Can an elderly stepparent adopt in Tennessee?

Yes. An older stepparent can petition to adopt in Tennessee. The age rule in the statute is that a petitioner be "over eighteen (18) years of age" (Tenn. Code Ann. § 36-1-115). If you are wondering about an upper age limit, ask the Chancery or Circuit Court clerk in your county, or an attorney, who can confirm it for your situation.

Where the case is filed: Adoption petitions go to Chancery or Circuit Court. Venue includes the county where the petitioners live (Tenn. Code Ann. § 36-1-114).

If you are adopting an adult stepchild: This is the simpler path, and it is often how families formalize a bond that has lasted for decades.

• Tennessee provides that "an adult may be adopted" (Tenn. Code Ann. § 36-1-107).
• The required consent is the adult's own sworn, written consent (Tenn. Code Ann. § 36-1-117(j)).
• If the adult has been adjudicated incompetent, the conservator consents. If there is no conservator and the court believes the person is incompetent, a guardian ad litem is appointed, and the court must hold a hearing.
• No home study is needed for an adoptee 18 or older.
• If you have a living spouse who is competent to join, your spouse must join the petition (Tenn. Code Ann. § 36-1-115).
• Adult adoptions typically take about 4-8 weeks.

If your stepchild is still a minor: More steps apply.

• A child 14 or older must consent (Tenn. Code Ann. § 36-1-117).
• Tennessee has no minimum residency period before you file, but you must live in the state when the petition is filed.
• The abandonment period is four months if the other parent's rights are at issue (Tenn. Code Ann. § 36-1-113).
• The home study is waived in stepparent adoptions (Tenn. Code Ann. § 36-1-116).
• If you cannot locate the other parent after a diligent search, Tennessee allows service by publication.
• Tennessee does not set a minimum length of marriage, but courts generally prefer to see a stable relationship.
• Stepparent adoptions of minors typically take about 3-6 months.
• If the other parent objects or cannot be found, how the court handles it depends on your facts. Check with the court clerk or an attorney about that specific issue.

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