Tennessee Stepparent Adoption Guide 2026 | Complete Steps

The short answer: a Tennessee stepparent adoption is filed in chancery or circuit court, your spouse signs the petition with you, and the judge can end the other parent's rights in the same process when that parent has abandoned the child. Under Tennessee law, failing to visit or support for four consecutive months before filing (three months if the child is under four) is abandonment. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent: the father never signs, and the judge approves the adoption anyway.

What Is a Stepparent Adoption in Tennessee?

A stepparent adoption makes you your stepchild's legal parent, with the same rights and responsibilities as any parent. Your spouse stays the child's parent, and the other biological parent's rights end. Adopting a stepchild is the most common form of adoption in the United States (Child Welfare Information Gateway), and Tennessee courts handle these cases routinely.

In Tennessee, adoptions are heard by the chancery or circuit court, not the probate or juvenile court (T.C.A. § 36-1-102, as summarized by the Child Welfare Information Gateway). The juvenile court's role in adoption is limited to things like accepting surrenders.

Step 1: Confirm You're Eligible

Tennessee's basic rules, as summarized by the Child Welfare Information Gateway (T.C.A. §§ 36-1-115, 36-1-107):

• Age. Any person over 18 may petition to adopt.
• Your spouse joins. Spouses petition jointly, and if your spouse is the child's legal or birth parent, your spouse signs the petition as co-petitioner. That's the standard stepparent setup.
• Residence. You must live in Tennessee when you file. Tennessee's six-month residency requirement doesn't apply when you're adopting a related child, as long as you're an actual resident when the petition is filed.
• Custody. You must have physical custody of the child or show the court you have the right to receive it. In a stepfamily, the child already lives with you.

Step 2: Work Out the Other Parent's Situation

This is the step families worry about most, and in Tennessee it's usually the easiest. There are four common situations.

The other parent has abandoned the child

This is the most common situation we see. Tennessee law defines abandonment to include a parent who, for the four consecutive months immediately before the petition is filed, has failed to visit, failed to support, or failed to make reasonable payments toward the child's support. Since July 1, 2023, the period is three consecutive months if the child is under four years old (2023 Tenn. Pub. Acts ch. 373, amending T.C.A. § 36-1-102(1)(A)(i)).

Abandonment is a ground for terminating parental rights under T.C.A. § 36-1-113. The court ends the parent's rights when it finds the ground by clear and convincing evidence and finds that termination is in the child's best interest (Child Welfare Information Gateway, Tennessee, August 2025). Notice the word "or" in the definition: failing to visit is enough on its own, and so is failing to support.

The other parent agrees

If he's willing, he can surrender his rights or sign a parental consent, which the court confirms. Tennessee requires surrenders to be made in chambers before a judge (or as the statute otherwise allows, such as before a warden if he's incarcerated), and no surrender or consent is valid within three days after the child's birth (T.C.A. § 36-1-111). Once a parent has surrendered, given a confirmed consent, waived his rights or had them terminated, he isn't made a party to the adoption (T.C.A. § 36-1-117).

The other parent can't be found

That doesn't stop your adoption. After a reasonable search (last known addresses, relatives, social media, public records), the court can authorize notice by publication in a newspaper. Keep notes of every search step; the court will ask what you tried. Courts handle these cases routinely.

The other parent has died

There's no one to terminate. Include a certified copy of the death certificate with your petition.

Step 3: Your Stepchild's Consent

When the child is 14 or older, the court must receive the child's sworn, written consent to the adoption, and it takes the child's consent and testimony in chambers (T.C.A. § 36-1-117, as summarized in the Child Welfare Information Gateway's Tennessee consent page). In our experience, older children are usually the most eager to make the adoption official.

Step 4: Prepare and File Your Petition

You file in the chancery or circuit court of the county where you live, where the child lives, or where any respondent lives, among other options (T.C.A. § 36-1-114, per the Child Welfare Information Gateway). A typical stepparent package includes:

The home study

Tennessee normally requires a home study before an adoption petition is filed. But the court may waive the home study and post-placement supervision when the child is being adopted by related persons (T.C.A. § 36-1-116, per the Child Welfare Information Gateway). Ask for the waiver in your petition.

Step 5: Serve the Other Parent and Wait

A parent whose rights haven't been surrendered, waived or terminated is made a party to the case and must be served. If he's served and doesn't respond, the case moves forward. If he can't be found, the court can authorize publication.

Tennessee's adoption law also includes a six-month waiting period after the petition is filed before the final order, and it sets out circumstances in which the court waives it (T.C.A. § 36-1-119(c), as amended in 2023). Ask your clerk how your court applies it in a stepparent case.

If the other parent actively fights the termination, that's the time to talk with a local family law attorney.

Step 6: The Final Hearing and Order

At the final hearing, the judge confirms the requirements are met, makes the termination findings if the other parent hasn't consented, and signs the order of adoption. Many courthouses let families take a photo with the judge.

Step 7: After the Adoption

1. Request a new birth certificate from the vital records office in the state where your child was born.
2. Update Social Security with Form SS-5 if your child's name changed.
3. Update school, medical and insurance records with certified copies of the order.
4. Update your estate planning.

The other parent's duty to pay child support going forward ends (Child Welfare Information Gateway). Whether back support already owed can still be collected depends on Tennessee law.

What Does It Cost?

StepParent Adoption 360 prepares your Tennessee document package for $349 for the first child, plus $99 for each additional child. Court filing fees, service or publication, certified copies and the birth certificate are paid separately and vary by county; ask your chancery or circuit court clerk for the current total. If the court doesn't waive the home study, the cost of the study is extra. Many uncontested adoptions finish within a few months once any waiting period and notice period have run.

Frequently Asked Questions

Can I adopt my stepchild in Tennessee if the other parent has never been involved?

Yes. If he hasn't visited or supported the child for the four consecutive months before you file (three months if the child is under four), that's abandonment under T.C.A. § 36-1-102, a ground for ending his rights. About 80% of the stepparent adoptions we've completed went forward without the other parent's consent.

Which court handles stepparent adoptions in Tennessee?

The chancery or circuit court. You can file in the county where you live, where the child lives, or where any respondent lives, among other options.

Does my stepchild have to consent?

Yes, if the child is 14 or older. The court receives the child's sworn, written consent and talks with the child in chambers.

Do I need a home study?

Often not. The court may waive the home study and post-placement supervision when the child is being adopted by related persons, which includes a stepparent. Ask for the waiver in your petition.

Can I complete a Tennessee stepparent adoption without a lawyer?

Many families handle an uncontested stepparent adoption with properly prepared documents. If the other parent actively contests the termination, talk with a local family law attorney.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Tennessee General Assembly, SB 535 / HB 163 (113th General Assembly), enacted as 2023 Tenn. Pub. Acts ch. 373, effective July 1, 2023 (T.C.A. §§ 36-1-102(1), 36-1-119(c)); Child Welfare Information Gateway state statute summaries for Tennessee: Who May Adopt (T.C.A. §§ 36-1-107, 36-1-115), Consent to Adoption (§§ 36-1-110, 36-1-111, 36-1-117), Court Jurisdiction and Venue (§§ 36-1-102, 36-1-114), Home Study Requirements (§ 36-1-116) and Grounds for Involuntary Termination (§ 36-1-113); Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.