In Re the Adoption of E.N.R.

OPINION

in which ANDERSON, C.J., and DROWOTA, BIRCH, and BARKER, JJ., joined.

The parental rights of Timothy Ray Rose, a convicted rapist serving a twelve-year sentence, were terminated by the trial court pursuant to Tenn.Code Ann. § 36-1-113. On appeal, Mr. Rose challenged the constitutionality of § 36 — 1—113(g)(6) and § 36-l-113(c)(2), which permit termination of an inmate’s parental rights under certain circumstances. Mr. Rose’s constitutional challenge, however, was raised for the first time in closing argument before the trial court. Accordingly, we hold that the constitutional challenge…