In this answer · 2 sections
Often, yes. You can begin preparing a Tennessee stepparent adoption while your spouse is deployed, but your spouse's consent to the adoption is a required part of the filing, so the main thing to plan is how and when they will sign.
What Tennessee requires from your spouse: A Tennessee stepparent adoption includes a petition for adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption. Since your spouse is the child's parent and is deployed, ask the Chancery or Circuit Court clerk in your county how a spouse stationed away can sign and return these papers. Also ask whether your spouse must attend the hearing in person or can take part remotely. Tennessee's data doesn't spell out those details, and practices can differ by county.
Residency: Tennessee sets no minimum residency period for filing (Tenn. Code Ann. § 36-1-115). The statute also includes a military exception to the in-state residence rule, so ask the clerk how it applies to your family's situation.
Where you file: Your petition goes to the Chancery or Circuit Court. Tennessee has 95 counties, and your county's clerk is the best source for local filing steps.
What to expect on timing and cost:
- Stepparent adoptions in Tennessee typically take about 3-6 months.
- Court filing fees run about $150-$350, and the total cost is typically under $1,000 without an attorney.
- A home study is waived for stepparent adoptions (Tenn. Code Ann. § 36-1-116), so there's no home visit to schedule around a deployment.
Other people whose consent may matter:
- If your stepchild is 14 or older, their consent is part of the process (Tenn. Code Ann. § 36-1-117).
- If the child's other biological parent is involved, their rights must be addressed. Tennessee's abandonment provision uses a four-month period (Tenn. Code Ann. § 36-1-113), but whether it applies depends on your facts. If the other parent is contesting, or you aren't sure where they are, talk to the court clerk or an attorney about your specific situation. When a parent
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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