Tennessee Dumps Its Contact Veto

Tennessee repealed its long reviled “contact veto,” which sought to criminalize certain contact between birth relatives. Here’s what that means.

What does the new law do?

The new law eliminates a contact veto provision and all of its complicated measures that implemented the contact veto. In short, it repeals a registry that biological relatives (including adoptees) could use to register a “no contact” request that operated to prohibit contact with a birth relative who is identified through Tennessee law or through any other means. Prior to July 1, 2022, adoptees and others could have faced criminal and civil penalties if they had contacted a birth relative who had registered with the state’s “no contact” registry.

When did the new law go into effect?

July 1, 2022. Poof. It’s now gone.

What does this mean for adopted people born in Tennessee?

It means that the state has eliminated one of the more onerous discriminatory provisions in the United States, one that criminalized actions that are considered lawful in any other context other than adoption.

Is Tennessee still a Compromised State?

Yes. For two reasons, which are are explained on the Tennessee state overview:

Though almost all adult adoptees in Tennessee have a right to obtain their own OBCs, I list it as a compromised state for two reasons: 1) exceptions remain to receive your own birth certificate; and 2) it uses a fairly complex administrative process that costs a $150 fee plus 25 cents per page for documents.

Tennessee will not release an original birth certificate (or any identifying information) from sealed records “without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest.”