Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
~~\,~ : ~[{ AGRIC~URE \\~):
1:~:
\~}{~
·•.._ '1.~:.~: ... ✓-..t;..·•···~
~tate of \!Cennessee
PUBLIC CHAPTER NO. 936
HOUSE BILL NO. 1263
By Representatives Slater, Littleton, Hardaway, Bricken
Substituted for: Senate Bill No. 1238
By Senators Stevens, Haile, Gardenhire, Bowling, Massey, Rose
AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 68, relative to
children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 36, Chapter 1, Part 1, is amended by
adding the following new section:
36-1-150. Alternative voluntary surrender of parental rights.
(a) As used in this section:
(1) "Capacity" means the same as defined in § 31-4-106;
(2) "Notice" means a written notice of intent to execute an out of court
surrender; and
(3) "Out-of-court surrender" means a surrender of parental rights that is
voluntarily executed in writing and out of the presence of a judge.
(b)
(1) A surrender of parental rights executed within the geographic
boundaries of this state must be executed in accordance with this section or §
36-1-111.
(2)
(A) If a birth parent wishes to surrender the birth parent's child for
adoption by a prospective adoptive parent residing in another state, then
the birth parent may execute the appropriate surrender, consent, or
relinquishment documents required under that state's law in lieu of a
surrender executed in accordance with § 36-1-111 or an out-of-court
surrender pursuant to this section. The documents required by the other
state's law must be executed in the presence of a judge authorized to
accept a surrender in this state, except that if the birth parent is
incarcerated, then the documents may be executed in the presence of the
warden or deputy warden of the penitentiary or a notary public.
(8) The presence of a judge authorized to accept a surrender in
this state may be satisfied through a virtual video platform on which the
judge is able to see and hear the birth parent execute the documents in
real time pursuant to § 36-1-111. The administrative office of the courts
shall create a form for a judge to acknowledge the judge's presence,
either in person or through a virtual video platform, for the execution of
the documents.
(3) This section provides the exclusive procedure for the voluntary
surrender of parental rights in this state for a surrendering parent who does not
wish to appear personally before a judge.
(4) This section only applies in cases where:
HB1263
(A) The child being surrendered is six (6) months of age or less;
(8) The child being surrendered is not in the custody of the
department; and
(C) The surrendering party is over eighteen (18) years of age at
the time of surrender and represented by an attorney.
(5) This section does not apply if the surrendering parent has an
intellectual or developmental disability, as defined in § 52-1-101, or lacks the
mental capacity to execute a legal document.
(6) This section does not affect a father's waiver of parental rights under §
36-1-111.
(c)
(1) In lieu of an in-court surrender pursuant to § 36-1-111, a birth parent
may execute a notice in accordance with this section. A petition for approval of a
notice that complies with this subsection (c) may be filed by the attorney
representing the birth parent or the attorney representing the accepting party.
(2) The notice must be signed by:
(A) The birth parent;
(8) The attorney representing the birth parent;
(C) The accepting party, which may be the prospective adoptive
parent or a licensed child-placing agency; and
(D) An attorney representing the accepting party.
(3) The parties shall not execute a notice earlier than thirty (30) days
before the birth of the child to be surrendered.
(4) The notice is not binding upon any party.
(5) The notice expires unless an out-of-court surrender is executed within
the latter of:
(A) Thirty (30) days following the birth of the child to be
surrendered; or
(8) Thirty (30) days following the approval of the notice by the
court.
(6) If the party who executes the notice decides not to execute an out-of-
court surrender or revokes an out-of-court surrender in accordance with this
section, then the court must seal all records in the proceeding in accordance with
§ 36-1-126. The records in the proceeding must not be used as evidence in a
custody or guardianship hearing.
(d)
(1) Upon execution of the notice by all required parties, the notice, a
petition for approval of the notice, and a home study report must be filed with the
clerk of the chancery or circuit court having jurisdiction under this chapter.
(2) The clerk shall assign a docket number, and the matter must be set
before a judge of competent jurisdiction and heard within fourteen (14) days of
the filing of the notice and petition.
2
HB1263
(3) An attorney for either the birth parent or the prospective adoptive
parent may request an emergency docket setting for the purpose of filing and
judicial review of the notice.
(4) All court reports submitted under this subsection (d) are confidential
and are not open to inspection by any person except by order of the court
entered on the minute book. The court shall, however, disclose to the prospective
adoptive parent any adverse court reports or information contained therein, but
shall protect the identity of any person reporting child abuse or neglect in
accordance with the law.
(5)
(A) A surrendering party shall complete a social and medical
history form as promulgated by the department, or a substantially similar
form, and attach the completed and executed form to the surrendering
party's pre-surrender information form in accordance with§ 36-1-111 (b).
(B) The surrendering party's pre-surrender information form must
be filed with the notice.
(6)
(A) The party accepting guardianship of the child being
surrendered, if other than a licensed child-placing agency, shall complete
the accepting party's pre-acceptance information form in accordance with
§ 36-1-111 (b).
(B) The accepting party's pre-acceptance information form must
be filed with the notice.
(e)
(1) At the hearing on the notice, the court shall review the executed
notice, the court report based upon the home study, the surrendering party's pre-
surrender information form, and the accepting party's pre-acceptance information
form, as applicable, and determine whether the documents comply with this
section.
(2) If the court determines that the requirements of subdivision (e)(1) have
been satisfied, then the court may:
(A) Enter an order approving the notice; and
(B) Enter a provisional order of guardianship naming the accepting
party as guardian of the child effective upon filing of the notice of
surrender.
(3) An order approving the notice and a provisional order of guardianship
expires if an out-of-court surrender is not executed within the latter of:
(A) Thirty (30) days following the birth of the child to be
surrendered; or
(B) Thirty (30) days following the approval of the notice and
provisional order of guardianship by the court.
(f)
(1) Following judicial approval of the notice, the birth parent may execute
an out-of-court surrender form.
(2) In accordance with § 36-1-111 (d)(3), an out-of-court surrender is not
valid unless executed after the latter of:
3
HB1263
(A) Discharge of the birth parent from a hospital or other birthing
facility after the birth of the child; or
(8) Seventy-two (72) hours following the child's birth.
(3) The surrendering party's attorney shall:
(A) Advise the person surrendering the child of the right of
revocation of the surrender, the time period for revocation, and the
procedure for revocation in accordance with this section; and
(8) Provide the surrendering party with the revocation of out-of-
court surrender form developed by the administrative office of the courts,
which must include the date and time by which the revocation must be
filed, and the address for the court in which the revocation must be filed.
(4) The execution of an out-of-court surrender must be witnessed and
certified by:
(A) The attorney representing the surrendering party;
(8) An independent and disinterested adult witness of the
surrendering party's choice who is not an ineligible witness under
subdivision (f)(7); and
(C) A notary public who is not ineligible to serve as a notary public
under subdivision (f)(7).
(5) The attorney, witness, and notary public must be three (3) different
people.
(6) The surrendering party's attorney must not be the same attorney who
is representing the prospective adoptive parents or the licensed child-placing
agency.
(7) The following persons are not eligible to serve as the adult witness or
the notary public:
(A) The prospective adoptive parent of the child being
surrendered;
(B) An employee or representative of a licensed child-placing
agency that has received compensation or anything of value related to
the placement or adoption of the child being surrendered;
(C) A relative of the surrendering party within the third degree of
consanguinity;
(D) A relative of the prospective adoptive parent within the third
degree of consanguinity;
(E) The other legal parent of the child, or the surrendering party's
spouse, at the time the out-of-court surrender is executed;
(F) The attorney representing the surrendering party or the other
prospective adoptive family; or
(G) A paramour of the surrendering party.
(8) The attorney for the birth parent shall certify compliance with this
subsection (f). Within three (3) days of the execution of the out-of-court
surrender, the certification of compliance and executed out-of-court surrender
must be filed with the court under the assigned docket number of the petition.
The certification and executed out-of-court surrender may be filed by the attorney
4
HB1263
representing the surrendering party or the attorney representing the accepting
party.
(9) The court shall issue an order of guardianship granting legal and
physical custody to the accepting party, subject to further proceedings for
finalization of the adoption under this chapter, immediately upon the filing of an
out-of-court surrender executed by the birth parent pursuant to this subsection
(f).
(10) At the time of execution of the out-of-court surrender:
(A) The birth parent must be provided with:
(i) A copy of the executed out-of-court surrender; and
(ii) A revocation of out-of-court surrender form which
specifies the date and time by which the revocation must be
executed; and
(8) The person, or the local representative of the licensed child-
placing agency, to whom the child is surrendered must receive a copy of
the executed out-of-court surrender.
(11) Within seven (7) days of the execution and filing of the out-of-court
surrender, the attorney representing the party to whom the child is surrendered
shall file a motion for full guardianship in the court where the original notice was
approved.
(g)
(1) An out-of-court surrender must expressly state that it is revocable in
accordance with the revocation procedures set forth in § 36-1-112, and must
specify the date and time by which the revocation must be executed and the
location where the revocation must be filed.
(2) For out-of-court surrenders:
(A) The revocation period begins upon execution of the out-of-
court surrender; and
(B) The court may not reduce the three-day revocation period as
otherwise allowed under§ 36-1-112(9).
(3) An out-of-court surrender may be revoked by executing a revocation
of out-of-court surrender form. An executed and notarized revocation of out-of-
court surrender form must be hand-filed with the court in which the out-of-court
surrender was filed, which must be identified in the out-of-court surrender
document. The revocation of out-of-court surrender form must be hand-filed
within the three-day timeframe pursuant to§ 36-1-112(a)(1)(A).
(4) A revocation of out-of-court surrender may be filed:
(A) In person by the birth parent; or
(8) By the attorney for the birth parent.
(5) If the surrendering party under this section has misplaced or otherwise
does not have a revocation of out-of-court surrender form, then the person may
apply to a court that is qualified to receive a surrender in this state to execute a
revocation before a judge of that court as provided in this chapter. The clerk of
court shall accept this revocation and transfer it to the surrendering court.
(h)
5
HB1263
(1) An out-of-court surrender executed in compliance with this section has
the same force and effect as a surrender executed before the court under § 36-1-
111.
(2) All revocation, rescission, and finality provisions of this chapter,
including § 36-1-112, apply equally to out-of-court surrenders executed under
this section.
(3) This section applies to any out-of-court surrender of parental rights
executed in this state on or after January 1, 2027.
(i) Notwithstanding subdivision (c)(5):
(1) If a parent executes, and the court approves, a notice and the
individual who executed the notice leaves the infant with the accepting party
under subdivision (c)(2) or leaves the child with a facility identified under§ 68-11-
255 without exercising the out-of-court surrender within the thirty-day period and
does not seek the return of the child to the parent's custody, then:
(A) Within seven (7) days of the expiration of the notice, the
attorney representing the accepting party must file a motion for full
guardianship of the child in the court where the original notice was
approved; and
(8) The court must presume it was the will and intention of the
parent who executed the notice that the child be placed with the
accepting party for the purpose of adoption unless the court determines
that such placement is not in the best interest of the child or the accepting
party identified in the notice declines the placement;
(2) If a parent executes, and the court approves, a notice and the
individual who executed the notice is unable to execute the out-of-court
surrender due to the parent's death, then the attorney representing the accepting
party must file a motion for full guardianship in the court where the original notice
was approved within seven (7) days of the expiration of the notice, and the court
must presume it was the will and intention of the parent who executed the notice
that the child be placed with the accepting party for the purpose of adoption; and
(3) If a parent executes, and the court approves, a notice and the
individual who executed the notice is unable to execute the out-of-court
surrender due to the parent's incapacitation, then the court must set a hearing to
determine the best interest of the child and must issue an order stating whether
or not it is in the child's best interest to be placed with the accepting party for the
purpose of adoption.
U) The finalization of an adoption of a child surrendered under this section must
be in accordance with this part.
(k) The administrative office of the courts shall develop and make available to the
public on the administrative office of the courts' website, the following forms:
(1) A notice form, which must include an acknowledgment of rights and
consequences consistent with § 36-1-111;
(2) An out-of-court surrender form; and
(3) A revocation of out-of-court surrender form.
SECTION 2. The heading in this act is for reference purposes only and does not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the heading in any compilation or publication containing this act.
6
HB1263
SECTION 3. For the purpose of the development of forms, this act takes effect upon
becoming a law, the public welfare requiring it. For all other purposes, this act takes effect
January 1, 2027, the public welfare requiring it.
7
HOUSE BILL NO. 1263
PASSED: April 20, 2026
~ ' ~-
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
~ ~ ~ l'A...~~,L.
) \ - RANDY MCN)!
SPEAKER OF THE SEN
APPROVED this : ) ~ day of a ~ 2026
f.b_
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.