Can a stepparent adopt a child born out of wedlock in Tennessee?

Yes. In Tennessee, a stepparent can petition to adopt a child whose parents were never married, and the steps below are the same Tennessee stepparent adoption steps. Under Tenn. Code Ann. § 36-1-115, any person over 18 may petition. What matters is your family's situation today and what happens with the other parent's rights.

What you will need to address

• The petition: You file a Petition for Adoption in the Chancery or Circuit Court, usually in your county.
• Financial responsibility: Tennessee requires a sworn statement of financial responsibility.
• Your spouse's consent: Your spouse, the child's parent, must consent to the adoption.
• Residency: Tennessee sets no minimum residency period under Tenn. Code Ann. § 36-1-115.
• The child's consent: A child who is 14 or older must consent, under Tenn. Code Ann. § 36-1-117.
• Home study: It is waived in a stepparent adoption under Tenn. Code Ann. § 36-1-116.

The other biological parent

For a child born outside marriage, the main question is usually the other parent. Maybe he is named on the birth certificate, maybe he never was, or maybe nobody knows who he is. The answer decides how that parent's rights are handled.

• Consent: If the other parent is involved and willing, consent is the usual path.
• Abandonment: Tennessee uses a four-month period for abandonment under Tenn. Code Ann. § 36-1-113.
• Can't be found: Tennessee allows service by publication when you cannot locate the other parent after a diligent search. Otherwise, notice can be delivered personally by a sheriff or process server.

How the court treats a father who is not on the birth certificate, never established paternity, or is unidentified depends on the specific facts. Ask the Chancery or Circuit Court clerk in your county or an attorney about that issue. A certified copy of the birth certificate from the Tennessee Office of Vital Records can help show what your paperwork says.

Marriage length