Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1267 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	...
2		-	• ·ui, ~-n•• 1:b:JJ:
3		-	: , ( '"" .
4		-	~
5		-	~
6		-	~tate of \!Cennessee
7		-	PUBLIC CHAPTER NO. 79
8		-	HOUSE BILL NO. 102
9		-	By Representatives Lamberth, Cochran, Slater, Harris, Hardaway, Todd, Barrett
10		-	Substituted for: Senate Bill No. 1267
11		-	By Senators Johnson, Haile
12		-	AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 1, Part 1, relative to
13		-	adoption records.
	1	+
	2	+	HOUSE BILL 102
	3	+	By Lamberth
	4	+
	5	+	SENATE BILL 1267
	6	+	By Johnson
	7	+
	8	+
	9	+	SB1267
	10	+	001202
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 36,
	14	+	Chapter 1, Part 1, relative to adoption records.
	15	+
14	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
15	17		SECTION 1. Tennessee Code Annotated, Section 36-1-126, is amended by deleting
16	18		subdivision (d)(1) and substituting:
17		-	(1) The department may open the adoption records, the sealed adoption ~~records,~~
18		-	sealed records, post-adoption records, adoption assistance records, or limited ~~records in~~
19		-	subsection (b) in order to perform any duties required under this part or under
	19	+	(1) The department may open the adoption records, the sealed adoption
	20	+	records, sealed records, post-adoption records, adoption assistance records, or limited
	21	+	records in subsection (b) in order to perform any duties required under this part or under
20	22		circumstances as described in § 36-1-127(c)(1)(A). Any specific provision for access to
21	23		such records contained in this section or § 36-1-127 shall not be construed as a
22	24		limitation on the department's ability to access such records pursuant to this subdivision
23	25		(d)(1).
24	26		SECTION 2. Tennessee Code Annotated, Section 36-1-127, is amended by deleting
25	27		subdivision (c)(1)(A)(i) and substituting:
26	28		(i) An adopted person or a person subject to subdivision (c)(1)(A) on whom an
27	29		adoption record, sealed record, sealed adoption record, post-adoption record, or other
28	30		record or paper is maintained and who is:
29	31		(a) Eighteen (18) years of age or older; or
30	32		(b) Emancipated;
31	33		SECTION 3. Tennessee Code Annotated, Section 36-1-127(c)(1)(A), is amended by
32	34		adding the following new subdivisions:
	35	+
	36	+
	37	+	- 2 - 001202
	38	+
33	39		(iii) An adoptive parent of a person described in subdivision (c)(1)(A) who is
34	40		under eighteen (18) years of age;
35	41		(iv) A representative of the department when the department receives a report
36	42		that a child, including the adoptive child, an adoptive child's sibling, or a person subject
37	43		to subdivision (c)(1)(A), is the alleged victim of abuse or neglect. This release of
38	44		information is limited to the information necessary to:
39	45		(a) Assist in the determination of abuse or neglect;
40	46		(b) Assist in the provision of services to address the impact of abuse or
41	47		neglect; or
42	48		(c) Mitigate the risk of abuse or neglect;
43	49		(v) A representative of the department when a legal case involving an adoptive
44	50		child is filed against the department; and
45	51		(vi) A district attorney general when the district attorney general requests
46		-	information necessary to investigate or prosecute child abuse or neglect; ~~HB102~~
47		-	SECTION 4. Tennessee Code Annotated, Section 36-1-127(c)(1)(8), is amended by
	52	+	information necessary to investigate or prosecute child abuse or neglect;
	53	+	SECTION 4. Tennessee Code Annotated, Section 36-1-127(c)(1)(B), is amended by
48	54		deleting "twenty-one (21)" and substituting "eighteen (18)" and by deleting "§ 36-1-138" and
49	55		substituting "§ 36-1-138, unless the consenting party is deceased. If the consenting party is
50	56		deceased, then identifying information from the sealed records, sealed adoption records, or
51	57		post-adoption records may be released to the adopted person or to parents, siblings, lineal
52	58		descendants, or lineal ancestors of the adopted person or of a person for whom records are
53	59		maintained as described in subdivision (c)(1)(A)".
54	60		SECTION 5. Tennessee Code Annotated, Section 36-1-127(c)(1)(C), is amended by
55	61		deleting "is deceased or".
56	62		SECTION 6. Tennessee Code Annotated, Section 36-1-127(e)(1)(A), is amended by
57	63		deleting "twenty-one (21) years of age" and substituting "eighteen (18) years of age".
	64	+
	65	+
	66	+	- 3 - 001202
	67	+
58	68		SECTION 7. Tennessee Code Annotated, Section 36-1-127, is amended by deleting
59	69		subdivision (e)(2) and substituting:
60	70		(2) Notwithstanding another law to the contrary, identifying information from the
61	71		sealed records, sealed adoption records, or post-adoption records shall not be released
62	72		without the written consent of the biological parent if the records indicate that, with
63	73		respect to the adopted person, the biological parent was the victim of rape or incest,
64	74		unless the biological parent is deceased. If a biological parent for whom records contain
65	75		such information is deceased, then identifying information from the sealed records,
66	76		sealed adoption records, or post-adoption records may be released to the adopted
67	77		person. If a conservator of the person and property of a biological parent has been
68	78		appointed under title 34, then the lineal descendants of the person may petition the court
69	79		pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given
70	80		access to identifying information of the biological parent.
71	81		SECTION 8. Tennessee Code Annotated, Section 36-1-138, is amended by deleting
72	82		subdivision (c)(7) and substituting:
73	83		(7) The movant is a lineal descendant of a person for whom records are
74	84		maintained as described in § 36-1-127(c)(1)(A) or is the lineal descendant of such a
75	85		person who is disabled as defined for purposes of appointment of a conservator under
76	86		title 34.
77	87		SECTION 9. Tennessee Code Annotated, Section 36-1-134(a)(1), is amended by
78	88		deleting "twenty-one (21)" and substituting "eighteen (18)".
79	89		SECTION 10. Tennessee Code Annotated, Section 36-1-136, is amended by deleting
80	90		the section and substituting:
81	91		(a)
	92	+
	93	+
	94	+	- 4 - 001202
	95	+
82	96		(1) A notification required to be made as part of a search or a contact or
83	97		an identifying request pursuant to this part for an adopted person or a person for
84	98		whom records are maintained as described in § 36-1-127(c)(1)(A), shall be made
85	99		with such persons who are eighteen (18) years of age or older or who are
86	100		emancipated, except as otherwise provided by § 36-1-135, or with the legal
87	101		representative of such persons.
88	102		(2) A notification for search or contact requests involving the biological or
89	103		legal relative, who is under eighteen (18) years of age, of the adopted person or
90	104		person for whom records are maintained as described in § 36-1-127(c)(1)(A),
91	105		shall be with the parents or legal representative of the biological or legal relative.
92	106		(3) A notification involving other persons who are subject to contact for
93	107		search requests or contact requests under this part shall be made with those
94	108		persons who are eighteen (18) years of age or older or with the known legal
95	109		representative of any such persons.
96		-	2 HB102
97	110		(b) A decision to permit contact or to permit the disclosure of information
98	111		authorized by this part to be disclosed under subsection (a) shall be made, as the case
99	112		may be:
100	113		(1) By the adopted person or a person for whom records are maintained
101		-	as ~~descri_bed~~ in § 36-1-127(c)(1)(A) and in subdivision (a)(1), who is eighteen
	114	+	as described in § 36-1-127(c)(1)(A) and in subdivision (a)(1), who is eighteen
102	115		(18) years of age or older or is emancipated, or such person's legal
103	116		representative, except as otherwise provided by § 36-1-135;
104	117		(2) By the parents or the legal representative of the biological or legal
105	118		relative in subdivision (a)(2), who is under eighteen (18) years of age, of the
106	119		adopted person or person for whom records are maintained under § 36-1-
107	120		127(c)(1)(A); or
	121	+
	122	+
	123	+	- 5 - 001202
	124	+
108	125		(3) By those other persons in subdivision (a)(3) who are eighteen (18)
109	126		years of age or older or by the known legal representative of any such persons.
110	127		SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.
111		-	3 HOUSE BILL NO. 102
112		-	PASSED: March 10, 2025
113		-	~
114		-	CAMEROl'l"'SEXTON,SPEAKER
115		-	HOUSE OF REPRESENTATIVES
116		-	~-~~1~\..1
117		-	' RANDY MC~
118		-	~ -~
119		-	SPEAKER OF THE SENATE
120		-	APPROVED this aitft-day of OOav:c..Ph 2025
121		-	BILL LEE, GOVERNOR