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David Fowler
President
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Bill: Act for the Placement of Children for Adoption (SB0078/HB0605)
Sponsors: Sen. Paul Stanley and Rep. John Deberry
Purpose of the Act: The purpose of the proposed Act is to make sure that Tennessee adoption law with respect to the placement of children clearly states what has been the long-standing historical understanding of the law and judicial practice, namely, that children can be placed for adoption with two individuals only if they are married to each other.
Policy Considerations: The Act reflects the long-standing policy in Tennessee that when the state is “creating” a family, children should be placed in as secure a parental relationship as possible. This is in the best interest of the child. The Act also reflects the strong public policy in Tennessee favoring marriage as reflected in the adoption by 81% of Tennessee’s voters of the amendment to the state constitution defining marriage as between one man and one woman and recognizing only such marriages as valid in Tennessee. Promotion of this public policy is also a legitimate state interest.
Reason for the Act: This historical understanding and practice was called into question by Attorney General Opinion No. 07-140, which stated that Tennessee’s adoption law is ambiguous on the issue of whether two individuals who each seek to adopt must be married. |
Adoption Act: Why We Need This Bill 
