reglab/statecodes huggingface dataset:
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 36-1-143 - Post-adoption services to support permanency in adoption

(a)
The department shall provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption.
(b)
The department shall provide the following post-adoption services either directly or through purchase of service providers:
(1)
Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers;
(2)
Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit;
(3)
Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused;
(4)
Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems;
(5)
Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis;
(6)
Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and
(7)
Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption.
(c)
Post-adoption services are available to:
(1)
Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and
(2)
Biological families of children adopted through the department.
(d)
Nothing in this section shall be construed to prevent access to records of the adopted person as otherwise permitted or required by this part.
(e)
It is the legislative intent that this section shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations.
Acts 2009, ch. 521, § 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 36-1-144 - Categories of information to be provided to adoptive family

(a)
To provide full disclosure about a child to be adopted from the department's guardianship, the department shall provide to the adoptive family the following categories of information, to the extent that they are available:
(1)
Historical and current health information;
(2)
Historical and current educational information;
(3)
Historical and current mental and behavioral health information;
(4)
Nationality, ethnic background, race, and religious preference;
(5)
Other information required for the adoptive family to evaluate its ability to provide appropriate care for the child, including daily routine, social and emotional well-being, and personality;
(6)
Relevant information about the child's experience in foster care and reasons for coming into care;
(7)
Pertinent prenatal and birth information, including birth date, time of birth, weight, and other physical characteristics at birth; and
(8)
A general physical description, including height, weight, hair color, eye color, and any other information related to the child's physical appearance.
(b)
The department shall also provide the following categories of nonidentifying information about the child's biological or legal family, to the extent that they are available:
(1)
Historical and current health information;
(2)
Historical and current educational and occupational information;
(3)
Historical and current mental and behavioral health information;
(4)
Nationality, ethnic background, race, and religious preference; and
(5)
A general physical description, including height, weight, hair color, eye color, and any other information related to the physical appearance of the child's biological or legal family.
(c)
Nothing in this section shall be construed to authorize or require the release of information that may lead to the discovery of the identity or location of the biological or legal relatives of the child to be adopted.
Added by 2015 Tenn. Acts, ch. 199,s 2, eff. 7/1/2015.
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 36-1-146 - Rebuttable presumption that guardian ad litem's fees divided equally between parties

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.
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 36-1-147 - Private licensed child-placing agencies

(a)
To the extent allowed by federal law, no private licensed child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.
(b)
To the extent allowed by federal law, the department of children's services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(c)
To the extent allowed by federal law, a state or local government entity shall not deny to a private licensed child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
(d)
Refusal of a private licensed child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action for either damages or injunctive relief.
Acts 2020, ch. 514, § 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 36-1-148 - Immunization not condition of adoption - Exceptions

(a)
The department shall not require an individual or members of the individual's household to undergo an immunization as a condition of adopting unless the child is under eighteen (18) months of age or has significant documented medical needs that would necessitate the caregiver or members of the caregiver's household being immunized.
(b)
If an individual or member of the individual's household objects to an immunization on the basis of religious or moral convictions, then the exceptions in subsection (a) must not apply and the department shall not require the individual or member of the individual's household to undergo any immunization as a condition of adopting.
Amended by 2024 Tenn. Acts, ch. 699,s 1, eff. 4/11/2024.
Added by 2021 Tenn. Acts, ch. 375, s 1, eff. 5/11/2021.
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 36-1-149 - Confidential adoption record as public records and open to inspection after 100 years have elapsed

Notwithstanding §§
36-1-102
,
36-1-125
,
36-1-126
,
36-1-127
,
68-3-313
, or another law to the contrary, all adoption records, sealed adoption records, and unsealed adoption records deemed to be confidential pursuant to this part will be a public record and open to inspection when one hundred (100) years have elapsed since the date the adoption was finalized. If an adoption was not finalized, or the date the adoption was finalized is not clearly indicated in the adoption record, then the adoption record will be a public record and open to inspection when one hundred (100) years have elapsed since the creation of the oldest dated item in the adoption record.
Added by 2022 Tenn. Acts, ch. 937, s 15, eff. 7/1/2022.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 2 - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE (§§ 36-1-201 — 36-1-206) › Section 36-1-202 - Amount of assistance

The amounts of adoption assistance and other aid that Tennessee will provide to children with special needs in accordance with Article IV of the Interstate Compact on Adoption and Medical Assistance shall be determined in accordance with §
37-5-106(a)(13)
.
Acts 1985, ch. 35, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 2 - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE (§§ 36-1-201 — 36-1-206) › Section 36-1-203 - Documentation of eligibility

For the purpose of determining eligibility for any benefit under this part from the state of Tennessee, the adoptive parents of any child on whose behalf benefits are sought shall annually furnish the department of children's services documentation establishing that the adoption assistance agreement continues in force or has been renewed.
Acts 1985, ch. 35, § 3; 1996, ch. 1079, § 69.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 2 - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE (§§ 36-1-201 — 36-1-206) › Section 36-1-204 - Applicability of part

This part shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Eligibility of all other children for assistance pursuant to adoption assistance agreements entered into by this state shall be determined in accordance with the laws and regulations applicable thereto.
Acts 1985, ch. 35, § 4.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 2 - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE (§§ 36-1-201 — 36-1-206) › Section 36-1-205 - Violations - Penalties

Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any assistance on behalf of a child or other person pursuant to the Interstate Compact on Adoption Assistance and Medical Assistance to which such child or other person is not entitled or assistance greater than such child or other person is entitled, commits a Class E felony.
Acts 1985, ch. 35, § 5; 1989, ch. 591, § 32.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 2 - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE (§§ 36-1-201 — 36-1-206) › Section 36-1-206 - Construction - Compliance with federal laws

This compact shall, insofar as practical, be construed to be in compliance with all federal laws governing adoption assistance and payment for medical assistance. In the event subsequent changes in federal law or regulations necessitate changes in the text of the compact, the commissioner of children's services is authorized to promulgate such regulations as may be necessary to alter the terms of the compact to comply with federal law or regulations.
Acts 1985, ch. 35, § 6; 1996, ch. 1079, § 69.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 3 - ADOPTION CONTACT VETO REGISTRY (§§ 36-1-301 — 36-1-305) › Section 36-1-301 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 3 - ADOPTION CONTACT VETO REGISTRY (§§ 36-1-301 — 36-1-305) › Section 36-1-302 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 3 - ADOPTION CONTACT VETO REGISTRY (§§ 36-1-301 — 36-1-305) › Section 36-1-303 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 3 - ADOPTION CONTACT VETO REGISTRY (§§ 36-1-301 — 36-1-305) › Section 36-1-304 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 1 - ADOPTION (§§ 36-1-101 — 36-1-305) › Part 3 - ADOPTION CONTACT VETO REGISTRY (§§ 36-1-301 — 36-1-305) › Section 36-1-305 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 101, s 28, eff. 7/1/2022.
Acts 1998, ch. 1022, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-301 - Statement of purpose

This chapter provides a single cause of action to establish parentage of children other than establishment by adoption pursuant to chapter 1 of this title, or by acknowledgement of parentage pursuant to §
68-3-203(g)
, §
68-3-302
or §
68-3-305(b)
.
Acts 1997 , ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-302 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Child born out of wedlock" means a child born to parents who are not married to each other when the child was born;
(2)
"Court" means the juvenile court or any trial court with general jurisdiction;
(3)
"Father" means the biological father of a child born out of wedlock;
(4)
"Mother" means the biological mother of a child born out of wedlock;
(5)
"Parent" means the biological mother or biological father of a child, regardless of the marital status of the mother and father; and
(6)
"Father," "mother," and "parent" do not include a biological parent whose parental rights have been terminated for a child whose parentage is at issue.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-303 - Custody with mother absent an order of custody

Absent an order of custody to the contrary, custody of a child born out of wedlock is with the mother.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-305 - Agreement to establish parentage - Complaint to establish parentage - Parties - When action may be brought - Order of protection

(a)
The court may enter an order of parentage upon the agreement of the mother and father unless the court on its own motion orders genetic testing. In any such agreement, the mother and father must affirmatively acknowledge their parentage of the child. Any agreement under this part shall comply with the requirements of §
36-2-311
.
(b)
(1)
Absent an agreement or an acknowledgement of parentage as prescribed by §
68-3-203(g)
, §
68-3-302
, or §
68-3-305(b)
, a complaint to establish parentage may be filed. Except as hereinafter provided, Tennessee Rules of Civil Procedure shall govern all actions under this subsection (b).
(2)
A complaint to establish parentage of a child may be filed by:
(A)
The child, if the child has reached the age of majority, or if the child is a minor, the child through a guardian or next friend;
(B)
The child's mother, or if the mother is a minor, the mother's personal representative, parent, or guardian;
(C)
A man claiming to be the child's father, or if the man is a minor, the man's parent, guardian, or personal representative;
(D)
The department of human services or its contractor.
(3)
One (1) man or several men may be named as the father. The naming of one (1) man as father does not preclude a later suit against another man if the court finds that the first man is not the father of the child.
(4)
If an action under this section is brought before the birth of the child, all proceedings may be stayed until after the birth, except service of process, the taking of depositions to preserve testimony, and the performance of genetic testing.
(5)
If the alleged father threatens or attempts to harm the complainant in any manner, the court may enter an order of protection pursuant to chapter 3, part 6 of this title. Nothing in this subsection (b) shall be construed to alter or increase the jurisdiction of the juvenile courts to issue orders of protection except when the parties are before the court in connection with a complaint filed pursuant to this chapter.
(6)
The action may be commenced by service of a summons as in civil cases and tried as a civil action. In the alternative, notice of the filing of the complaint shall be delivered to the defendant or the defendant's representative or shall be sent to the defendant at the defendant's last known address. If the defendant fails to make an appearance or file an answer to the complaint, the court may proceed as in civil cases or may issue a warrant for the apprehension of the defendant, directed to any officer in this state authorized to execute warrants, commanding such officer without delay to apprehend the defendant and bring the defendant before the court for the purpose of having an adjudication as to the paternity of the child, and such warrant may be issued to any county of this state.
Acts 1997, ch. 477, § 1; 2001, ch. 447, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-306 - Statute of limitations

An action to establish the parentage of a child may be instituted before or after the birth of the child and until three (3) years beyond the child's age of majority. This chapter shall not affect the relationship of parent and child as established in §
31-2-105
.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-307 - Jurisdiction - Venue

(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.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-308 - Conduct of trial - Expedited hearings

(a)
The trial shall be without a jury.
(b)
Hearings under this section shall be expedited on the court's civil docket.
(c)
Upon proper motion, default judgment shall be entered against the defendant upon showing of service of process on the defendant where the defendant has failed to answer or make an appearance within thirty (30) days of service of process.
(d)
Bills for the mother's care during pregnancy and childbirth and genetic testing shall be admissible without requiring third party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-309 - Tests to determine parentage

(a)
Tests for parentage in actions arising pursuant to this part or in any actions to determine parentage shall be conducted pursuant to §
24-7-112
.
(b)
The state of Tennessee, its officers, employees, agents or contractors shall not be liable to any person for, nor be ordered to refund to any person, any moneys received pursuant to an order entered pursuant to this part that is subsequently set aside by the court due to a finding of nonpaternity of the person previously adjudicated as the child's father. Nothing in this subsection (b) shall preclude the issuance of a judgment against the mother or actual biological father of the child or children in favor of the person subsequently found not to be the father of a child or children.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 10.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-310 - Temporary order of support

The court shall, upon motion of the party, enter a temporary order of child support pending the final determination of paternity upon a showing of clear and convincing evidence of parentage on the basis of genetic tests.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-312 - Custody and visitation issues

(a)
In any case that is brought by the department of human services or its contractors, the Title IV-D child support office shall have no authority to represent the state of Tennessee on issues of custody or parental access. The fact that custody and parental access are sought in a petition that is filed by the department or its contractors to comply with this part, or that the court orders the department or its contractors to enter the finding of fact or the conclusions of law of the court relative to a custody or parental access determination in its order, shall not be deemed to make the department or its contractors responsible for presenting any evidence on these issues or to have any continuing duty to present evidence on these issues in any subsequent hearing. The department or its contractors shall have the duty to inform the individuals in the Title IV-D case that the department or its contractors will not provide legal assistance relative to custody or parental access and that the individual has a right to independent counsel for such representation.
(b)
The department may apply for and utilize any federal grants for the purpose of implementing a pilot project for access and visitation programs. The department may contract with other persons or entities to establish the pilot projects that will be administered by the department; provided, that in establishing any such pilot project through contract, the department shall give preference to existing family preservation services programs, family resource centers, headstart programs and other established programs for children.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-313 - Inheritance of child from father - Information to commissioner of health - Recovery of fees paid by the department of health - New birth certificates

(a)
When, under this chapter, the relationship of father and child is established, the child shall be entitled to inherit from the father as if born to the father in wedlock.
(b)
When an order of parentage has been entered, the clerk of the court shall transmit to the commissioner of health, on a form prescribed by the commissioner, a written notification as to such order, together with such other facts as may assist in identifying the birth record of the child whose parentage is at issue. The form shall contain at a minimum the information required by §
36-2-311(a)(1)-(8)
. If such order shall be abrogated by a later judgment or order of the same or a higher court, that fact shall be immediately communicated in writing to the commissioner, on a form prescribed by the commissioner, by the clerk of the court that entered such order, if the information is available in the court records.
(c)
The court shall include in each order of parentage an order that the nonprevailing party or, if parentage was not contested, the person who is being confirmed as the father of the child by the order of parentage, pay into the court an amount equal to the sum of any fees required to be paid by the department of health, or any successor to the department, for the processing or issuance of a birth certificate. Any money paid into court pursuant to this subsection (c) shall be received by the clerk and paid out by the clerk as required by subsection (d).
(d)
When an order of parentage has been entered, the clerk of the court shall immediately transmit a certified copy of the order and the completed application for a new certificate of birth by parentage to the registrar of vital records, who shall issue a new certificate of birth by parentage in conformity with the rules and regulations of the department of health. Upon receipt of the fee required by the department of health, the clerk shall transmit the fee to the registrar of vital records. Notwithstanding any law or regulation to the contrary, the registrar shall not be required to issue a new certificate of birth until the fee is paid.
Acts 1997, ch. 477, § 1; 1998, ch. 1098, § 73; 2007, ch. 138, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-314 - Expedited hearings and appeals in contested child custody cases involving unmarried parties

(a)
In all contested custody cases involving unmarried parties and where a paternity test by an accredited laboratory is known to exist or has been requested of or by the court, the court shall, consistent with due process, expedite the contested custody proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority in setting a final hearing of the proceeding and must be heard at the earliest possible date over all other civil litigation other than contested adoption and termination of parental rights cases pursuant to §
36-1-124
and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(b)
In all contested custody cases involving unmarried parties that are appealed from the decision of a trial court, the appellate court shall, consistent with its rules, expedite the contested custody case if a paternity test by an accredited laboratory is a part of the record, by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case must be given priority over all other civil litigation, other than contested adoption and termination of parental rights cases pursuant to §
36-1-124
and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
(c)
It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a contested custody proceeding involving unmarried parties and a paternity test by an accredited laboratory not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than adoption and termination of parental rights cases pursuant to §
36-1-124
and child protective services cases arising under title 37, chapter 1, parts 1, 4, and 6.
Added by 2022 Tenn. Acts, ch. 1028, s 1, eff. 5/11/2022.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-315 - Appeals

An appeal from any final order of parentage as provided for in this chapter may be taken to the court of appeals pursuant to the Tennessee Rules of Appellate Procedure.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-316 - Discrimination against children born out of wedlock - Penalty

(a)
No child born out of wedlock shall be deprived of any civil benefit afforded to other citizens by law.
(b)
Any person, including any employee or official of any governmental agency, who deprives any person of any civil benefit afforded to other citizens by law, by reason of the child being born out of wedlock, commits a Class C misdemeanor.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-317 - Official references to illegitimacy

No explicit references shall be made to illegitimacy in any legal proceeding, record, certificates or other papers except the departments of human services and health may keep records of out-of-wedlock births.
Acts 1997, ch. 477, § 1.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-319 - Enrollment of child in supporting party's health care plan

(a)
In any case in which the court enters an order of support in a case enforced under Title IV-D of the Social Security Act (
42 U.S.C. § 651
et seq.), the court shall enter an order providing for health care coverage to be provided for the child or children.
(b)
Section
36-5-501(a)(3)
shall apply with respect to enrollment of a child in the noncustodial parent's employer-based health care plan.
Acts 1997, ch. 551, § 23; 2001, ch. 447, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-320 - License revocation requests

In establishing paternity or enforcing any provision of child support, if the party seeking to establish paternity or to enforce an order of support specifically prays for revocation of a license, or if the court determines on its own motion or on motion of the party seeking to establish paternity or seeking to enforce an order of support that an individual party has failed to comply with a subpoena or a warrant in connection with the establishment of paternity or enforcement of an order of support, the court may invoke the provisions of §
36-5-101(f)(5)
.
Acts 1997, ch. 551, § 26.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-321 - Limitations period for child support payment orders

Judgments for child support payments for each child subject to the order for child support pursuant to this part shall be enforceable without limitation as to time.
Acts 1997, ch. 551, § 46.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 3 - PATERNITY AND LEGITIMATION (§§ 36-2-301 — 36-2-322) › Section 36-2-322 - Payment of overdue support for children receiving assistance

In any case in which a child is receiving assistance under a state program funded under the Social Security Act, Title IV-A (
42 U.S.C. § 601
et seq.), including, but not limited to, temporary assistance as provided under title 71, chapter 3, part 1, and the payment of support for such child is overdue, then, the department of human services may issue an administrative order, directing an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support or to engage in work activities, as otherwise required and defined by §
36-5-113
.
Acts 1997, ch. 551, § 49; 1998, ch. 1098, § 12.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 4 - PARENTAGE OF CHILDREN BORN OF DONATED EMBRYO TRANSFER (§§ 36-2-401 — 36-2-403) › Section 36-2-401 - Single means of establishing parentage - Legislative intent

This chapter provides a single means to establish parentage of children born of donated embryo transfer to recipient intended parent. It is intended to promote the interests of children who may be born as a result of donated embryo transfer. It is the intent that no adoption pursuant to chapter 1 of this title or no parentage pursuant to chapter 3 of this title shall be required to create parentage in recipient intended parent pursuant to this part.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 4 - PARENTAGE OF CHILDREN BORN OF DONATED EMBRYO TRANSFER (§§ 36-2-401 — 36-2-403) › Section 36-2-402 - Part definitions

As used in this part:
(1)
"Embryo" or "human embryo" means an individual fertilized ovum of the human species from the single-cell stage to eight-week development;
(2)
"Embryo parentage" means the acceptance of rights and responsibilities for an embryo by a recipient intended parent;
(3)
"Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo;
(4)
"Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female recipient intended parent;
(5)
"Legal embryo custodian" means the person or entity, including an embryo transfer clinic, who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person; and
(6)
"Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 2 - PATERNITY (§§ 36-2-301 — 36-2-403) › Part 4 - PARENTAGE OF CHILDREN BORN OF DONATED EMBRYO TRANSFER (§§ 36-2-401 — 36-2-403) › Section 36-2-403 - Establishing embryo parentage - Relinquishment of rights and responsibilities

(a)
(1)
A legal embryo custodian may relinquish all rights and responsibilities for an embryo prior to embryo transfer. A written contract shall be entered into as appropriate when establishing embryo parentage prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer:
(A)
Between legal embryo custodians and the embryo transfer clinic; or
(B)
Between a legal embryo custodian and each recipient intended parent.
(2)
The contract shall be signed, as appropriate, by each legal embryo custodian for such embryo, by the embryo transfer clinic or by each recipient intended parent in the presence of a notary public. Initials or other designations may be used if the individuals desire anonymity.
(b)
If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
(c)
Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a), the legal transfer of rights to an embryo shall be considered complete at the time of thawing or to such other time as the parties may agree, and the embryo transfer shall be authorized.
(d)
A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) shall be presumed to be the legal child of the recipient intended parent; provided, that each legal embryo custodian and each recipient intended parent has entered into a written contract pursuant to this part.
(e)
Any and all prior legal embryo custodians whose donation of an embryo has resulted in the birth of a child to a recipient intended parent pursuant to subsection (a) shall have no rights or responsibilities with such child and of the child to them.
Added by 2013 Tenn. Acts, ch. 309,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-101 - Prohibited degrees of relationship

Marriage cannot be contracted with a lineal ancestor or descendant, nor the lineal ancestor or descendant of either parent, nor the lineal descendant of a grandparent, nor the lineal descendants of husband or wife, as the case may be, nor the husband or wife of a parent or lineal descendant.
Amended by 2024 Tenn. Acts, ch. 806,s 1, eff. 4/29/2024.
Code 1858, § 2436 (deriv. Acts 1829, ch. 23, § 18); Shan., § 4185; Code 1932, § 8408; T.C.A. (orig. ed.), § 36-401.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-102 - Second marriage before dissolution of first prohibited - Effect of absence for five years

A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living.
Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16); Shan., § 4188; Code 1932, § 8411; T.C.A. (orig. ed.), § 36-404.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-103 - License required - County of issuance

(a)
Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk.
(b)
All existing marriages that occurred before March 24, 1986, are validated if a marriage certificate was signed by the county clerk either from a county in which the female did not reside or from a county where the marriage was not solemnized.
(c)
(1)
The county clerk issuing a marriage license is hereby authorized to record and certify any license used to solemnize a marriage that is properly signed by the officiant when such license is returned to the issuing county clerk. The issuing county clerk shall forward the record to the office of vital records to be filed and registered with such office. If a license issued by a county clerk in Tennessee is used to solemnize a marriage outside Tennessee, such marriage and parties, their property and their children shall have the same status as if the marriage were solemnized in this state. A county clerk is prohibited from issuing a license for a marriage that is prohibited in this state.
(2)
All existing marriages occurring prior to May 2, 1989, by the authority of a Tennessee license, properly signed and certified by the officiant, are validated and the issuing clerk is authorized to record such license when it is returned to the issuing county clerk and to forward the record to the office of vital records to be filed and registered with such office.
Code 1858, § 2441 (deriv. Acts 1778, ch. 7, §§ 2, 3); Shan., § 4191; Code 1932, § 8414; Acts 1976, ch. 539; § 1; T.C.A. (orig. ed.), § 36-405; Acts 1986, ch. 582, §§ 1, 2; 1989, ch. 224, § 1; 1996, ch. 1031, § 2.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-104 - Conditions precedent to issuance of license

(a)
A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.
(b)
(1)
If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit:
(A)
A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;
(B)
A certified copy of the applicant's deployment orders; and
(C)
An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
(2)
A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to §
36-3-302(b)
must indicate such intention in the statement.
Amended by 2024 Tenn. Acts, ch. 608,s 1, eff. 3/27/2024.
Amended by 2019 Tenn. Acts, ch. 93, s 3, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 397, s 1, eff. 5/18/2017.
Acts 1937, ch. 81, § 2; C. Supp. 1950, § 8414.2; modified; Acts 1959, ch. 124, § 1; 1965, ch. 59, §§ 1, 2; 1971, ch. 60, §§ 1, 2; 1976, ch. 755, § 1; T.C.A. (orig. ed.), § 36-406; Acts 1993, ch. 418, § 2; 1994, ch. 639, § 1; 1995, ch. 241, §§ 1, 2; 1997 , ch. 551, § 30.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-105 - Minimum age of applicant for license

(a)
It is unlawful for any county clerk or deputy clerk in this state to issue a marriage license to any person where:
(1)
Either of the contracting parties is under seventeen (17) years of age; or
(2)
One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party.
(b)
Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf.
Amended by 2018 Tenn. Acts, ch. 1049,s 3, eff. 5/21/2018.
Acts 1937, ch. 81, § 1; C. Supp. 1950, § 8414.1; T.C.A. (orig. ed.), § 36-407.
2023 Tennessee Code › Title 36 - DOMESTIC RELATIONS (§§ 36-1-101 — 36-8-104) › Chapter 3 - MARRIAGE (§§ 36-3-101 — 36-3-701) › Part 1 - LICENSE (§§ 36-3-101 — 36-3-113) › Section 36-3-107 - Reserved

Repealed by 2018 Tenn. Acts, ch. 1049, s 5, eff. 5/21/2018.
Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 159, § 1; T.C.A. (orig. ed.), § 36-409; Acts 1984, ch. 939, § 1; 1990, ch. 894, § 1; 1992, ch. 941, §§ 1-6; 2003 , ch. 90, § 2.