AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to adoption.
Summary
HB1692 amends Tennessee adoption law to allow a court to waive the otherwise required home study in certain nonrelative adoptions. The waiver is available only when the child has already lived in the prospective adoptive parent’s home for at least 12 months, the prospective adoptive parent obtained custody through a final court order after a full adjudication on the merits, and the waiver petition includes a current Tennessee Bureau of Investigation criminal history background check and a current search of the Tennessee sex offender and violent sex offender registries.
The bill also requires the court to enter a written order with specific findings showing that waiving the home study is in the child’s best interest. Even when the statutory criteria are met, the court is not required to waive the home study; the decision remains within the court’s discretion. The act takes effect upon becoming law.
Impact
The bill amends Tennessee Code Annotated, Title 36, Section 36-1-116, which governs adoption procedures, by creating a limited exception to the home study requirement in nonrelative adoptions. It affects prospective adoptive parents, children who have been living in their home for at least a year, and courts handling adoption petitions, while preserving background-check and registry-screening safeguards and judicial oversight.
Sentiment
The bill appears to have been generally favorable and noncontroversial in the legislative process, advancing through subcommittee, committee, and floor votes with strong majorities. The recorded votes show broad support, though not unanimous, suggesting some legislators had reservations but the measure was largely viewed as a practical adoption-process adjustment.
Contention
The main point of contention is the balance between streamlining adoptions and maintaining child-safety protections. Supporters likely favored reducing unnecessary procedural barriers for families already caring for a child, while any opposition appears to have centered on whether waiving a home study could weaken safeguards. The bill addresses that concern by requiring criminal background checks, sex-offender registry searches, and a written best-interest finding, and by leaving the final decision to the court’s discretion.