Bill > SB1238

This bill establishes a new legal process in Tennessee for parents to voluntarily surrender their parental rights outside of a courtroom, known as an "out-of-court surrender," for children six months old or younger who are not in state custody and when the surrendering parent is over 18 and represented by an attorney. This process requires a preliminary "notice" to be filed with the court, signed by both the birth parent and their attorney, as well as the prospective adoptive parent or agency and their attorney, and this notice is not binding until an out-of-court surrender is executed within specific timeframes after the child's birth or court approval. The bill outlines strict requirements for the execution of the out-of-court surrender, including specific witnesses and notaries who must be independent of the adoptive parties, and it allows for revocation of the surrender within a defined period. The bill also mandates that the administrative office of the courts create and make available on its website forms for this process, including the notice, the out-of-court surrender, and a revocation form, with the law taking effect for form development upon becoming law and for all other purposes on January 1, 2027.