Can my spouse adopt my child from a previous relationship in Tennessee?

Yes, in Tennessee your spouse can petition to adopt your child from a previous relationship. This is a stepparent adoption, and it is filed in Chancery or Circuit Court in your county. Here is how it works in Tennessee.

Where it is filed. Stepparent adoptions go through the Chancery or Circuit Court. Tennessee has 95 counties, and each court clerk's office can tell you about local filing details, such as how documents are submitted and how hearings are scheduled.

Residency. Tennessee has no minimum residency period for this kind of petition (Tenn. Code Ann. § 36-1-115). Your clerk can confirm anything about where you should file.

Paperwork. Tennessee requires:

• A Petition for Adoption
• A sworn statement of financial responsibility
• Your consent as the child's parent and spouse of the adopting stepparent
• The court filing fee

The other parent. This is the part that most affects your case.

• If the other legal parent agrees, the process is usually simpler.
• If the other parent is not involved, Tennessee's abandonment provision uses a four-month period (Tenn. Code Ann. § 36-1-113). Whether your situation fits depends on your specific facts.
• If you cannot find the other parent, Tennessee allows service by publication after a diligent search. Personal service by a sheriff or process server is also allowed.
• If the other parent might contest the adoption, talk to a Tennessee family law attorney about your situation.

Your child's consent. In Tennessee, a child who is 14 has a role in consenting to the adoption (Tenn. Code Ann. § 36-1-117). If your child is younger, ask the court clerk how the court handles it.

Home study. A home study is waived for stepparent adoptions in Tennessee (Tenn. Code Ann. § 36-1-116), which removes a step that often adds time and expense in other kinds of adoption.

Length of your marriage. Tennessee doesn't set a minimum marriage length, though courts generally prefer to see a stable relationship.

Timeline and cost. A stepparent adoption in Tennessee typically takes about 3-6 months. Court filing fees generally run $150-$350, and the total cost when you handle the paperwork yourself is typically under $1,000. Hiring an attorney commonly runs $3,000-$5,000 or more. After the adoption, the Tennessee Office of Vital Records is the agency to ask about birth records.

Who can adopt. Anyone petitioning must be over 18 (Tenn. Code Ann. § 36-1-115). For any question about your family's circumstances that goes beyond this, the court clerk or an attorney can give you a reliable answer.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. Our price is $349 for the first child and $99 for each additional child.