AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to adoption.
Summary
SB1751 amends Tennessee adoption law to allow a court to waive the otherwise required home study in certain adoption cases involving a child who is not related to the prospective adoptive parent or parents. The waiver is available only when the child has lived in the prospective adoptive home for at least 12 months, the prospective adoptive parent or parents 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 sexual offender and violent sexual offender registry.
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 those conditions are met, the bill does not require a waiver; it leaves the decision to the court’s discretion. The act takes effect upon becoming law.
Impact
The bill amends Tennessee Code Annotated, Title 36, Section 36-1-116, affecting adoption procedures and the evidentiary requirements for certain non-relative adoptions. Its practical effect is to create a narrower path for courts to dispense with a home study in cases where a child has already been living with prospective adoptive parents for an extended period and custody was previously awarded by court order, while preserving judicial oversight and safety screening requirements.
Sentiment
The available voting history suggests generally favorable sentiment toward the bill, as the Senate Judiciary Committee recommended passage with amendments by a 6-2 vote. The bill’s structure also reflects a compromise approach: it eases a procedural requirement in limited circumstances while retaining background checks, registry searches, and judicial discretion. No committee transcript is available, so the record does not show detailed debate beyond the committee vote.
Contention
The main point of contention is likely the balance between streamlining adoptions and preserving child-safety safeguards. Supporters would view the bill as reducing unnecessary delay and expense for families already caring for a child under a prior custody order, while opponents may be concerned that waiving a home study could reduce scrutiny in non-relative adoptions. The bill addresses that concern by requiring criminal background checks, sex-offender registry searches, and a written best-interest finding, but it still leaves the ultimate waiver decision to the court.