Can a same-sex stepparent adopt in Tennessee?

Yes. A stepparent in a same-sex marriage can petition to adopt their spouse's child in Tennessee, and the process follows the same steps as any other stepparent adoption. The statute says "any person over eighteen (18) years of age may petition" under Tenn. Code Ann. § 36-1-115, and it does not set separate steps for same-sex couples.

What the process looks like in Tennessee:

• Court: You file in Chancery or Circuit Court in your county. Tennessee has 95 counties, and the clerk can tell you local filing practices.
• Residency: Tennessee has no minimum residency period for stepparent adoption (Tenn. Code Ann. § 36-1-115).
• Spouse's consent: Your spouse's consent to the adoption is part of the required paperwork, along with the Petition for Adoption and a sworn statement of financial responsibility.
• Marriage length: Tennessee does not set a minimum marriage duration.
• Child's consent: A child who is 14 or older must consent (Tenn. Code Ann. § 36-1-117).
• Home study: Waived for stepparent adoptions (Tenn. Code Ann. § 36-1-116).
• Timeline: Many uncontested adoptions finish within a few months; the county court calendar and any publication period set the pace.

The other legal parent: In most stepparent adoptions the other parent never signs a consent, and the judge approves the adoption anyway. In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent. In Tennessee, abandonment is a common path, and the period is 4 months (Tenn. Code Ann. § 36-1-113). Write down the last visit and the last support payment. If you cannot locate the other parent, Tennessee allows service by publication after a diligent search, a routine step. If the other parent is actively contesting, that is the time to talk with a local attorney.

Unmarried couples and second-parent adoption: The steps above are for stepparents adopting a spouse's child. If you and your partner are not married, check your state guide and confirm the available route with the Chancery or Circuit Court clerk in your county.

Birth certificate: After an adoption, birth record questions go to the Tennessee Office of Vital Records. Your court clerk can explain what to submit and when.

Cost: Court filing fees are set by the county clerk. Families who prepare their own paperwork with StepParent Adoption 360 pay $349 for the first child and $99 for each additional child for the document package.