Tennessee Code Annotated
Tenn. Code Ann. § 36-1-142 (2026)
Voluntary delivery of infant - Notifications - Revocation of voluntary delivery - Termination of parental rights
✓ current as of May 2026
- (a) Notwithstanding a law to the contrary and without complying with the surrender provision of this part, a facility or newborn safety device, as defined in § 68-11-255, shall receive possession of an infant aged fourteen (14) days or younger upon the voluntary delivery of the infant by the infant's mother, pursuant to § 68-11-255.
- (b) The facility, a facility employee, or a member of the professional medical community at such facility, shall notify the department of children's services immediately after taking possession of an infant under this section. Upon notification, the department or the department's authorized designee shall immediately assume the care, custody, and control of such infant and shall petition the appropriate court for legal custody of such infant.
- (c) The facility, a facility employee, or a member of the professional medical community at such facility shall notify the office of vital records of the voluntary delivery of the infant in accordance with this section and § 68-11-255. The office of vital records shall issue a birth certificate for the child in accordance with § 68-3-307, which will supersede and invalidate any previously issued birth certificate.
- (d) Voluntary delivery of an infant pursuant to § 68-11-255 and failure of the mother voluntarily delivering such child to visit or seek contact with such infant for a period of thirty (30) days after the date of delivery, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days after notice was completed pursuant to this section, which shall cumulatively be no less than ninety (90) days from the date such child was voluntarily delivered to such facility or newborn safety device, shall be a basis for termination of parental rights pursuant to this part.
- (e)
- (1) A mother who voluntarily delivers an infant pursuant to § 68-11-255 may revoke such voluntary delivery by applying to a court that is qualified to receive a surrender pursuant to § 36-1-111 no later than thirty (30) days after notice was completed under subsection (f).
- (2) After such thirty (30) days, no voluntary delivery pursuant to § 68-11-255 shall be set aside except upon clear and convincing evidence of duress, fraud or intentional misrepresentation.
- (f)
- (1) Within ten (10) days of receipt of an infant under this section, the department shall give notice once a week for four (4) consecutive weeks in a newspaper or other publication of general circulation in the county in which such voluntary delivery occurred. The department shall also give such notice in any other county for which there are any facts known to the department that reasonably indicate the infant's mother or father may be so located. The notice shall include information to provide an opportunity for the putative father to claim paternity and for the mother to revoke voluntary delivery. Such notice shall describe the infant, identify where and when voluntary delivery occurred, specify how and who to contact for follow up and provide any other relevant information.
- (2) The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within thirty (30) days of the date of the last publication of notice shall constitute abandonment of the infant and of the mother's interest.
- (3) The notice shall specify that any father of such infant who fails to claim paternity by contacting the department or registering with the putative father registry pursuant to § 36-2-318 within thirty (30) days of the last publication shall be barred from thereafter bringing or maintaining any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to a hearing in, any judicial proceeding for the adoption of such infant and that consent of such putative father shall not be required for adoption of the infant.
- (4) If an infant is abandoned pursuant to § 68-11-255, then the department shall file a petition seeking termination of parental rights within ten (10) calendar days after the ninety-day period established in subsection (d) is completed. The court shall expedite the case and shall ensure that the hearing on the termination petition is heard within thirty (30) days of the date the petition is filed, unless the court determines an extension is in the best interest of the child.
- (g) The department shall designate one (1) or more persons to serve as a contact in the event the mother requires additional information, including but not limited to the legal effect of voluntary delivery of the infant, revocation of voluntary delivery, availability of relevant social services and follow-up inquiries once the mother has left the facility. The department shall provide all facilities designated to receive infants under this section with the name, phone number and other necessary information regarding such contact person.
Amended by 2023 Tenn. Acts, ch. 293, s 2, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1008, s 2, eff. 5/9/2022.
Amended by 2020 Tenn. Acts, ch. 684, s 1, eff. 6/15/2020.
Acts 2001, ch. 388, § 2.
Notes of Decisions
Cited in 5
cases, 2004–2014 · leading case: In Re Cts, 156 S.W.3d 18 (Tenn. Ct. App. 2004).
In Re Cts, 156 S.W.3d 18 (Tenn. Ct. App. 2004). “of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's *25 mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
State of Tennessee, Dep't of Child.'s Servs. v. Daniel R. Howard in the Matter of W.A.H. & A.N.H. (Tenn. Ct. App. 2006). “are of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In The Matter Of: C.M.C., C.L.C., & D.A.M. (Tenn. Ct. App. 2005). “re of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11- 255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In Re: S.B.D.W., a minor child born, January 14, 1999 (Tenn. Ct. App. 2004). “f the child; or -3- (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11- 255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In Re Kaliyah S. (Tenn. Ct. App. 2014). “eceding such parent’s or guardian’s incarceration, or the parent or guardian has engaged in conduct prior to incarceration that exhibits a wanton disregard for the welfare of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily…”
— Tenn. Code Ann. § 36-1-142(e) — 5 cases
In Re Cts, 156 S.W.3d 18 (Tenn. Ct. App. 2004). “of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's *25 mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
State of Tennessee, Dep't of Child.'s Servs. v. Daniel R. Howard in the Matter of W.A.H. & A.N.H. (Tenn. Ct. App. 2006). “are of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11-255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In The Matter Of: C.M.C., C.L.C., & D.A.M. (Tenn. Ct. App. 2005). “re of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11- 255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In Re: S.B.D.W., a minor child born, January 14, 1999 (Tenn. Ct. App. 2004). “f the child; or -3- (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily left at a facility by such infant's mother pursuant to § 68-11- 255; and, for a period of thirty (30) days after the date of voluntary delivery, the mother failed to visit…”
In Re Kaliyah S. (Tenn. Ct. App. 2014). “eceding such parent’s or guardian’s incarceration, or the parent or guardian has engaged in conduct prior to incarceration that exhibits a wanton disregard for the welfare of the child; or (v) The child, as a newborn infant aged seventy-two (72) hours or less, was voluntarily…”
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