Tennessee Code Annotated

Tenn. Code Ann. § 36-1-104 (2026)

Withholding of material information concerning the status of the parents or guardian of a child subject to surrender, termination of parental rights or adoption - Misdemeanor

✓ current as of May 2026

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Any person who, upon request by any party to an adoption or the party's agent or attorney, a licensed child-placing agency or licensed clinical social worker, the department, or the court, knowingly and willfully withholds any information related to the child who is the subject of a surrender, a termination of parental rights, or an adoption proceeding, or who knowingly and willfully withholds any material information concerning the identity, status, or whereabouts of the child's legal parent or parents, putative father, or guardian or who knowingly and willfully gives false information concerning the child or the identity, status, or whereabouts of the child's legal parent, putative father, or guardian commits a Class A misdemeanor. Nothing in this section shall be construed to require a person or agency to disclose any confidential or privileged information protected by any state or federal law or regulation.

Amended by 2019 Tenn. Acts, ch. 36,s 18, eff. 7/1/2019.

Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 16.

Notes of Decisions

Cited in 2 cases, 1999–2017 · leading case: In Re Est. of Charles Edward Fant, III (Tenn. Ct. App. 2017).

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In Re Est. of Charles Edward Fant, III (Tenn. Ct. App. 2017). · cites it 2× “However, in 2016, the Legislature added subsection (b) to Section 36-1-104 in order to allow the integration of the affidavit (and the witnesses’ signatures thereon) into the will such that an otherwise validly executed will may be entered into probate.”

Eddie Dorris v. Jeffery Crisp (Tenn. Ct. App. 1999). · cites it 2× “The home study shall be confidential, and at the conclusion of the adoption proceeding shall be forwarded to the department to be kept under seal pursuant to § 36-1-126, and shall be subject to disclosure only upon order entered pursuant to § 36-1-138; Tenn. Code Ann. § 36-1-104…”

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