TennesseeHB 1263114th General Assembly (2025-2026)House

AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 68, relative to children.

Sponsored By: Sponsor information unavailable

Signed by Governor

Children

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Out-of-court surrender for newborns

Beginning January 1, 2027, Tennessee lets a birth parent give up parental rights without going before a judge by signing in Tennessee. You can use this only if the child is 6 months old or younger, not in department custody, and you are 18 or older with your own lawyer. You cannot use it if you have an intellectual or developmental disability or if you lack legal capacity. A surrender done under these rules has the same legal effect as one done in court.

Plan ahead with court-approved notice

You may file a court-approved notice saying you plan an out-of-court surrender. It must be signed by you, your lawyer, the accepting party, and that party’s lawyer, and cannot be signed more than 30 days before birth. File the notice, petition, and home study with the clerk; the court holds a hearing within 14 days. Reports stay confidential, with limited sharing if a report is adverse. If the court approves, it may give the accepting party provisional guardianship, which ends unless the surrender is signed within 30 days after birth or 30 days after approval. If you leave the baby with the accepting party or a facility and do not sign or ask for the child back during the 30-day window, the accepting party’s lawyer must seek full guardianship within 7 days after the notice expires; the court presumes you meant adoption unless that harms the child’s best interest or the accepting party declines. These rules apply beginning January 1, 2027.

Signing and revoking an out-of-court surrender

Beginning January 1, 2027, you may sign an out-of-court surrender only after you leave the birth facility or 72 hours after birth, whichever is later. Three different people must witness and certify the signing: your lawyer, an independent adult witness, and a notary. Some people tied to the case cannot serve. Your lawyer must certify compliance. The signed papers must be filed with the court within 3 days; the accepting party gets a copy, and their lawyer must seek full guardianship within 7 days. You can revoke within the three-day window in § 36-1-112 by hand-filing a signed, notarized revocation with the court. You or your lawyer can file it, and the court can help if the form is lost.

Out-of-state and video judge options

If the adoptive parent lives in another state, you can sign that state’s surrender or consent papers in Tennessee. A Tennessee judge can be present in person or by live video to see and hear you sign. If you are incarcerated, a warden, deputy warden, or a notary may witness instead. These options apply beginning January 1, 2027.

Standard surrender forms posted online

The court system develops and posts three standard forms online: a notice of intent with required rights, an out-of-court surrender form, and a revocation form. These forms are available to parents, lawyers, agencies, and courts.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Rush Bricken

    Republican • House

  • T.J. Hardaway

    Democrat • House

  • Mary Littleton

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 164 • No: 5

Senate vote • 4/20/2026

FLOOR VOTE: Third Consideration 4/20/2026

Yes: 27 • No: 4

House vote • 4/15/2026

FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/15/2026

Yes: 96 • No: 0

House vote • 4/13/2026

HOUSE CALENDAR & RULES COMMITTEE

Yes: 0 • No: 0

House vote • 4/7/2026

HOUSE JUDICIARY COMMITTEE

Yes: 17 • No: 1

House vote • 4/2/2026

HOUSE CALENDAR & RULES COMMITTEE

Yes: 0 • No: 0

House vote • 3/25/2026

HOUSE JUDICIARY COMMITTEE

Yes: 18 • No: 0

House vote • 3/17/2026

HOUSE CHILDREN AND FAMILY AFFAIRS SUBCOMMITTEE

Yes: 6 • No: 0

Actions Timeline

  1. Effective date(s) 05/07/2026, 01/01/2027

    5/15/2026
  2. Pub. Ch. 936

    5/15/2026
  3. Signed by Governor.

    5/7/2026
  4. Transmitted to Governor for his action.

    5/6/2026House
  5. Signed by Senate Speaker

    5/5/2026Senate
  6. Signed by H. Speaker

    4/30/2026House
  7. Enrolled; ready for sig. of H. Speaker.

    4/23/2026House
  8. Passed Senate, Ayes 27, Nays 4, PNV 2

    4/20/2026Senate
  9. Senate substituted House Bill for companion Senate Bill.

    4/20/2026Senate
  10. Received from House, Passed on First Consideration

    4/15/2026Senate
  11. Engrossed; ready for transmission to Sen.

    4/15/2026House
  12. Passed H., as am., Ayes 96, Nays 0, PNV 0

    4/15/2026House
  13. H. adopted am. (Amendment 2 - HA1062)

    4/15/2026House
  14. Am. withdrawn. (Amendment 1 - HA0868)

    4/15/2026House
  15. Sponsor(s) Added.

    4/15/2026House
  16. H. Placed on Regular Calendar for 4/13/2026

    4/9/2026House
  17. Placed on cal. Calendar & Rules Committee for 4/9/2026

    4/8/2026House
  18. Rec. for pass. if am., ref. to Calendar & Rules Committee

    4/7/2026House
  19. Placed on cal. Judiciary Committee for 4/7/2026

    4/2/2026House
  20. Re-ref. Judiciary Committee

    4/2/2026House
  21. Sponsor(s) Added.

    4/2/2026House
  22. H. Placed on Regular Calendar for 4/2/2026

    3/26/2026House
  23. Placed on cal. Calendar & Rules Committee for 3/26/2026

    3/25/2026House
  24. Rec. for pass. if am., ref. to Calendar & Rules Committee

    3/25/2026House
  25. Placed on cal. Judiciary Committee for 3/23/2026

    3/18/2026House

Bill Text

  • HA1062 (Substitute)

    4/15/2026

  • Enrolled / Public Chapter

  • Fiscal Note

  • HA0868

  • Introduced

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