The Adoption Project Applauds Key Policy Change That Helps Solidify Tennessee as One of the Most Adoption-Friendly States in the Country

Governor Bill Lee recently signed legislation into law (HB 1263/SB 1238) implementing an important change that helps us advance our mission of making Tennessee one of the most adoption-friendly states in the country. 

That change allows for the voluntary surrender of a child for adoption outside of a courtroom, bringing Tennessee in line with the majority of states in the country, including most of our neighbors.

Tennessee has long been a state that prioritizes strong families. HB 1263/SB 1238 creates an important additional pathway for parents who make the incredibly difficult and courageous decision to voluntarily surrender their child for adoption.  

Current law generally requires voluntary surrenders for adoption to occur before a judge. However, Tennessee already allows extra-judicial surrenders or consents when the prospective adoptive parents live in another state, when the surrender occurs in a foreign country, or when a parent is incarcerated. 

This additional option applies only to children under six months old, birth parents over 18, and when the child is not in state custody. It benefits birth parents, adoptive families, and most importantly, children, by protecting the well-being of birth mothers, providing a safe, ethical, and dignified option for birth parents, eliminating costly and unnecessary court delays that can disrupt early bonding, which is critical for a child’s emotional development. 

It also includes strong safeguards for both birth parents and children. The birth parent, the birth parent’s attorney, a witness chosen by the birth parent, and a notary must all sign—and they must be four different individuals. All parties must reside in Tennessee. Judicial oversight remains because a judge must approve the plan before it is executed, birth parents retain the three-day revocation period, and the child and adoptive parents must appear before a judge in a guardianship hearing.

“By adopting the most secure outside-of-court surrender process in the country, Tennessee continues to be a leader in common sense, compassionate family-first policies,” said Jeremy Harrell, President and CEO of the Adoption Project. “This bill simply gives Tennessee families the same option that we allow adoptive families who live outside of our state. We are grateful for the leadership of our primary bill sponsors – Rep. William Slater and Sen. John Stevens – who played a critical role in advancing this important legislation.”

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