How does the adoption process work in Tennessee?
Tennessee adoption law is consolidated in Title 36 Chapter 1 of the Tennessee Code Annotated.
1. Types of Adoption
2. Petitioner Eligibility
Under T.C.A. § 36-1-115, any adult resident of Tennessee, or a non-resident with the child placed by a Tennessee agency, may petition. The petitioner must have resided in TN for 6 months before filing unless the placement was through a licensed agency. A spouse must join.
3. Consent Requirements
Under T.C.A. § 36-1-111, a surrender of parental rights cannot be signed earlier than 3 days after the child's birth and must be executed before a judge of the court. The surrender is revocable within 10 calendar days by filing a revocation in the court that received the surrender. For parents under 18, the revocation window is 30 days. After revocation expiration, the surrender is irrevocable absent fraud or duress.
4. Home Study
A home study under T.C.A. § 36-1-116 is required for all non-related adoptions and conducted by a licensed agency or DCS. Step-parent and related adoptions are exempt unless ordered. A post-placement report precedes finalization.
5. Termination of Parental Rights (TPR)
Voluntary via surrender. Involuntary TPR under T.C.A. § 36-1-113 for grounds including abandonment, severe abuse, persistent conditions. Interstate placements require ICPC under T.C.A. § 37-4-201. ICWA (25 U.S.C. § 1901) applies to tribal-eligible children.
6. Finalization Hearing
The court holds a final hearing typically 6 months after placement (T.C.A. § 36-1-119). The court enters the Order of Adoption, and the Office of Vital Records issues a new birth certificate.
This is legal information, not legal advice.
- Surrender revoked within 10-day (or 30-day for minors) window
- Putative father seeks paternity through Putative Father Registry (§ 36-2-318)
- Contested abandonment TPR under § 36-1-113
- T.C.A. § 36-1-101 et seq.
- T.C.A. § 36-1-111
- T.C.A. § 36-1-113
- T.C.A. § 37-4-201 (ICPC)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.