§ 36-1-122 — Binding effect of adoption

(a) When a child is adopted pursuant to this part, the adoptive parents shall not thereafter be deprived of any rights in the child, at the insistence of the child's biological or prior legal parents or guardian of the child or any other person or agency except in the same manner and for the same causes as are applicable in proceedings to deprive biological or legal parents or guardians of their children or wards as provided by law. (b) (1) After the final order of adoption is entered, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceeding by reason of any defect or irregularity therein, jurisdictional or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed by law. (2) In no event, for any reason, shall an adoption be overturned by a trial court or collaterally attacked by any person or entity after nine (9) months from the date of entry of the final order of adoption by a court of competent jurisdiction. This subdivision (b)(2) is intended as a statute of repose. (3) The failure of the clerk of the court, the department, a licensed child-placing agency, or a licensed clinical social worker to perform any of the duties or acts with the time requirements of this part shall not affect the validity of any adoption proceeding. (4) After a final order of adoption is entered, an order shall not be entered requiring visitation or other contact between an adopted person and a biological parent or other related person unless the order is entered pursuant to § 36-1-145 .

Legislative History

Amended by 2023 Tenn. Acts, ch. 263, s 8, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 363, s 6, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 937, s 8, eff. 7/1/2022. Acts 1951, ch. 202, §§ 27, 30 (Williams, §§ 9572.41, 9572.44); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-127; §36-1-127; Acts 1995, ch. 532, § 1.