TENNESSEE'S ADOPTION LAW

Abstract

Tennessee has recently enacted legislation increasing access to adoption records, allowing adult adoptees to obtain their birth certificates and other information contained only in their adoption records. After that controversial statute became law, it was challenged in Doe v. Sundquist. After 3 years of litigation, the Tennessee Supreme Court held that the statute was constitutional. The authors discuss the history of Tennessee's adoption law, demonstrating how certain events led to the passing of the controversial statute. They also discuss the adoption triad, including the birth parents, adoptive parents, and adoptees, noting the interests of each party. Following that is a discussion of the Tennessee statute and how it operates. The commentary continues with a detailed look at Doe v. Sundquist, including the procedural and substantive issues in both federal and state court. The authors conclude that the Tennessee law is a practical and reasonable solution to the controversy over sealed adoption records.