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Back to HB 1263
Tennessee General Assembly· HB 1263Transmitted to Governor for his action.

Children - As enacted, provides, in addition to present law, an alternative method for the voluntary surrender of parental rights if executed within the geographic boundaries of the state. - Amends TCA Title 36; Title 37, the official text

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.
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                        ~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:
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                                        (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.

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                              (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:

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                           (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

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                   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)

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                              (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.

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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.

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                    HOUSE BILL NO. 1263

PASSED:  April 20, 2026

                               ~ ' ~-

                               CAMERON SEXTON, SPEAKER
                               HOUSE OF REPRESENTATIVES

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                                  ) \ - RANDY MCN)!

                                      SPEAKER OF THE SEN

APPROVED this : ) ~ day of  a ~          2026

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BILL LEE, GOVERNOR
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