respondent resides;
(4)
In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part;
(5)
Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
(6)
Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
(b)
The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6).
Amended by 2023 Tenn. Acts, ch. 263, s 15, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 875, s 13, eff. 7/1/2018.
Acts 1951, ch. 202, § 12 (Williams, § 9572.26); T.C.A. (orig. ed.), § 36-104; 36-1-104; Acts 1995, ch. 532, § 1; 2008 , ch. 1059, § 4.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-119 - Final order of adoption - When entered

(a)
Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to §
36-1-106
; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months.
(b)
If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption.
(c)
(1)
If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(2)
If the child was voluntarily left at a facility or in a newborn safety device pursuant to §
68-11-255
, the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption.
(d)
If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered.
(e)
If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner.
Amended by 2023 Tenn. Acts, ch. 293, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 8, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 7, eff. 7/1/2023.
Acts 1951, ch. 202, § 21 (Williams, § 9572.35); Acts 1955, ch. 320, § 4; 1959, ch. 223, § 9; 1961, ch. 150, § 5; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-124; Acts 1989, ch. 229, § 1; 1992, ch. 994, § 1; T.C.A., §
36-1-124
; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 57; 2006, ch. 890, § 3.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-122 - Binding effect of adoption

(a)
When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law.
(b)
(1)
After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law.
(2)
In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose.
(3)
The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding.
(4)
After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to §
36-1-145
.
Amended by 2023 Tenn. Acts, ch. 263, s 8, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 363, s 6, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 8, eff. 7/1/2022.
Acts 1951, ch. 202, §§ 27, 30 (Williams, §§ 9572.41, 9572.44); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-127; §
36-1-127
; Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-123 - Biological parents illegally obtaining custody of a child - Custodial interference - Survival of existing restraining order

(a)
Any biological or prior legal parents or guardian whose rights to a child have been terminated by order of any court under this part or any other title or by the laws of any other state or territory, or foreign country, or by a surrender, parental consent, or waiver of interest, and who shall, otherwise than by legal process, obtain custody of the child shall be in violation of and shall be subject to prosecution pursuant to §
39-13-306
.
(b)
A restraining order or order of protection that restrains any person from contacting or otherwise interfering with a child and that is entered prior to the finalization of the adoption shall survive the adoption of the child unless such order is expressly set aside by the court that entered the order or the court hearing the adoption. Actions to enforce or modify such order post-adoption may be brought by the adoptive parent in the court that issued the order or in the court that heard the adoption.
Amended by 2022 Tenn. Acts, ch. 937, s 7, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 919, s 17, eff. 7/1/2016.
Acts 1951, ch. 202, § 32 (Williams, § 9572.46); T.C.A. (orig. ed.), § 36-133; §
36-1-132
; Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-124

(a)
In all cases where the termination of parental rights or adoption of a child is contested by any person or agency, the trial court shall, consistent with due process, expedite the contested termination or adoption proceeding by setting a scheduling conference within thirty (30) days of the filing of a response or answer to a petition for termination of parental rights or adoption and entering such scheduling orders as are necessary to ensure that the case is not delayed. The court shall give the case priority in setting a final hearing of the proceeding and shall be heard at the earliest possible date over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(b)
In all cases that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case shall be given priority over all other civil litigation in reaching a determination on the status of the adoption, other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
(c)
It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than child protective services cases arising under title 37, chapter 1, parts 1, 4 and 6.
(d)
A notice of appeal in a termination of parental rights action must not be filed by an attorney who is not specifically authorized by the appellant to file a notice of appeal on the appellant's behalf.
Amended by 2024 Tenn. Acts, ch. 996,s 22, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 996,s 21, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 875, s 35, eff. 7/1/2018.
Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-125 - Confidentiality of records - Penalties for unauthorized disclosure - Protected orders

(a)
All adoption records, sealed adoption records, or sealed records held by a court, the department, a licensed child-placing agency, a licensed clinical social worker or any other person, and not yet under seal, or any sealed adoption records or sealed records that have been unsealed for any reason, any post-adoption records, and any adoption assistance records are confidential and shall not be subject to disclosure except as provided in this part.
(b)
Adoption records, home studies or preliminary home studies may be utilized by the judge of the court, by the clerk of the court, or by the department, or by a licensed child-placing agency or a licensed clinical social worker, in any act consistent with the litigation of the adoption, custody or guardianship proceedings involving a person in any court, or for the placement, study, or supervision of a person for whom an adoption or custody or guardianship proceeding is pending in any court, and which records may be necessary to carry out such judge's, clerk's, department's, agency's, or social worker's duties consistent with the law.
(c)
If any adoption records, sealed adoption records, sealed records, post-adoption records, adoption assistance records, home studies, preliminary home studies or information obtained in connection therewith are required by court order under this part to be disclosed for any legal proceeding other than the adoption proceeding or termination of parental rights proceedings, the court in which they are to be utilized shall enter a protective order to restrict their further disclosure or dissemination. Such records, studies, or information shall not become a public record in any legal proceeding.
(d)
Unauthorized disclosure of any records, studies or information protected as confidential under this part is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 58-62.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-128 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 84, 85, 114.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-129 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, §§ 1, 19; 1996, ch. 1054, §§ 97, 115.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-130 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 87, 116-118.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-131 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101,s 28, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 88.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-132 - [Repealed]

Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 119; 1996, ch. 1068, § 1; 1998, ch. 1002, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-133 - Release of nonidentifying information concerning biological or legal family

(a)
Upon written request of an adopted person eighteen (18) years of age or older or of the adoptive parents or guardian of an adopted person under eighteen (18) years of age, the biological or legal relatives of an adopted person, the lineal descendants of the adopted person, or the legal representatives of such persons, the department shall provide to such persons, upon proper identification of such persons by the department, nonidentifying information about the adopted person and such person's biological or legal relatives as may be contained in the adopted person's sealed adoption record, sealed record or post-adoption record.
(b)
The information that may be released shall include only the following; provided, that nothing in this section shall be construed to authorize or require the release of any information from a sealed adoption record, sealed record or post-adoption record if such information would lead to the discovery of the identity or whereabouts of the biological or legal relatives of the adopted person unless §
36-1-138
is applicable:
(1)
The date and time of the birth of the adopted person and such person's weight and other physical characteristics at birth;
(2)
The age of the adopted person's biological relatives at the time of such person's birth;
(3)
The nationality, ethnic background, race and religious preference of the biological or legal relatives;
(4)
The educational level of the biological or legal relatives, general occupation and any talents or hobbies;
(5)
A general physical description of the biological or legal relatives, including height, weight, color of hair, color of eyes, complexion and other similar information;
(6)
Whether the biological or legal parent had any other children, and if so, any available nonidentifying information about such children; and
(7)
Available health history of the adopted person, and the person's biological or legal relatives, including specifically, any psychological or psychiatric information that would be expected to have any substantial effect on the adopted person's mental or physical health.
(c)
Whenever the department releases information pursuant to this section and it appears from the record that the adopted person who has sought information has been adopted two (2) or more times, the department shall specify whether the information released pertains to the adopted person's birth parents or to any intervening adoptive parent or parents.
Amended by 2021 Tenn. Acts, ch. 101, s 18, eff. 7/1/2022.
Amended by 2015 Tenn. Acts, ch. 199, s 1, eff. 7/1/2015.
Acts 1982, ch. 668, § 1; T.C.A., § 36-141; §
36-1-140
; Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 89, 90, 120; 2003 , ch. 231, § 16.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-134 - Transmission of information between affected parties - Access to records of deceased or disabled persons - Updating of information to allow contact

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-136 - Notification made as part of search, contact or identifying requests

(a)
(1)
Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under §
36-1-127(c)(1)(A)
, shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by §
36-1-135
, or with the legal representative of such persons.
(2)
Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under §
36-1-127(c)(1)(A)
, shall be with the parents or legal representative of such biological or legal relative.
(3)
Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.
(b)
Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be:
(1)
By the adopted person or a person for whom records are maintained as described under §
36-1-127(c)(1)(A)
and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by §
36-1-135
;
(2)
By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under §
36-1-127(c)(1)(A)
; or
(3)
By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 122.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-137 - Inability of department to verify adoptive status of relationships - Waiting period to request further searches - Limitations on searches

(a)
If, after reviewing the sealed adoption records, the sealed records or the post-adoption records, and any other credible evidence, and after conducting a diligent search and making any other reasonable inquiries as to the adoptive status of a requesting party or the relationship of the biological or legal relatives to the adopted person or any person for whom records are maintained as described in §
36-1-127(c)(1)(A)
, or of the adopted person or any person for whom records are maintained as described in §
36-1-127(c)(1)(A)
, to a biological or legal relative, as the case may be, the department is unable to verify the requesting party's adoptive status or the legal, biological, or sibling relationships of the persons seeking to establish contact to the persons sought or the status of any legal representatives, then the department shall notify the requesting party of this fact and the basis for the inability to verify the relationship, but shall not provide access to any record to the requesting party, or otherwise authorize contact with the person sought or transmit information between any parties.
(b)
No additional searches shall be required to be made pursuant to this part in an effort to establish relationships, status or contact for a period of six (6) months from the date of the department's response to the requesting party unless satisfactory evidence is presented to the department in the interim to justify additional searches or unless, in the department's discretion, circumstances warrant such further attempts.
(c)
[Deleted by 2021 amendment.]
(d)
No more than two (2) records search or contact attempts shall be required to be made by the department, unless, in the department's discretion, circumstances warrant further attempts.
Amended by 2021 Tenn. Acts, ch. 101, s 21, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 91.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-139 - Penalty for providing false information related to information requests

Any person who or entity that knowingly provides false information to the department, a licensed child-placing agency or licensed clinical social worker, or the court in connection with any of the provisions of §§
36-1-125
- 36-1-138 or §
36-1-141
, or the rules and regulations of the department that establish procedures for search requests or access to records, commits a Class E felony.
Acts 1995, ch. 532, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 1 - GENERAL PROVISIONS (§§ 36-1-101 — 36-1-149) › Section 36-1-140 - Immunity for actions in good faith by department personnel and immunity of certain other persons

(a)
The actions of the personnel of the department, or the departments of health, finance and administration, and general services, or their successors, undertaken in the performance of their duties pursuant to §§
36-1-125
- 36-1-138 or pursuant to §
36-2-318
, or those actions of a licensed child-placing agency or licensed clinical social worker when acting pursuant to §
36-1-134
, within the scope of its authority shall be presumed to be undertaken in good faith and the personnel of these departments or licensed child-placing agencies or the licensed clinical social worker and the officers and agents of the state shall thereby be entitled to absolute immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. The presumption shall only be overcome by clear and convincing evidence that the actions were malicious or were for personal gain.
(b)
The absolute immunity of subsection (a) shall extend to information provided by any of the entities, their officers, personnel or agents under subsection (a) that is obtained from another source and that is either incorrect or false.
(c)
No information that is released pursuant to this part concerning a biological or legal parent or guardian who voluntarily surrendered or consented to adoption of a child shall be the basis for any civil liability of the biological or legal parent or guardian.
Acts 1995, ch. 532, § 1.