What if the biological parent lives in Tennessee but I live in another state?

If you live outside Tennessee, a Tennessee Chancery or Circuit Court petition is generally not your route, because Tennessee asks petitioners to live in the state when they file. The other parent's Tennessee address doesn't change that, since the requirement looks at where you, the petitioner, live.

What Tennessee requires of the petitioner: Under Tenn. Code Ann. § 36-1-115, petitioners must live and maintain their regular place of abode in Tennessee when the adoption petition is filed. The statute includes a military exception. Tennessee sets no minimum number of months you must have lived in the state. What matters is that you live there at the time of filing. Because the question involves two states, ask the clerk of the court in your home county, or an attorney, which court is the right one for your family's facts.

If you and the child live in Tennessee:

• You file in the Chancery or Circuit Court. Tennessee has 95 counties, and your county's clerk can tell you local filing details.
• Tennessee allows personal service on the other parent by a sheriff or process server.
• If you cannot locate the other parent after a diligent search, Tennessee allows service by publication.
• Court filing fees typically fall between $150 and $350.
• Stepparent adoptions in Tennessee typically take 3-6 months.

If the other parent lives in Tennessee and you live elsewhere:

• The court where you file will have its own rules on service, consent and timing. Its clerk can confirm how a parent in another state is notified and how that parent's consent is handled.
• A cooperative parent can often make things simpler, but how a signed consent is handled depends on the court that hears your case, so check with that clerk first.
• If the parent will not consent, or cannot be found, the situation depends on specific facts. An attorney can advise you on that issue.

Why the other parent's location matters less than yours: The other parent can be notified wherever they live. The biggest question is where you and the child live and which court has authority to hear your petition. Sorting that out first can save you from filing in the wrong place.

Helpful to know: