How do I adopt my stepson or stepdaughter in Tennessee?

You adopt your stepchild in Tennessee by filing a petition for adoption in the Chancery or Circuit Court in your county, with your spouse's consent and the other required paperwork, and then attending the court process. You can do this yourself, without an attorney, if the case is uncontested. Tennessee stepparent adoptions typically take 3-6 months.

The basic steps

• Prepare your paperwork. Tennessee requires a Petition for Adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption. The court clerk can confirm any additional filing items for your county.
• File in the right court. Adoptions are filed in Chancery or Circuit Court. Tennessee has 95 counties, so your local clerk's office can tell you about local procedures, such as those in Nashville, Memphis, Knoxville, Chattanooga or Clarksville.
• Pay the filing fee. Court filing fees typically run $150-$350. The total cost of a do-it-yourself stepparent adoption is typically under $1,000, compared with $3,000-$5,000+ for an attorney.
• Notify the other parent. Tennessee allows personal service by a sheriff or process server. If you cannot locate the other parent after a diligent search, service by publication is allowed.
• Attend the final steps. The court reviews your case and, if everything is in order, issues the adoption order.

Rules that matter for stepparents

• Residency: Tennessee has no minimum residency period under Tenn. Code Ann. § 36-1-115.
• Child's consent: A child who is 14 or older has a consent role under Tenn. Code Ann. § 36-1-117.
• Abandonment: Tenn. Code Ann. § 36-1-113 sets a 4-month abandonment period. It can matter if the other parent has not been involved in the child's life.
• Home study: Tennessee waives the home study for stepparent adoptions under Tenn. Code Ann. § 36-1-116.
• Termination of rights: Tennessee does not treat this as a separate case.
• Length of marriage: Tennessee does not specify a minimum, but courts generally prefer to see a stable relationship.

When you should get more help

Some situations depend on the specific facts. If the other parent objects, if you are unsure whether the abandonment period applies, or if you cannot find the other parent, ask the Chancery or Circuit Court clerk in your county about procedure, or talk with a Tennessee attorney about your situation. The clerk can also confirm local forms, hearing scheduling and any details not covered here. For questions about the child's birth certificate after the adoption, the Tennessee Office of Vital Records is the agency to ask.

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