TENNESSEE

 Any person over 18 years of age and who has lived in the State for at least 1year can adopt. A husband and wife must adopt jointly, except in the case ofstepparent adoption, where the spouse who is the natural parent does not needto join in the adoption. Foster parents who have had care of the child for atleast 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 diligentinquiry to ascertain their address. If after making such an inquiry the courtis still unable to find the parent, then the parent can be notified of theadoption through publication of the notice.

 (4) In a stepparent adoption, consent by the spouse who is the natural parentis necessary.

 (5) If the child was born out of wedlock and has not been legitimated, thenthe written consent of the mother is sufficient. However, the father shall beprovided 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 putativefather 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 noevent shall it occur prior to the child's birth. No consent can be revokedafter the final adoption order has been entered. If a petition for adoptionhas not yet been filed a biological parent has 15 days to revoke his or herconsent.

Putative Father's Registry (effective January 1, 1996)

 The Department of Human Services shall establish a putative father registry.Those persons contained on the registry shall be given notice by thepetitioners of proceedings for the adoption of a child or for the terminationof parental rights involving a child.

Confidentiality

 All records of the adoption shall be placed under seal and opened only upon acourt order. A new birth certificate is issued upon adoption and the originalbirth certificate is then placed under seal with the other adoption papers andshall 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 orolder, nonidentifying information may be released about the adoptee and theadoptee's biological family. If the adoptee, who is 21 years of age or older,requests identifying information about the biological parents, then theDepartment of Human Services shall locate the parents and find out if theyconsent to such release. If they do not consent, then no information will bereleased. If the biological parents cannot be located, the office of VitalRecords may release the original birth certificate.

 If one sibling 18 years or older has been adopted and either that sibling oranother sibling 18 years or older has requested information or expressed adesire to be reunited with the other sibling, then if the other sibling haspreviously 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 inconnection with the birth or adoption of the adoptee. This disclosure shallinclude attorney fees, medical expenses, and the specific amount, specificpurposes, and to whom the money was paid.

 It is illegal for any person, corporation, or agency, other than a licensedchild-placing agency to:

 (1) Charge or receive from an adoptive parent any compensation or thing ofvalue for rendering any service in connection with placement of a child foradoption. This shall not include reasonable fees for hospital or medicalservices.

 (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 parentsor the adoptee lives, where the adoptee lived when the adoptee was placed inState 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 toplace children for adoption issued by the State Department of Human Servicesmay place a child. If the agency is in another State, it must be licensed toplace children in that State. However, a person may act as an agent in makingarrangements so long as no fees are charged. Private individuals, includingdoctors, lawyers, and unlicensed agencies may not place a child (see 71-3-516).

Relative Adoption

 In the case of relative and stepparent adoptions, the 1-year residencyrequirement does not apply, as long as the relative lives in the State at thetime they are filing to adopt. Also, the court may waive the probationaryperiod and grant a final order of adoption when the child is related to theadoptive parent, or is a stepchild.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Tennessee Bar Association
3622 West End Avenue
Nashville, TN 37205
(615) 383-7421

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