What are the adoption laws in Tennessee?

Tennessee adoption law is found in Tennessee Code Annotated Title 36, Chapter 1, and a stepparent adoption is filed in the Chancery or Circuit Court in your county. Here is how the main rules apply to a stepparent adoption.

Who can adopt: Any person over 18 may petition under Tenn. Code Ann. § 36-1-115. If you are married, your spouse's consent to the adoption is part of the filing. Tennessee does not specify a minimum length of marriage, though courts generally prefer to see a stable relationship.

Residency: Tennessee has no minimum residency period. Under Tenn. Code Ann. § 36-1-115, the petitioners need to live in Tennessee when the petition is filed.

Where to file: Your petition goes to the Chancery or Circuit Court. Tennessee has 95 counties, and the clerk in your county can tell you about local filing procedures. The state's larger cities include Nashville, Memphis, Knoxville, Chattanooga and Clarksville.

Consent:

• A child who is 14 or older must consent to the adoption (Tenn. Code Ann. § 36-1-117).
• The other legal parent's position matters. If that parent will not consent, the case depends on its facts, so ask the court clerk or an attorney about your specific situation.

Abandonment: Tennessee uses a four-month period in its abandonment ground (Tenn. Code Ann. § 36-1-113). Whether it applies to your family depends on your circumstances. In Tennessee, termination of the other parent's rights is not a separate case in this process.

Home study: It is waived in stepparent adoptions (Tenn. Code Ann. § 36-1-116).

What the court paperwork includes:

• A Petition for Adoption
• A sworn statement of financial responsibility
• Your spouse's consent to the adoption

Notifying 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. What counts as a diligent search is something to confirm with the clerk or an attorney.

Adult adoption: Tennessee permits adult adoption (Tenn. Code Ann. § 36-1-107).