What if the biological parent lives in another state — can I still adopt in Tennessee?

Yes. A biological parent who lives in another state does not stop you from adopting in Tennessee. You file in Tennessee, in the Chancery or Circuit Court, and the other parent's address mainly affects how they are notified.

Where you file: Venue includes the county where you, the petitioner, live (Tenn. Code Ann. § 36-1-114). Tennessee has 95 counties, and the court clerk in your county can tell you how that county handles filings.

Residency: Tennessee has no minimum residency period in months for the adopting family (Tenn. Code Ann. § 36-1-115). Your own Tennessee residence is what matters, and the other parent's state does not change that.

Notifying a parent who lives elsewhere: Tennessee allows these methods:

• Personal service by a sheriff or process server.
• Service by publication, if you cannot locate the other parent after a diligent search.

Publication is for a parent whose whereabouts are truly unknown. It is not a shortcut for a parent you could find with reasonable effort. The Chancery or Circuit Court clerk can confirm how service on a parent in another state works in your county and what a "diligent search" should include.

Consent and abandonment: Whether the out-of-state parent will agree is a separate question from where they live.

• Tennessee's abandonment provision uses a period of 4 months (Tenn. Code Ann. § 36-1-113). Whether it applies depends on the facts of your situation, such as contact and support.
• If the other parent objects or contests, that is a fact-specific issue. Talk to an attorney about it, since distance alone doesn't decide the outcome.
• If your child is 14 or older, the child's own consent is part of the process (Tenn. Code Ann. § 36-1-117).

Other things to expect:

• Tennessee requires a Petition for Adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption.
• The home study is waived for stepparent adoptions (Tenn. Code Ann. § 36-1-116).
• Tennessee doesn't specify a minimum marriage length, though courts generally prefer to see a stable relationship.
• Stepparent adoptions typically take 3-6 months. Your clerk can tell you whether locating or serving a faraway parent is likely to change your local timing.
• Court filing fees run $150-$350, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney.