Tennessee Adoption Laws

Tennessee’s adoption laws changed in 2018 to provide more legal protection to the birth parents and the adopted children. The First in Adoption Act also streamlined the adoption process for prospective adoptive parents.

Tennessee allows any adult over the age of 18 to adopt any person. There are other basic requirements, including a home study program and termination of the birth parents’ parental rights.

The following article provides a general overview of adoption laws in Tennessee.

Tennessee Adoption Laws

Tennessee’s First in Adoption Act amended the existing adoption laws (Tennessee Code, Title 36, Chapter 1, Section 36-1-101, et seq.). Anyone may become a prospective adoptive parent as long as they are:

• At least 18
• Able to financially provide for a child
• Live in Tennessee at the time of filing the adoption petition (active service members must have lived in Tennessee for at least six months and have listed Tennessee as their regular place of residence)
• Complete a home study carried out by a licensed child-placing agency

Single individuals can adopt. If married couples want to adopt, both spouses must sign the adoption petition. Two unmarried people cannot adopt the same child.

Tennessee has no restrictions on same-sex couples adopting children but currently permits adoption agencies to set their own rules about same-sex adoptive families.

Types of Adoption

Like most states, Tennessee recognizes several types of adoptions. Prospective parents and biological parents must consider which type is in the best interest of the child, assuming they are all involved in the adoption process.

• Agency adoptions are the most common in Tennessee. The agencies may be public agencies, where the children are wards of the state or court, or private agencies, where parents have surrendered their children voluntarily.
• Independent adoptions use private facilitators like attorneys, doctors, or social workers. These facilitators arrange adoptions between the birth parents and potential adoptive parents. Independent adoptions must still undergo a home study process before the finalization of the adoption.
• Relative adoptions take place when a biological parent is unable to care for a child. Tennessee prefers to place children with biological relatives and foster parents when possible (Tn. Code 36-1-115).
• Stepparent adoptions are possible if both parents of the child consent or if the other parent has abandoned or is otherwise not present in the child’s life. If an absent parent’s rights must be terminated, you will need the help of an adoption attorney.

The court may waive home study and residency requirements for relative and stepparent adoptions.

The Adoption Process

Adoption proceedings in Tennessee differ from many other states in one way: the child must live with the prospective adoptive parents before they file the petition. In most other states, families considering adoption file their petitions first.

The adoptive family completes the home study, including a background check of all family members, before the initial hearing. A licensed clinical social worker introduces the child to the prospective family several times before the hearing to determine whether the child and family are compatible.

If the birth mother’s parental rights were not terminated by court order, she remains the legal parent until the transfer of guardianship. After that, she has three days to revoke her decision. There is a six-month waiting period before finalization of adoption.

If the birth father is not present, he becomes the “putative father” and must register with the Department of Children’s Services putative father registry. Failing to do so within the requisite time period revokes his right to notice and may result in termination of parental rights.

Tennessee Adoption Laws: Related Resources

Please visit the links below for more information and resources related to this topic.

• Tennessee Legal Ages
• Tennessee Family Laws
• Adoption
• Foster Care

Get Legal Advice from a Tennessee Adoption Attorney

Tennessee adoption laws make it easier for adoptive and birth parents to make tough decisions. They still need legal advice from an experienced Tennessee adoption attorney to protect their rights and that of the baby they all care for.