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Tennessee Adoption Statute Summary
Tennessee Code Annotated Sections 36-1-102 to 36-1-206 (1997)
Who Can Adopt?
Any person over 18 years of age and who has lived in the State for at least 1 year can adopt. A husband and wife must adopt jointly, except in the case of stepparent adoption, where the spouse who is the natural parent does not need to join in the adoption. Foster parents who have had care of the child for at least 1 year and are otherwise qualified shall be given preference.
Who Can Be Adopted?
Any person can be adopted.
Consent to Adoption
The following parties must give their written consent to the adoption:
1. the parents, even if minors, or the guardian of an incompetent parent;
2. the adoptee, if 14 years of age or older.
3. If any parent's whereabouts are unknown, the court must make a diligent inquiry to ascertain their address. If after making such an inquiry the court is still unable to find the parent, then the parent can be notified of the adoption through publication of the notice.
4. In a stepparent adoption, consent by the spouse who is the natural parent is necessary.
5. If the child was born out of wedlock and has not been legitimated, then the written consent of the mother is sufficient. However, the father shall be provided with written notice in the following situations:
* if he has been determined to be the father by a court,
* if he has filed a notice of intent to claim paternity with the putative father registry,
* if he is recorded on the birth certificate as the adoptee's father,
* if he is living with the child and says he is the father,
* if he is identified by the mother to be the father, or
* if he entered into a foster care plan acknowledging paternity.
6. If the adoptee is 18 years of age or older, only his consent is required, unless he is determined to be incompetent.
Consent is not required of a parent who
1. has abandoned the child;
2. has had his or her parental rights terminated; or
3. has given up the child for adoption.
Consent to adoption can occur any time after the birth of the child, but in no event shall it occur prior to the child's birth. No consent can be revoked after the final adoption order has been entered. If a petition for adoption has not yet been filed a biological parent has 15 days to revoke his or her consent.
Putative Father's Registry
The Department of Human Services shall establish a putative father registry. Those persons contained on the registry shall be given notice by the petitioners of proceedings for the adoption of a child or for the termination of parental rights involving a child.
Confidentiality
All records of the adoption shall be placed under seal and opened only upon a court order. A new birth certificate is issued upon adoption and the original birth certificate is then placed under seal with the other adoption papers and shall not be released for inspection except upon a court order.
Upon request of the adoptive parents or the adoptee, who is 18 years of age or older, nonidentifying information may be released about the adoptee and the adoptee's biological family. If the adoptee, who is 21 years of age or older, requests identifying information about the biological parents, then the Department of Human Services shall locate the parents and find out if they consent to such release. If they do not consent, then no information will be released. If the biological parents cannot be located, the office of Vital Records may release the original birth certificate.
If one sibling 18 years or older has been adopted and either that sibling or another sibling 18 years or older has requested information or expressed a desire to be reunited with the other sibling, then if the other sibling has previously given or currently upon request gives a release to the Department, the Department will release identifying information.
Permissible Fees
The adoptive parents shall present to the court any money paid or received in connection with the birth or adoption of the adoptee. This disclosure shall include attorney fees, medical expenses, and the specific amount, specific purposes, and to whom the money was paid.
It is illegal for any person, corporation, or agency, other than a licensed child-placing agency to:
1. Charge or receive from an adoptive parent any compensation or thing of value for rendering any service in connection with placement of a child for adoption. This shall not include reasonable fees for hospital or medical services;
2. Sell, or give up a child to another person for money or anything of value, and it is illegal for any person to receive a child for such a payment;
3. Sell or offer to sell the rights and duties of a parent; or
4. To assist in any of the above three acts.
Place of Adoption Hearing
The adoption hearing may take place in the county where the adoptive parents or the adoptee lives, where the adoptee lived when the adoptee was placed in State custody, or where the child-placing agency that has custody is located.
Authority To Place Child
The Department of Human Services or any agency operating under a license to place children for adoption issued by the State Department of Human Services may place a child. If the agency is in another State, it must be licensed to place children in that State. However, a person may act as an agent in making arrangements so long as no fees are charged. Private individuals, including doctors, lawyers, and unlicensed agencies may not place a child.
Relative Adoption
In the case of relative and stepparent adoptions, the 1-year residency requirement does not apply, as long as the relative lives in the State at the time they are filing to adopt. Also, the court may waive the probationary period and grant a final order of adoption when the child is related to the adoptive parent, or is a stepchild.
