Adding to your family through adoption in Tennessee can be one of the sweetest and most beautiful experiences in life, as well as a tremendous benefit to the child. Adoption brings needy children into the caring arms of loving and stable parents.
But Tennessee does have basic requirements for an adoption. While the adoption process is rewarding, anyone considering adoption in Tennessee must understand that the subsequent adoption journey involves navigating a complex legal landscape — often requiring potential parents to understand the criteria and steps to follow to ensure a seamless adoption process.
Tennessee’s adoption laws are tailored with the child’s best interests at the core, with the 2018 amendment providing more legal protection to the adopted children. At Durak Law, our Franklin adoption lawyers are here to guide you through the Tennessee adoption process — providing guidance, support, clarity, and confidence in your journey.
Type of Adoption in Tennessee
Tennessee has several types of adoptions available to families and individuals in Tennessee. Potential parents must consider which pathway serves their unique situation, and is in the best interest of the child.
- Private Adoption: This type of adoption involves an agreement between the birth parents and the adoptive parents, in the presence ofoften facilitated by an attorney. It’s a popular choice for families seeking to adopt an infant.
- Agency Adoption: Perhaps the most common type of adoption in Tennessee. Here, private licensed agencies coordinate adoptions. Typically, the child’s parents have surrendered their rights voluntarily and the private agency act as intermediaries between the birth mother, and prospective parents.
- Foster Care: Foster care is a temporary living arrangement for children who cannot safely remain with their biological families, providing them with care and stability until they can return home, be adopted, or find another permanent solution.
- Stepparent Adoption: A stepparent can legally adopt their spouse’s child, strengthening familial bonds and securing legal rights. Stepparent adoptions in Tennessee are typically possible if both parents of the child in question consent or if the other parent is dead, or is otherwise not in the child’s life.
- Relative Adoption: Family members — such as grandparents, aunts, or uncles — may adopt when a child’s parents are unable to care for their child.
- International Adoption: Bringing a child into your family from another country requires navigating both Tennessee law and international adoption regulations.
If you’re unsure which type of adoption best suits your unique situation, an experienced adoption lawyer can help you understand the best route for your family.
Meet Tennessee’s Adoption Eligibility Requirements
Tennessee adoption laws (Tennessee Code, Title 36, Chapter 1, Section 36-1-101, et seq.) allow couples and individuals who meet the following criteria to adopt:
- At least 18
- Legal residents of Tennessee
- Able to financially support the child
- Complete a comprehensive home study carried out by a licensed child-placing agency
Single individuals are eligible to adopt in Tennessee. For married couples, both spouses must sign the adoption petition. Tennessee places no restrictions on same-sex couples adopting children. However, two unmarried people cannot adopt and adoption agencies in the state are allowed to establish their own policies regarding same-sex adoptive families.
Step 1: File the Petition for Adoption
The adoption process begins with filing a petition in court. This document includes essential information:
- Identification of the adoptive parents and the child.
- Reasons for the adoption, demonstrating the best interests of the child.
- Documentation showing compliance with Tennessee’s adoption laws.
Step 2: Consent and Termination of Parental Rights
For an adoption to proceed, the parental rights of the biological parents must be terminated. This can be done in two ways: voluntarily or through court proceedings.
- Voluntary Termination: Birth parents consent to the adoption, often in private adoption cases.
- Involuntary Termination: The court removes parental rights due to circumstances such as neglect or abuse.
Step 3: Complete the Home Study
The home study process is an in-depth assessment of your suitability as a prospective parent. It typically involves interviews with family members to understand your motivations and readiness, a home inspection to ensure the child will live in a safe, welcoming environment and inspection of documentation, such as financial records and references.
Tips for a Successful Home Study:
- Prepare your home — ensure it’s clean, organized, and child-friendly.
- Be honest and transparent during interviews.
- Address any potential concerns proactively, such as home repairs or financial challenges.
A home study may feel daunting, but with guidance and preparation, you’ll demonstrate your ability to provide a stable and loving home.
Step 4: Await Court Review and Finalization
Once the home study and consent processes are complete, the court reviews your case. This includes evaluating the adoption’s compliance with Tennessee law and confirming it serves the child’s best interests.
During this phase, attend hearings where the judge may ask questions about your petition. Be prepared for potential delays as the court ensures every detail is in order. Celebrate the finalization hearing — this is when the adoption becomes legally binding. At the end of this process, you’ll receive the final adoption decree, solidifying your family’s new beginning.
Post-Adoption Considerations
Adoption doesn’t end with the court decree. There are several steps to ensure a seamless transition for your family:
- Update Legal Documents: Change the child’s birth certificate and Social Security records to reflect the adoption.
- Access Resources: Seek out support groups, counseling services, and community programs for adoptive families.
- Communicate Openly: Share the child’s adoption story in age-appropriate ways to foster understanding and trust.
At Durak Law, we remain available to support your family long after the legal process concludes.
Contact a Knowledgeable and Experienced Franklin Adoption Attorney About the Adoption Process in Tennessee
Each type of adoption involves specific laws and procedures that must be followed. An experienced family law attorney can guide you through these legal requirements, ensuring compliance and helping you avoid unnecessary delays in the adoption process.
At Durak Law, we are passionate about helping families create lasting bonds through adoption. If you’re considering adoption, our family law legal team is here to guide you through every step. Call (615) 812-2829 today to start your journey with trusted legal support. Together, we can turn your dream of adoption into a reality.
