TN Attorney General Opinion on Rights of Biological Parents and Adoptive Children

05 November 2012 Categories: All Blogs, Family Law and Divorce

The Tennessee Attorney General is required to provide legal opinions to “the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials…in the discharge of their official duties.” Tenn. Code Ann. § 8-6-109 (b)(6). The Attorney General cannot issue opinions to county or local government officials or to private citizens.

Recently, the Tennessee Attorney General  issued an opinion (click the link below for full opinion) on a proposed bill that changes some Tennessee statutes regarding adoption and birth certificates. The four main issues were:

1. Would Senate Bill 2835/House Bill 3197 (hereinafter “SB2835”), proposed but not enacted in the Second Session of the 107 theGeneral Assembly (2012), alter the inheritance rights of adopted children, biological parents, or adoptive parents?
2. Would SB2835 alter the child support obligation of biological or adoptive parents?
3. Would SB2835 unconstitutionally interfere with an adoptive parent’s fundamental right to parent a child?
4. Would SB2835 be otherwise unconstitutional?

The Attorney General answered “no” to all four questions.

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