How do I adopt an adult in Tennessee?

To adopt an adult in Tennessee, you file a petition for adoption in Chancery or Circuit Court in the county where you live, the adult you want to adopt gives sworn written consent, and the court issues the adoption order. Tenn. Code Ann. § 36-1-107 states that an adult may be adopted. Adult adoptions are typically much quicker than stepparent adoptions of children, with a typical timeline of 4-8 weeks.

Who can adopt. Under Tenn. Code Ann. § 36-1-115, the person petitioning must be over 18. If you have a living spouse who is competent to join, your spouse must join the petition. Tennessee's adult adoption provisions do not list a required relationship between you and the adult. Whether any age difference matters is something the Chancery or Circuit Court clerk or an attorney can confirm.

Consent. Under Tenn. Code Ann. § 36-1-117(j), the consent needed is the sworn, written consent of the person being adopted. There are two special situations:

• If the adult has been adjudicated incompetent, the conservator gives consent.
• If there is no conservator and the court believes the person is incompetent, the court appoints a guardian ad litem to give or withhold consent, and the court must hold a hearing.

Questions about anyone else's role in your situation should go to the court clerk or an attorney.

Residency. Tennessee sets no minimum length of residency. You must live and maintain your regular place of abode in Tennessee when the petition is filed (Tenn. Code Ann. § 36-1-115), and there is a military exception. Under Tenn. Code Ann. § 36-1-107, the person being adopted can be adopted regardless of where they live.

Court and venue. File in Chancery or Circuit Court. Venue includes the county where you, as the petitioner, reside (Tenn. Code Ann. § 36-1-114). Tennessee has 95 counties, and each clerk's office can explain its local filing procedures.

Home study. None is required for an adult. For an adoptee 18 or older, no order of reference or home study need be issued, and no social investigation, agency report or department report is required (Tenn. Code Ann. § 36-1-117(j)).

Hearing. Tennessee's adult adoption provisions do not say whether a hearing is held in an ordinary adult adoption, apart from the guardian ad litem situation above. The clerk in your county can tell you what to expect.

Typical steps:

• Confirm you meet the requirements and that your spouse, if you have one, will join the petition.
• Prepare the petition and the adult's sworn written consent.
• File in the Chancery or Circuit Court in your county and pay the filing fee.
• Follow the court's instructions on any hearing or signing of the order.
• Ask the Tennessee Office of Vital Records or an attorney about records changes after the order, such as a birth certificate.