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Committee adopts amendment but delays vote on bill to permit voluntary extrajudicial surrender; judiciary seeks more review
Summary
House Bill 1263, which would authorize a voluntary extrajudicial surrender process for adoption, received an amendment and testimony from the Administrative Office of the Courts and stakeholders; the judiciary urged more work over the summer to protect constitutional parental rights before the bill returns to a 2026 calendar.
Chairman Slater presented House Bill 1263 and an amendment (code 4,654) to the Children and Family Affairs Subcommittee on March 25. The committee adopted the amendment by voice vote and then heard testimony from the Administrative Office of the Courts, juvenile court judges and adoption stakeholders.
Michelle Consiglio Young, director and counsel of the Intergovernmental Affairs Division at the Administrative Office of the Courts, told the committee that the judiciary has concerns with the amendment as drafted and called the issue one of constitutional importance. “This issue is of utmost importance to the judiciary. It is dealing with fundamental constitutional right of a parent,” Consiglio Young said, and asked for additional conversations with the sponsor, judges and other stakeholders to refine the proposal.
Tasha Alexander, representing the Tennessee Council of Juvenile and Family Court Judges, similarly asked for further discussions. Representatives of the Adoption Project — including Jeremy Harrell — and an adoptive parent, Lauren Webb, said they supported a carefully constructed statutory pathway to permit voluntary extrajudicial surrender but welcomed further stakeholder negotiation.
Harrell: “It's something that's very important to me and I think it's important for both adoptive families and the children but also the birth parents.” Lauren Webb said she personally used a similar surrender process in another state and urged protections for both birth parents and adoptive families.
Committee leadership and witnesses agreed to continue stakeholder meetings over the summer to address constitutional and procedural concerns. Without objection, the subcommittee placed House Bill 1263 as amended on the first calendar of the 2026 session to allow additional drafting and review.
Next steps: sponsors and judiciary representatives will continue negotiations over the summer, with the bill slated for the 2026 calendar for further action.
