Can a step-grandparent adopt a grandchild in Tennessee?

A step-grandparent may be able to adopt a grandchild in Tennessee, but whether it works depends on your family's facts. Tennessee lets any person over 18 petition for adoption in Chancery or Circuit Court (Tenn. Code Ann. § 36-1-115). The rules we can point to don't single out step-grandparents, so a few points should be confirmed for your situation.

What Tennessee's rules say that applies to you:

• Court: The petition is filed in Chancery or Circuit Court in one of Tennessee's 95 counties.
• Who may petition: Any person over 18 (Tenn. Code Ann. § 36-1-115).
• Residency: Tennessee sets no minimum residency period.
• Your spouse: Tennessee requires the petitioner's spouse's consent to the adoption. For a step-grandparent, that means the grandparent you're married to should be on board and part of the filing.
• Child's consent: A child who is 14 or older has a consent role in the adoption (Tenn. Code Ann. § 36-1-117).
• Abandonment: If a parent's rights are being ended on grounds of abandonment, the period is 4 months (Tenn. Code Ann. § 36-1-113).
• Home study: Tennessee waives the home study in stepparent adoptions (Tenn. Code Ann. § 36-1-116).

What depends on your facts:

• Which parents are involved: Whether a parent has died, will consent, can't be found, or objects changes what the court needs to see. If a parent can't be located, Tennessee allows service by publication after a diligent search. A contested case is a matter for an attorney.
• Whether the stepparent shortcuts apply: A step-grandparent isn't married to the child's parent, so the stepparent timeline and home-study waiver may not fit your case. Ask the Chancery or Circuit Court clerk in your county whether a home study or other steps will be required.
• Whether other relatives' consent matters: Tennessee law on this point should be confirmed with the court clerk or an attorney.