What are Tennessee's adoption laws?

Tennessee's adoption laws are found in Tennessee Code Annotated Title 36, Chapter 1, and for a stepparent adoption they are fairly straightforward: you file in Chancery or Circuit Court, there is no minimum residency period, and the home study is waived.

Where you file: Tennessee has 95 counties, and your petition goes to the Chancery or Circuit Court (Tenn. Code Ann. § 36-1-115). Venue includes the county where you live (Tenn. Code Ann. § 36-1-114).

Who can adopt: Any person over eighteen may petition (Tenn. Code Ann. § 36-1-115). If you have a living spouse who is competent to join, your spouse joins the petition. Tennessee doesn't specify a minimum marriage length, though courts generally prefer to see a stable relationship.

Residency: Tennessee sets no minimum number of months you must have lived in the state. You do need to live and maintain your regular place of abode in Tennessee when the petition is filed (Tenn. Code Ann. § 36-1-115).

Consent: A child who is 14 or older must consent to the adoption (Tenn. Code Ann. § 36-1-117). Your spouse's consent is also part of the filing.

The other parent: Tennessee's abandonment provisions use a four-month period (Tenn. Code Ann. § 36-1-113). Termination does not require a separate proceeding in Tennessee. If the other parent contests the adoption, or you are unsure whether the abandonment rules fit your situation, talk to the Chancery or Circuit Court clerk in your county or an attorney about your specific facts.

Notice to the other parent: Tennessee allows personal service by a sheriff or process server. If you can't locate the other parent after a diligent search, it allows service by publication.

Home study: Waived for stepparent adoptions (Tenn. Code Ann. § 36-1-116).

What you file: A typical filing includes a petition for adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption.

Adult adoption: Tennessee permits it (Tenn. Code Ann. § 36-1-107). The person being adopted gives sworn, written consent, and no home study is needed for an adoptee 18 or older (Tenn. Code Ann. § 36-1-117). If the adult has been adjudicated incompetent, a conservator consents. Adult adoptions typically take 4-8 weeks.

Timeline and cost: A stepparent adoption of a minor typically takes 3-6 months.