§ 29-34-214 — Liability of adoption facilitator

(a) For purposes of this part, "adoption facilitation claim" means any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child. (b) Adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator as defined in § 36-1-102 , may bring a civil action alleging an adoption facilitation claim against such adoption facilitator who acted in violation of title 36, chapter 1, or title 71, chapter 3, part 5. (c) A person who brings a successful claim for adoption facilitation under this section may recover: (1) Compensatory damages, including, but not limited to, noneconomic damages, as defined in § 29-39-101(2) ; (2) Punitive damages, as provided in § 29-39-104 , if appropriate; and (3) Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law. (d) A claim or judgment entered against an adoption facilitator under this section does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption.

Legislative History

Added by 2023 Tenn. Acts, ch. 361, s 5, eff. 7/1/2023.