Amends TCA Title 36 and Title 68.
RECORDS OF ADOPTION PROVIDED TO DIVISION OF VITAL RECORDS<br /> <br /> Present law requires the court clerk to report all final orders of adoption to the division of vital records of the department of health ("department") by sending a certified copy of the order or a certified certificate of adoption.<br /> <br /> This bill adds the petitioner or petitioners' attorney as parties required to report all orders of adoption, re-adoption, or recognition to the division of vital records of the department for children born in this state by sending a certified copy of the order or a certified certificate of adoption or Report of Foreign Birth for children born in a foreign country. This bill does not prohibit court clerks from certifying or issuing any birth certificate applications as may be required by the state of the child's birth.<br /> <br /> INFORMATION INCLUDED IN REPORT OF FOREIGN BIRTH<br /> <br /> Present law requires the court clerk to supply the registrar of the division of vital records with the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country: (i) the full adoptive name of the child; (ii) the adopted child's date of birth; (iii) the adopted child's sex; (iv) the city, province and country of the adopted child's birth; (v) the full name of the adoptive father; (vi) the full maiden name of the adoptive mother; and (vii) the legal residence of the adoptive parents. This bill adds the petitioner or petitioners' attorney as parties required to supply the registrar with such information.<br /> <br /> This bill requires the court clerk to immediately furnish to the office of vital records or to the adoptive parent's or parents' attorney, upon entry of the order of adoption or recognition of foreign adoption by the court, the necessary documents listed in (i)-(vii) above for the issuance of a new birth certificate by adoption or report of foreign birth. <br /> <br /> NEW CERTIFICATE OF BIRTH PREREQUISITES<br /> <br /> Present law requires the state registrar to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (1) For adoption, a certified copy of adoption or certified copy of final decree of adoption and request for new certificate of birth by adoption. However, this bill removes this provision and requires a certified copy of the order of adoption with the certificate of adoption, or a certified certificate of adoption; and<br /> <br /> (2) For a report of foreign birth, the state registrar must prepare a report of foreign birth for a child not born in any state, territory or possession of the United States whose adoptive parents are residents of Tennessee when required adoption papers have been received from a court of competent jurisdiction in Tennessee. However, this bill removes this provision and requires a certified copy of the order of adoption or recognition with the application for report of foreign birth.<br /> <br /> NEW CERTIFICATION OF BIRTH--PREPARATION AND FILING<br /> <br /> Under present law, all orders of adoption, legitimation, and paternity must be final, and all required legal papers must be placed on final in the office of vital records. This bill removes the requirement that all orders of adoption, legitimation, and paternity be final.<br /> <br /> Present law requires that, when an order of paternity has been granted on an unborn infant, the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court. This bill removes the requirement that the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and instead requires that the original certificate of birth be prepared and filed in accordance with the order of paternity; the court must then prepare the new certificate by paternity upon receiving the certified copy of the order of paternity.<br /> <br /> NEW CERTIFICATE OF BIRTH--COURT REPORT OF ADOPTION<br /> <br /> Under present law, for each final decree of adoption by a court of competent jurisdiction in Tennessee, the court must require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. This bill revises this provision by, instead of applying the provision to final decrees of adoption, applying the provision to orders of adoption. This bill also adds that, for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, a form prescribed and furnished by that state is acceptable for filing with the state registrar of this state.<br /> <br /> Present law requires that for each amendment or annulment of an order of adoption, the clerk of the court must prepare a report thereon, which must include such facts as are necessary to identify the original report of adoption and those facts amended in the adoption decree, and forward a certified copy of the report to the state registrar. This bill removes the requirement in this provision for an annulment of an order of adoption.<br /> <br /> Under present law, the child-placing agency or, in family adoptions, the attorney or petitioners, must complete, on a form furnished by the state registrar, the request for a new certificate of birth by adoption and must file this form with the clerk of the court to be forwarded to the state registrar with the certified report of adoption when the final order has been granted. This bill removes the language allowing the child-placing agency or attorney to complete the form requesting a new certificate of birth and instead requires the petitioners to complete the form. This bill also removes the requirement that the form requesting a new birth certificate be accompanied by certified report of adoption.<br /> <br /> Present law requires that, no later than the tenth day of each calendar month or as directed by the state registrar, the clerk of the court forward to the state registrar the certified report of adoption, annulment or amendment to the adoption decree and the request for a new certificate of birth by adoption. This bill adds the attorney for the adoptive parent as a party who bears the legal responsibility for forwarding the report of adoption or amendment to the adoption order and request for a new certificate of birth by adoption. This bill also removes the requirement to forward the required documentation by the tenth day of each calendar month or as directed by the state registrar.<br /> <br /> Under present law, when the state registrar receives a report of adoption, annulment or amendment to the decree of adoption from the clerk of the court for a person born in another state, the report must be forwarded to the state registrar in the state of birth. If the birth occurred in a foreign country, the report of adoption must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency. This bill removes this provision and prohibits the state registrar from processing any reports of adoption or orders of adoption for a person born in another state.<br /> <br /> This bill also requires the state registrar to issue, for a new certificate or birth request, the new certification to the requesting party within 30 days of receipt of the required paperwork and any applicable fee.<br /> <br /> ON APRIL 9, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2632, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the changes described below.<br /> <br /> This amendment revises the provision in the bill requiring all orders of adoption, re-adoption, or recognition to be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state by sending a certified copy of the order or a certified certificate of adoption or Report of Foreign Birth for children born in a foreign country, and by reporting the information required by that division for a new certificate of birth or for a Report of Foreign Birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption or for a Report of Foreign Birth by, instead, requiring all orders of adoption, readoption, or foreign recognition to be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption by reporting the information required by that division for a new certificate of birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption.<br /> <br /> AMENDMENT OF RECORDS<br /> <br /> Present law provides that if a form approved acknowledging the paternity of a child is signed by both parents of the child and is submitted to the office of vital records at any time after the original certificate is filed and prior to the child's nineteenth birthday, the legal surname of the father may be entered on the certificate as that of the child, and the father's name and other personal information may be shown on the certificate of birth in the manner prescribed by regulation so long as paternity is not already shown on the certificate of birth. The state registrar may mark the record as amended, but not on the portion to be disclosed pursuant to existing law. Further, a legitimation by subsequent marriage of the individuals shown on the certificate as the father and mother must not require a new certificate of birth. This amendment deletes the provisions above and, instead, requires a certificate of birth to be amended for a person born in this state, when the office of vital records is provided any of the following to establish parentage so long as parentage is not already shown on the certificate of birth:<br /> <br /> (1) If a form approved acknowledging the paternity of a child is signed by both biological parents of the child and is submitted to the office of vital records at any time after the original certificate is filed and prior to the child's nineteenth birthday, the legal surname of the father may be entered on the certificate as that of the child, and the father's name and other personal information may be shown on the certificate of birth in the manner prescribed by rule. The state registrar may mark the record as amended, but not on the portion to be disclosed pursuant to existing law. Further, a marriage of the individuals shown on the certificate does not require a new certificate of birth;<br /> <br /> (2) For subsequent marriage of biological parents, a certified copy of the marriage certificate or certificate of marriage of parents, and affidavits of the mother and father acknowledging paternity on a form provided by the state registrar to amend the certificate of birth may be submitted to the office of vital records to add the father's name and other personal information and the child's surname changed to the father's surname. The form must furnish information for locating the certificate of birth in the original name and information concerning the parents to be entered on the amended certificate. If the father is deceased, then, in lieu of the father's affidavit, the state registrar must accept a certified copy of a parentage order, judgment, or decree in which the court determined the deceased husband to be the father of the child or children and had acknowledged paternity of the child or children, whether heard on an ex parte or contested proceeding; or<br /> <br /> (3) When parentage has been established through court, a certified copy of the order and a Notification of Order of Parentage form providing information for locating the certificate of birth in the original name must be submitted to the office of vital records to amend the birth certificate by entering the parent's name and other personal information and amend the child's name in accordance with the order. The court order must establish the name of the biological parent and decree the name the child is to bear.<br /> <br /> This amendment prohibits a certificate of birth in the original name where another person is listed as father from being amended unless an order from a court of competent jurisdiction refuting such facts as set forth by regulation is furnished to the state registrar. When an order of parentage has been granted on an unborn infant, the original certificate of birth must be prepared and filed in accordance with the laws and rules of the department, and the certificate of birth must be amended upon receipt of the certified copy of parentage order from the court and the notification of order of parentage.<br /> <br /> NEW CERTIFICATE OF BIRTH PREREQUISITES<br /> <br /> This amendment revises provisions (1) and (2) in the bill summary relevant to new certificate of birth prerequisites by, instead, requiring the state register to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (1) For adoption, a certified copy of the order of adoption and a certificate of adoption; and<br /> <br /> (2) For a report of foreign birth, a certified copy of the order of readoption or foreign recognition with the certificate of adoption.<br /> <br /> Present law requires the state registrar to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (A) For legitimation by court order in cases where the parents have never married, a certified copy of an order of legitimation that establishes the relationship of parent and child between the petitioner and child named in the petition, decrees the name the child is to bear, and a request for new certificate of birth by legitimation on a form provided by the state registrar that furnishes information for locating the certificate of birth in the original name and information concerning parents to be entered on the new certificate;<br /> <br /> (B) For legitimation by subsequent marriage of parents, a certified copy of the marriage certificate or certificate of marriage of parents, and affidavits of the mother and father acknowledging paternity on a form provided by the state registrar. The form must furnish information for locating the certificate of birth in the original name and information concerning the parents to be entered on the new certificate. If the father is deceased, in lieu of the father's affidavit, the state registrar must accept a certified copy of a bill or petition for divorce or sworn answer to a bill or petition for divorce properly filed, in which the husband, by oath, acknowledged himself as father of the child or children named in the bill or petition for divorce or the answer, or a certified copy of an order, judgment or decree in which the court determined the deceased husband to be the father of the child or children and had acknowledged paternity of the child or children, whether heard on an ex parte or contested proceeding;<br /> <br /> (C) For an order of paternity, a certified copy of an order of paternity or a certificate of paternity on a form provided by the state registrar that furnishes information for locating the certificate of birth in the original name, establishes the name of the father, and decrees the name the child is to bear; and<br /> <br /> This amendment deletes (A)-(C) above.<br /> <br /> NEW CERTIFICATION OF BIRTH--PREPARATION AND FILING<br /> <br /> This amendment deletes the provisions in the bill summary relevant to new certification of birth regarding preparation and filing as follows and, instead, provides the following:<br /> <br /> (1) Present law requires new certificates of birth to be prepared on adoptions, legitimations and orders of paternity only. This amendment revises the present law and, instead, requires new certificates of birth to be prepared only on adoptions and orders of parentage;<br /> <br /> (2) Present law requires all orders of adoption, legitimation and paternity to be final, and all required legal papers placed on file in the office of vital records. This amendment revises the present law and, instead, requires all orders of adoption and parentage to be placed on file in the office of vital records;<br /> <br /> (3) Present law requires the certificate of birth in the original name to be removed from the volume and a record inserted that must show the original certificate number, date removed and code citation. This amendment revises the present law and, instead, requires the certificate of birth in the original name to be sealed in the system of record and removed from the file and a record inserted that shows the original certificate number, date removed, and code citation;<br /> <br /> (4) Present law requires the birth to have occurred in Tennessee and a certificate of birth in the original name to be on file in the department. This amendment revises the present law by, instead, requiring vital records to only prepare new certificates of birth for persons born in this state and a certificate of birth in the original name must be on file in the department; and<br /> <br /> (5) Present law requires that, when an order of paternity has been granted on an unborn infant, the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court. This amendment revises the present law and, instead requires that, when an order of parentage has been entered on an unborn infant, the original certificate of birth be prepared and filed in accordance with the order, and a new certificate by parentage must be prepared upon receipt of the certified copy of the order.<br /> <br /> NEW CERTIFICATE OF BIRTH--COURT REPORT OF ADOPTION<br /> <br /> This amendment revises the provision in the bill providing that for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, a form prescribed and furnished by that state is acceptable for filing with the state registrar of this state by, instead providing that for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, the following are acceptable for filing with the state registrar of this state: (i) a court order from a court of competent jurisdiction in another state, unless the order has been vacated, stayed, or modified by a court of competent jurisdiction; and (ii) a form prescribed and furnished by that state, which must conform with the standards and legal requirements of the state registrar.<br /> <br /> This amendment revises the provision in the bill requiring the state registrar to issue, for a new certificate or birth request, the new certification to the requesting party within 30 days of receipt of the required paperwork and any applicable fee by, instead, requiring the state registrar to issue the new certification to the requesting party within 45 days of receipt of the required paperwork and any applicable fee.<br /> <br /> NEW CERTIFICATE OF BIRTH--SEALING OF DOCUMENTS<br /> <br /> Present law requires all legal documents pertaining to the adoption, legitimation or order of paternity, together with the certificate of birth in the original name, to be placed in an envelope and sealed following the preparation of the new certificate. This amendment deletes documents pertaining to legitimation or order or paternity from the present law above.<br /> <br /> Present law requires these sealed documents to be preserved in a fireproof vault in the department and must not be removed from that office, except by order of a court of competent jurisdiction.<br /> <br /> Present law requires the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption, legitimation, or order of paternity or in legitimations by subsequent marriage of the parents or upon receipt of a directive from the department of human services. This amendment revises the present law by requiring, instead, the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption or order of parentage or upon receipt of a directive from the department of human services.<br /> <br /> Present law provides that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the annulment of an order of adoption, legitimation, or order of paternity or the replacement of a certificate of birth in the original name on file, the state registrar must open the sealed documents, replace the certificate of birth in the original name in the volume of births in which originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order. This amendment revises the present law by, instead providing that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the amendment of the order of adoption or order of parentage or the replacement of a certificate of birth in the original name in the system of record, the state registrar must open the sealed documents, replace the certificate of birth in the original name where the certificate was originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order.<br /> <br /> When a new certificate of birth has been filed by the state registrar, present law requires all copies of the record of birth in the original name in the custody of any other party to be forwarded to the state registrar upon receipt of the state registrar's request. This amendment deletes this provision.<br /> <br /> ON APRIL 16, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2632 FOR HOUSE BILL 2645, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2632, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes:<br /> <br /> (1) Revises the provision in the bill that provides upon entry of the order of adoption, readoption, or foreign recognition by the court, the court clerk must immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents for the issuance of a new birth certificate by adoption by also requiring the court clerk to immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents for the issuance of a new report of a foreign order;<br /> <br /> (2) Revises the provision in the bill providing that a marriage of the individuals shown on the certificate does not require a new certificate of birth by, instead, providing that a subsequent marriage of the individuals shown on the certificate does not require a new certificate of birth;<br /> <br /> (3) Revises the provision requiring that when parentage has been established through court, a certified copy of the order and a Notification of Order of Parentage form providing information for locating the certificate of birth in the original name must be submitted to the office of vital records to amend the birth certificate by entering the parent's name and other personal information and amend the child's name in accordance with the order by replacing parent's name with father's name;<br /> <br /> (4) Revises the provision in the bill requiring new certificates of birth to be prepared only on adoptions and orders of parentage by, instead, requiring new certificates of birth to be prepared only on adoptions;<br /> <br /> (5) Revises the provision in the bill requiring all orders of adoption and parentage to be placed on file in the office of vital records by, instead, requiring all orders of adoption to be placed on file in the office of vital records;<br /> <br /> (6) Deletes the present law provisions prohibiting a certificate of birth in the original name that indicates a legitimate birth and another person as father from being removed for the preparation of a new certificate of birth by legitimation, unless an order from a court of competent jurisdiction refuting such facts as set forth by regulation is furnished to the state registrar. A new certificate of birth must not be prepared for the person in the instance where the person's father and mother were married prior to the birth of the person and the original certificate indicates another person as father or an illegitimate birth. The certificate of birth in the original name must be amended in accordance with regulations to show correct facts at the time of the birth. Upon receipt from the juvenile court clerk of an order of, or an order of paternity, a new certificate of birth must be issued, regardless of the age of the person named in any such order. When an order of paternity has been granted on an unborn infant, the original certificate of birth must be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court;<br /> <br /> (7) For each amendment of an order of adoption, revises the provision in the bill requiring the clerk of the court to prepare a report thereon, which must include the facts as are necessary to identify the original report of adoption and those facts amended in the adoption decree, and forward a certified copy of the report to the state registrar by, instead, requiring the clerk of the court to forward to the state registrar a certified copy of the amended order of adoption, which must include the facts as are necessary to identify the original order of adoption and those facts amended in the adoption decree;<br /> <br /> (8) Revises the provision in the bill requiring the clerk of the court or the attorney for the adoptive parent to forward to the state registrar the report of adoption or amendment to the adoption order and the request for a new certificate of birth by adoption by, instead, requiring the clerk of the court or the attorney for the adoptive parent shall forward to the state registrar the certified order of adoption or amendment to the adoption order and a certificate of adoption;<br /> <br /> (9) Revises the provision in the bill requiring the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption or order of parentage or upon receipt of a directive from the department of human services by replacing department of humans services with the department of children's services; and<br /> <br /> (10) Revises the provision in the bill providing that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the amendment of the order of adoption or order of parentage or the replacement of a certificate of birth in the original name in the system of record, the state registrar must open the sealed documents, replace the certificate of birth in the original name where the certificate was originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order by replacing the word amendment with the word annulment.<br />
RECORDS OF ADOPTION PROVIDED TO DIVISION OF VITAL RECORDS<br /> <br /> Present law requires the court clerk to report all final orders of adoption to the division of vital records of the department of health ("department") by sending a certified copy of the order or a certified certificate of adoption.<br /> <br /> This bill adds the petitioner or petitioners' attorney as parties required to report all orders of adoption, re-adoption, or recognition to the division of vital records of the department for children born in this state by sending a certified copy of the order or a certified certificate of adoption or Report of Foreign Birth for children born in a foreign country. This bill does not prohibit court clerks from certifying or issuing any birth certificate applications as may be required by the state of the child's birth.<br /> <br /> INFORMATION INCLUDED IN REPORT OF FOREIGN BIRTH<br /> <br /> Present law requires the court clerk to supply the registrar of the division of vital records with the following information for the preparation of a Report of Foreign Birth if the child who has been adopted was born in a foreign country: (i) the full adoptive name of the child; (ii) the adopted child's date of birth; (iii) the adopted child's sex; (iv) the city, province and country of the adopted child's birth; (v) the full name of the adoptive father; (vi) the full maiden name of the adoptive mother; and (vii) the legal residence of the adoptive parents. This bill adds the petitioner or petitioners' attorney as parties required to supply the registrar with such information.<br /> <br /> This bill requires the court clerk to immediately furnish to the office of vital records or to the adoptive parent's or parents' attorney, upon entry of the order of adoption or recognition of foreign adoption by the court, the necessary documents listed in (i)-(vii) above for the issuance of a new birth certificate by adoption or report of foreign birth. <br /> <br /> NEW CERTIFICATE OF BIRTH PREREQUISITES<br /> <br /> Present law requires the state registrar to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (1) For adoption, a certified copy of adoption or certified copy of final decree of adoption and request for new certificate of birth by adoption. However, this bill removes this provision and requires a certified copy of the order of adoption with the certificate of adoption, or a certified certificate of adoption; and<br /> <br /> (2) For a report of foreign birth, the state registrar must prepare a report of foreign birth for a child not born in any state, territory or possession of the United States whose adoptive parents are residents of Tennessee when required adoption papers have been received from a court of competent jurisdiction in Tennessee. However, this bill removes this provision and requires a certified copy of the order of adoption or recognition with the application for report of foreign birth.<br /> <br /> NEW CERTIFICATION OF BIRTH--PREPARATION AND FILING<br /> <br /> Under present law, all orders of adoption, legitimation, and paternity must be final, and all required legal papers must be placed on final in the office of vital records. This bill removes the requirement that all orders of adoption, legitimation, and paternity be final.<br /> <br /> Present law requires that, when an order of paternity has been granted on an unborn infant, the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court. This bill removes the requirement that the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and instead requires that the original certificate of birth be prepared and filed in accordance with the order of paternity; the court must then prepare the new certificate by paternity upon receiving the certified copy of the order of paternity.<br /> <br /> NEW CERTIFICATE OF BIRTH--COURT REPORT OF ADOPTION<br /> <br /> Under present law, for each final decree of adoption by a court of competent jurisdiction in Tennessee, the court must require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. This bill revises this provision by, instead of applying the provision to final decrees of adoption, applying the provision to orders of adoption. This bill also adds that, for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, a form prescribed and furnished by that state is acceptable for filing with the state registrar of this state.<br /> <br /> Present law requires that for each amendment or annulment of an order of adoption, the clerk of the court must prepare a report thereon, which must include such facts as are necessary to identify the original report of adoption and those facts amended in the adoption decree, and forward a certified copy of the report to the state registrar. This bill removes the requirement in this provision for an annulment of an order of adoption.<br /> <br /> Under present law, the child-placing agency or, in family adoptions, the attorney or petitioners, must complete, on a form furnished by the state registrar, the request for a new certificate of birth by adoption and must file this form with the clerk of the court to be forwarded to the state registrar with the certified report of adoption when the final order has been granted. This bill removes the language allowing the child-placing agency or attorney to complete the form requesting a new certificate of birth and instead requires the petitioners to complete the form. This bill also removes the requirement that the form requesting a new birth certificate be accompanied by certified report of adoption.<br /> <br /> Present law requires that, no later than the tenth day of each calendar month or as directed by the state registrar, the clerk of the court forward to the state registrar the certified report of adoption, annulment or amendment to the adoption decree and the request for a new certificate of birth by adoption. This bill adds the attorney for the adoptive parent as a party who bears the legal responsibility for forwarding the report of adoption or amendment to the adoption order and request for a new certificate of birth by adoption. This bill also removes the requirement to forward the required documentation by the tenth day of each calendar month or as directed by the state registrar.<br /> <br /> Under present law, when the state registrar receives a report of adoption, annulment or amendment to the decree of adoption from the clerk of the court for a person born in another state, the report must be forwarded to the state registrar in the state of birth. If the birth occurred in a foreign country, the report of adoption must be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency. This bill removes this provision and prohibits the state registrar from processing any reports of adoption or orders of adoption for a person born in another state.<br /> <br /> This bill also requires the state registrar to issue, for a new certificate or birth request, the new certification to the requesting party within 30 days of receipt of the required paperwork and any applicable fee.<br /> <br /> ON APRIL 9, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2632, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the changes described below.<br /> <br /> This amendment revises the provision in the bill requiring all orders of adoption, re-adoption, or recognition to be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state by sending a certified copy of the order or a certified certificate of adoption or Report of Foreign Birth for children born in a foreign country, and by reporting the information required by that division for a new certificate of birth or for a Report of Foreign Birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption or for a Report of Foreign Birth by, instead, requiring all orders of adoption, readoption, or foreign recognition to be reported by the clerk or by the petitioner's or petitioners' attorney to the division of vital records of the department of health for children born in this state or in a foreign country by sending a certified copy of the order and certificate of adoption by reporting the information required by that division for a new certificate of birth for the child to the registrar of the division of vital records for preparation of a new certificate of birth by adoption.<br /> <br /> AMENDMENT OF RECORDS<br /> <br /> Present law provides that if a form approved acknowledging the paternity of a child is signed by both parents of the child and is submitted to the office of vital records at any time after the original certificate is filed and prior to the child's nineteenth birthday, the legal surname of the father may be entered on the certificate as that of the child, and the father's name and other personal information may be shown on the certificate of birth in the manner prescribed by regulation so long as paternity is not already shown on the certificate of birth. The state registrar may mark the record as amended, but not on the portion to be disclosed pursuant to existing law. Further, a legitimation by subsequent marriage of the individuals shown on the certificate as the father and mother must not require a new certificate of birth. This amendment deletes the provisions above and, instead, requires a certificate of birth to be amended for a person born in this state, when the office of vital records is provided any of the following to establish parentage so long as parentage is not already shown on the certificate of birth:<br /> <br /> (1) If a form approved acknowledging the paternity of a child is signed by both biological parents of the child and is submitted to the office of vital records at any time after the original certificate is filed and prior to the child's nineteenth birthday, the legal surname of the father may be entered on the certificate as that of the child, and the father's name and other personal information may be shown on the certificate of birth in the manner prescribed by rule. The state registrar may mark the record as amended, but not on the portion to be disclosed pursuant to existing law. Further, a marriage of the individuals shown on the certificate does not require a new certificate of birth;<br /> <br /> (2) For subsequent marriage of biological parents, a certified copy of the marriage certificate or certificate of marriage of parents, and affidavits of the mother and father acknowledging paternity on a form provided by the state registrar to amend the certificate of birth may be submitted to the office of vital records to add the father's name and other personal information and the child's surname changed to the father's surname. The form must furnish information for locating the certificate of birth in the original name and information concerning the parents to be entered on the amended certificate. If the father is deceased, then, in lieu of the father's affidavit, the state registrar must accept a certified copy of a parentage order, judgment, or decree in which the court determined the deceased husband to be the father of the child or children and had acknowledged paternity of the child or children, whether heard on an ex parte or contested proceeding; or<br /> <br /> (3) When parentage has been established through court, a certified copy of the order and a Notification of Order of Parentage form providing information for locating the certificate of birth in the original name must be submitted to the office of vital records to amend the birth certificate by entering the parent's name and other personal information and amend the child's name in accordance with the order. The court order must establish the name of the biological parent and decree the name the child is to bear.<br /> <br /> This amendment prohibits a certificate of birth in the original name where another person is listed as father from being amended unless an order from a court of competent jurisdiction refuting such facts as set forth by regulation is furnished to the state registrar. When an order of parentage has been granted on an unborn infant, the original certificate of birth must be prepared and filed in accordance with the laws and rules of the department, and the certificate of birth must be amended upon receipt of the certified copy of parentage order from the court and the notification of order of parentage.<br /> <br /> NEW CERTIFICATE OF BIRTH PREREQUISITES<br /> <br /> This amendment revises provisions (1) and (2) in the bill summary relevant to new certificate of birth prerequisites by, instead, requiring the state register to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (1) For adoption, a certified copy of the order of adoption and a certificate of adoption; and<br /> <br /> (2) For a report of foreign birth, a certified copy of the order of readoption or foreign recognition with the certificate of adoption.<br /> <br /> Present law requires the state registrar to prepare a new certificate of birth for a person born in Tennessee, upon receipt of required legal documents, as provided in the following cases:<br /> <br /> (A) For legitimation by court order in cases where the parents have never married, a certified copy of an order of legitimation that establishes the relationship of parent and child between the petitioner and child named in the petition, decrees the name the child is to bear, and a request for new certificate of birth by legitimation on a form provided by the state registrar that furnishes information for locating the certificate of birth in the original name and information concerning parents to be entered on the new certificate;<br /> <br /> (B) For legitimation by subsequent marriage of parents, a certified copy of the marriage certificate or certificate of marriage of parents, and affidavits of the mother and father acknowledging paternity on a form provided by the state registrar. The form must furnish information for locating the certificate of birth in the original name and information concerning the parents to be entered on the new certificate. If the father is deceased, in lieu of the father's affidavit, the state registrar must accept a certified copy of a bill or petition for divorce or sworn answer to a bill or petition for divorce properly filed, in which the husband, by oath, acknowledged himself as father of the child or children named in the bill or petition for divorce or the answer, or a certified copy of an order, judgment or decree in which the court determined the deceased husband to be the father of the child or children and had acknowledged paternity of the child or children, whether heard on an ex parte or contested proceeding;<br /> <br /> (C) For an order of paternity, a certified copy of an order of paternity or a certificate of paternity on a form provided by the state registrar that furnishes information for locating the certificate of birth in the original name, establishes the name of the father, and decrees the name the child is to bear; and<br /> <br /> This amendment deletes (A)-(C) above.<br /> <br /> NEW CERTIFICATION OF BIRTH--PREPARATION AND FILING<br /> <br /> This amendment deletes the provisions in the bill summary relevant to new certification of birth regarding preparation and filing as follows and, instead, provides the following:<br /> <br /> (1) Present law requires new certificates of birth to be prepared on adoptions, legitimations and orders of paternity only. This amendment revises the present law and, instead, requires new certificates of birth to be prepared only on adoptions and orders of parentage;<br /> <br /> (2) Present law requires all orders of adoption, legitimation and paternity to be final, and all required legal papers placed on file in the office of vital records. This amendment revises the present law and, instead, requires all orders of adoption and parentage to be placed on file in the office of vital records;<br /> <br /> (3) Present law requires the certificate of birth in the original name to be removed from the volume and a record inserted that must show the original certificate number, date removed and code citation. This amendment revises the present law and, instead, requires the certificate of birth in the original name to be sealed in the system of record and removed from the file and a record inserted that shows the original certificate number, date removed, and code citation;<br /> <br /> (4) Present law requires the birth to have occurred in Tennessee and a certificate of birth in the original name to be on file in the department. This amendment revises the present law by, instead, requiring vital records to only prepare new certificates of birth for persons born in this state and a certificate of birth in the original name must be on file in the department; and<br /> <br /> (5) Present law requires that, when an order of paternity has been granted on an unborn infant, the original certificate of birth be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court. This amendment revises the present law and, instead requires that, when an order of parentage has been entered on an unborn infant, the original certificate of birth be prepared and filed in accordance with the order, and a new certificate by parentage must be prepared upon receipt of the certified copy of the order.<br /> <br /> NEW CERTIFICATE OF BIRTH--COURT REPORT OF ADOPTION<br /> <br /> This amendment revises the provision in the bill providing that for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, a form prescribed and furnished by that state is acceptable for filing with the state registrar of this state by, instead providing that for each order of adoption entered by a court of competent jurisdiction in another state for the adoption of a person born in this state, the following are acceptable for filing with the state registrar of this state: (i) a court order from a court of competent jurisdiction in another state, unless the order has been vacated, stayed, or modified by a court of competent jurisdiction; and (ii) a form prescribed and furnished by that state, which must conform with the standards and legal requirements of the state registrar.<br /> <br /> This amendment revises the provision in the bill requiring the state registrar to issue, for a new certificate or birth request, the new certification to the requesting party within 30 days of receipt of the required paperwork and any applicable fee by, instead, requiring the state registrar to issue the new certification to the requesting party within 45 days of receipt of the required paperwork and any applicable fee.<br /> <br /> NEW CERTIFICATE OF BIRTH--SEALING OF DOCUMENTS<br /> <br /> Present law requires all legal documents pertaining to the adoption, legitimation or order of paternity, together with the certificate of birth in the original name, to be placed in an envelope and sealed following the preparation of the new certificate. This amendment deletes documents pertaining to legitimation or order or paternity from the present law above.<br /> <br /> Present law requires these sealed documents to be preserved in a fireproof vault in the department and must not be removed from that office, except by order of a court of competent jurisdiction.<br /> <br /> Present law requires the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption, legitimation, or order of paternity or in legitimations by subsequent marriage of the parents or upon receipt of a directive from the department of human services. This amendment revises the present law by requiring, instead, the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption or order of parentage or upon receipt of a directive from the department of human services.<br /> <br /> Present law provides that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the annulment of an order of adoption, legitimation, or order of paternity or the replacement of a certificate of birth in the original name on file, the state registrar must open the sealed documents, replace the certificate of birth in the original name in the volume of births in which originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order. This amendment revises the present law by, instead providing that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the amendment of the order of adoption or order of parentage or the replacement of a certificate of birth in the original name in the system of record, the state registrar must open the sealed documents, replace the certificate of birth in the original name where the certificate was originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order.<br /> <br /> When a new certificate of birth has been filed by the state registrar, present law requires all copies of the record of birth in the original name in the custody of any other party to be forwarded to the state registrar upon receipt of the state registrar's request. This amendment deletes this provision.<br /> <br /> ON APRIL 16, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2632 FOR HOUSE BILL 2645, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2632, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes:<br /> <br /> (1) Revises the provision in the bill that provides upon entry of the order of adoption, readoption, or foreign recognition by the court, the court clerk must immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents for the issuance of a new birth certificate by adoption by also requiring the court clerk to immediately furnish to the division of vital records, or to the adoptive parents or parents' attorney, the necessary documents for the issuance of a new report of a foreign order;<br /> <br /> (2) Revises the provision in the bill providing that a marriage of the individuals shown on the certificate does not require a new certificate of birth by, instead, providing that a subsequent marriage of the individuals shown on the certificate does not require a new certificate of birth;<br /> <br /> (3) Revises the provision requiring that when parentage has been established through court, a certified copy of the order and a Notification of Order of Parentage form providing information for locating the certificate of birth in the original name must be submitted to the office of vital records to amend the birth certificate by entering the parent's name and other personal information and amend the child's name in accordance with the order by replacing parent's name with father's name;<br /> <br /> (4) Revises the provision in the bill requiring new certificates of birth to be prepared only on adoptions and orders of parentage by, instead, requiring new certificates of birth to be prepared only on adoptions;<br /> <br /> (5) Revises the provision in the bill requiring all orders of adoption and parentage to be placed on file in the office of vital records by, instead, requiring all orders of adoption to be placed on file in the office of vital records;<br /> <br /> (6) Deletes the present law provisions prohibiting a certificate of birth in the original name that indicates a legitimate birth and another person as father from being removed for the preparation of a new certificate of birth by legitimation, unless an order from a court of competent jurisdiction refuting such facts as set forth by regulation is furnished to the state registrar. A new certificate of birth must not be prepared for the person in the instance where the person's father and mother were married prior to the birth of the person and the original certificate indicates another person as father or an illegitimate birth. The certificate of birth in the original name must be amended in accordance with regulations to show correct facts at the time of the birth. Upon receipt from the juvenile court clerk of an order of, or an order of paternity, a new certificate of birth must be issued, regardless of the age of the person named in any such order. When an order of paternity has been granted on an unborn infant, the original certificate of birth must be prepared and filed in accordance with the laws and regulations of the department, and a new certificate by paternity must be prepared upon receipt of the required legal papers from the court;<br /> <br /> (7) For each amendment of an order of adoption, revises the provision in the bill requiring the clerk of the court to prepare a report thereon, which must include the facts as are necessary to identify the original report of adoption and those facts amended in the adoption decree, and forward a certified copy of the report to the state registrar by, instead, requiring the clerk of the court to forward to the state registrar a certified copy of the amended order of adoption, which must include the facts as are necessary to identify the original order of adoption and those facts amended in the adoption decree;<br /> <br /> (8) Revises the provision in the bill requiring the clerk of the court or the attorney for the adoptive parent to forward to the state registrar the report of adoption or amendment to the adoption order and the request for a new certificate of birth by adoption by, instead, requiring the clerk of the court or the attorney for the adoptive parent shall forward to the state registrar the certified order of adoption or amendment to the adoption order and a certificate of adoption;<br /> <br /> (9) Revises the provision in the bill requiring the sealed documents to be opened by the state registrar for the purpose of issuing a copy of the certificate in the name at birth, upon receipt of a certified copy of an order of the court that granted the adoption or order of parentage or upon receipt of a directive from the department of human services by replacing department of humans services with the department of children's services; and<br /> <br /> (10) Revises the provision in the bill providing that upon receipt of a certified copy of an order from the court of competent jurisdiction ordering the amendment of the order of adoption or order of parentage or the replacement of a certificate of birth in the original name in the system of record, the state registrar must open the sealed documents, replace the certificate of birth in the original name where the certificate was originally filed, remove the new certificate, and place it under seal with the legal documents and the certified copy of the court order by replacing the word amendment with the word annulment.<br />
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