Tennessee Code states that any person over the age of 18 years may file an adoption petition.
There are several requirements:
Residency: The petitioner(s) must have resided in Tennessee for six consecutive months immediately preceding the filing of an adoption petition (unless the petitioner is in the military or related to the child). If the petitioner is "related" to the child, the petitioner must only be an actual resident of the state of Tennessee at the time the petition is filed. If the petitioner is in the military stationed outside Tennessee, but lived in Tennessee for six months immediately preceeding leaving the state for military service, the residency requirement is satisfied.
Marital Status: A single person may file a petition for adoption. If the petitioner is married, the spouse must join the petition. A step-parent may petition for adoption of their step-child without terminating the rights of their spouse who is one of the child's biological parents. However, the "absent" parent's rights must be termiated before the adoption can take place. Termiation of parental rights is usually requested concurrently with the petition for adoption.
Gays and lesbians are not per se prohibited from adopting in Tennessee. The process would be just like a single parent adoption. However, gays and lesbians are not permited to jointly adopt a child in Tennessee. This is also true of a situation where one of the biological parents is in a gay or lesbian relationship and would like his or her partner to adopt their child. This type of adoption, often referred to as a "second parent" adoption, is prohibited in Tennessee, at least for so long as same sex marriage is not recognized in Tennessee.
Physical Custody: A petitioner must have physical custody of the child they are seeking to adopt OR at the time the petition for adotion is filed with the court, a petitioner must demonstrate that they have a right to receive physical custody of the child they are seeking to adopt.
Comments