Bill > HB1263

This bill establishes a new procedure for the voluntary surrender of parental rights in Tennessee, allowing birth parents to execute an "out-of-court surrender" without appearing before a judge, provided certain conditions are met, such as the child being six months old or younger, not in state custody, and the surrendering parent being over 18 and represented by an attorney. This process involves a "notice" of intent to surrender, which must be signed by the birth parent, their attorney, the prospective adoptive parent or agency, and their attorney, and filed with the court for approval before an out-of-court surrender can be executed. The bill outlines specific requirements for the execution and witnessing of the out-of-court surrender to ensure it is voluntary and properly documented, including the roles of attorneys, independent witnesses, and notaries, and specifies a revocation period for the surrender. It also addresses situations where a parent dies or becomes incapacitated after approving the notice but before executing the out-of-court surrender, and mandates that the administrative office of the courts develop and make available necessary forms for this process online.