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Yes, you can petition to adopt your stepchild in Tennessee while you are stationed there, but the key question is how Tennessee's residency rule applies to your situation. The petition is filed in Chancery or Circuit Court.
Residency: Tennessee sets no minimum number of months you must have lived in the state under Tenn. Code Ann. § 36-1-115. The petitioner must live and maintain a regular place of abode in Tennessee when the petition is filed, and the law includes a military exception. How that exception applies depends on your orders, where you live, and where your legal home of record is. The Chancery or Circuit Court clerk in your county can confirm this, and an attorney can advise on your specific facts.
What the process looks like:
- Court: The petition goes to the Chancery or Circuit Court. Tennessee has 95 counties, and your county clerk can tell you local filing details.
- Your spouse: Your spouse, the child's parent, gives consent to the adoption.
- Paperwork: Tennessee requires a Petition for Adoption and a sworn statement of financial responsibility, along with the consent paperwork.
- Child's consent: A child who is 14 or older must consent under Tenn. Code Ann. § 36-1-117.
- Home study: Tennessee waives the home study in stepparent cases under Tenn. Code Ann. § 36-1-116, so you don't need to schedule one around your duty schedule.
- Timeline: Stepparent adoptions in Tennessee typically take 3-6 months. If a move or deployment is possible, ask the clerk how that could affect your timing.
- Cost: Court filing fees run about $150-$350, and the total cost is typically under $1,000, compared with $3,000-$5,000+ with an attorney.
The child's other parent: If the other legal parent consents, the process is generally simpler. If the other parent will not consent, Tennessee's abandonment period is 4 months under Tenn. Code Ann. § 36-1-113. Whether that applies to your family depends on specific facts, so an attorney should review it. If you cannot locate the other parent, Tennessee allows service by publication after a diligent search.
Stepparent adoption in Tennessee at a glance
- Court
- Chancery or Circuit Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $150-$350
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Tennessee families we've helped
- 967
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