Senate Bill 1238 and House Bill 1263 propose amendments to the Tennessee Code regarding the voluntary surrender of parental rights. The bill introduces a new section, 36-1-150, which outlines the procedures for an alternative voluntary surrender of parental rights. This includes definitions for terms such as "capacity," "notice," and "out-of-court surrender." The bill stipulates that a birth parent can execute a surrender of parental rights without appearing before a judge, provided certain conditions are met, including that the child is six months old or younger and not in the custody of the department. Additionally, it allows for the use of virtual platforms for the execution of surrender documents and establishes a process for filing notices and petitions with the court.

The bill also details the requirements for the execution of notices and out-of-court surrenders, including the necessity for legal representation and the completion of specific forms. It mandates that the surrendering party be informed of their rights regarding revocation of the surrender and outlines the procedures for revocation. The administrative office of the courts is tasked with developing and making available the necessary forms for these processes. The act will take effect upon becoming law for the purpose of form development, while the other provisions will be effective starting January 1, 2027.

Statutes affected:
Introduced: 36-1-141(b), 36-1-141
Amended with HA1062 -- 04/15/2026: 36-1-141(b), 36-1-141