Can I adopt my stepchild if I'm currently pregnant in Tennessee?

Yes, you can pursue a stepparent adoption in Tennessee while you are pregnant. The requirements below are the ones that apply to a stepparent adoption in general. If you have a question about how a pregnancy or a new baby fits into your particular case, the Chancery or Circuit Court clerk in your county or an attorney can confirm it.

Where you file: Tennessee stepparent adoptions are filed in Chancery or Circuit Court. Tennessee has 95 counties, and your petition goes to the court in your county.

Residency: Tennessee has no minimum residency period for filing (Tenn. Code Ann. § 36-1-115). You do not need to wait a set number of months before you start.

What you will typically prepare:

• A Petition for Adoption
• A sworn statement of financial responsibility
• Your spouse's consent to the adoption
• Proof of service on the other parent, by sheriff or process server, or by publication if you cannot find that parent after a diligent search

Consent and abandonment: If your stepchild is 14 or older, Tennessee has a child consent requirement (Tenn. Code Ann. § 36-1-117). The other legal parent's rights also have to be addressed, either through that parent's consent or, where it applies, abandonment. Tennessee uses a 4-month abandonment period (Tenn. Code Ann. § 36-1-113). Whether abandonment applies in your situation depends on your facts. If the other parent is contested or cannot be located, talk with the court clerk or an attorney about that specific issue.

Home study: A home study is waived in Tennessee stepparent adoptions (Tenn. Code Ann. § 36-1-116). That means one less appointment to schedule during pregnancy.

Timing around your due date: A Tennessee stepparent adoption typically takes 3-6 months. If you want to finish before the baby arrives, starting early gives you the most room. Your court's hearing schedule is set locally, so the clerk can tell you what to expect.