Children

Plain English Breakdown

The official source material did not provide specific details about the quantification of minimal support, penalties for affidavit requirements, and the extent of prospective adoptive parents' authority to consent to vaccinations.

Changes to Definitions and Requirements for Children's Rights

This bill modifies the definition of 'putative father' in Tennessee, updates affidavit requirements before final adoption orders are entered, and clarifies who can give consent for a minor's vaccination.

What This Bill Does

• Defines 'token financial support' as minimal or insubstantial payments that do not count towards being a putative father during pregnancy or when the mother has custody of the child.
• Allows declarations made under penalty of perjury to satisfy affidavit requirements before final adoption orders are entered.
• Clarifies that consent for a minor's vaccination can be given by prospective adoptive parents in addition to biological, legal, or adoptive parents and individuals with medical decision-making authority over the child.

Who It Names or Affects

• Biological fathers who may not qualify as putative fathers due to minimal financial support.
• Adoptive agencies and courts handling adoption cases.
• Healthcare providers giving vaccinations to minors.

Terms To Know

Putative father

A biological or alleged biological father who claims paternity but may not be legally recognized as the child's parent.

Token financial support

Minimal payments that do not establish substantial support for a child during pregnancy or when the mother has custody.

Limits and Unknowns

• The bill does not specify how minimal support is quantified.
• It remains unclear if there are specific penalties for failing to comply with affidavit requirements in adoption cases.
• The extent of prospective adoptive parents' authority to consent to vaccinations may vary based on state law.

Official Summary Text

Present law provides that one definition of "putative father" means a biological or alleged biological father who, at the
time of filing a petition to terminate parental rights or a petition to adopt a child, has not been excluded by DNA testing, is not a legal parent, and has claimed paternity. This claim can be made to the child's mother, the petitioners or their attorney,
the department of children's services ("department"), a licensed child-placing agency, or a licensed clinical social worker. Additionally, the putative father must have either paid financial support to the child or mother during pregnancy or while the m
o
ther had physical custody of the child, or made a court filing consistent with his claim of paternity. If the putative father has notified the department of his paternity claim through the putative father registry, then he must comply with all waiver of
n
otice requirements and filing of a paternity petition.

This bill adds that payment of financial support to or for the benefit of the child or the child's mother during the pregnancy or when the mother had physical custody of the child does not include pa
yment of token financial support. "Token financial support" means one or more payments that constitute no more than perfunctory support or payments of such an infrequent nature or of such short duration as to merely establish minimal or insubstantial sup
p
ort for the child or the child's mother during the pregnancy.

ADOPTION

Before the entry of a final order of adoption, present law requires the following two affidavits to be filed with the proposed order:



An affidavit from the attorney for the petitioners, detailing fees for services related to the placement of the child or legal services, and any fees paid to others for securing the placement or related services.



An affidavit from the licensed child-placing agency or licensed clinical social worker who placed the child, detailing the fees charged to the adoptive parents for the child's placement, home studies, and supervision of the placement.

This bill provides that a declaration made under penalty of perjury satisfies the requirement of such affidavits.

PARENTAL CONSENT REQUIRED FOR TREATMENT OF MINORS

Present law prohibits a healthcare provider from providing a vaccination to a minor unless the healthcare provider first receives informed consent from a parent or legal guardian of the minor. This bill clarifies that "parent," as used in this provision, means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law.

ON APRIL 7, 2025, THE SENATE ADOPTED AMENDME
NT #1 AND PASSED SENATE BILL 1052, AS AMENDED.

AMENDMENT #1 adds prospective adoptive parents as a party who may consent to a vaccination on behalf of a minor.

Current Bill Text

HOUSE BILL 1355
By Littleton

SENATE BILL 1052
By Haile

SB1052
003184
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AN ACT to amend Tennessee Code Annotated, Title 36
and Title 63, relative to children.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-1-102(45)(B), is amended by
designating the current language as subdivision (45)(B)(i) and adding the following as a new
subdivision (45)(B)(ii):
(ii) Payment of financial support to or for the benefit of the child or the child's
mother during the pregnancy or when the mother had physical custody of the child does
not include payment of token financial support. As used in this subdivision (45)(B)(ii),
"token financial support" means one (1) or more payments that constitute no more than
perfunctory support or payments of such an infrequent nature or of such short duration
as to merely establish minimal or insubstantial support for the child or the child's mother
during the pregnancy;
SECTION 2. Tennessee Code Annotated, Section 36-1-120(b), is amended by deleting
"affidavit" wherever it appears and substituting "affidavit, or declaration as permitted under Rule
72 of the Tennessee Rules of Civil Procedure,".
SECTION 3. Tennessee Code Annotated, Section 63-1-165, is amended by deleting
subdivision (c)(1) and substituting:
(1) A healthcare provider shall not provide a vaccination to a minor unless the
healthcare provider first receives informed consent from a parent, as defined in § 63-1-
176, or legal guardian of the minor. The healthcare provider shall document receipt of,

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and include in the minor's medical record proof of, such prior parental or guardian
informed consent.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.