Adoption is one of the few areas of law that actually ends with a celebration, and a new, permanent family. But adoption law also comes with a lot of rules: who’s allowed to adopt, how a birth parent has to give consent, what you’re allowed to pay for, and how a birth parent’s rights get protected along the way. Get one of these pieces wrong, and it can slow things down or even put the whole adoption at risk.
This guide breaks down adoption law in plain terms, first the big-picture concepts, then exactly how it works here in Tennessee: who’s eligible, how consent works, what you can and can’t pay for, the rules around advertising, and birth parent rights. It’s part of our bigger guide to family law in Tennessee, so if you want the full picture of how adoption fits in with everything else, check that out too.
Thinking about adoption in Tennessee? Call us at (931)245-5060 and we’ll walk you through it.
In simple terms, adoption law is the set of rules for how you legally become the parent of a child, when they weren’t born to you (or, in a stepparent’s case, when you’re marrying into the family). It does two things at once: it legally ends the parental rights of the child’s current parent or parents, and it creates a brand-new, permanent legal parent-child relationship, with all the same rights as if you’d given birth to them.
Here in the U.S., adoption is mostly handled by state law, which is why the rules can look pretty different depending on where you live. There are a few federal laws that step in for specific situations: the Indian Child Welfare Act (ICWA) applies to children who are or could be members of a Native American tribe, the Interstate Compact on the Placement of Children (ICPC) kicks in when the child and adoptive family live in different states, and the Hague Adoption Convention covers certain adoptions from other countries. Outside of those, Tennessee’s rules are in Title 36 of the Tennessee Code Annotated.
The person trying to adopt.
When a birth parent formally, voluntarily gives up their parental rights, which under Tennessee law must happen after the child is born and be signed in front of a judge or authorized official.
An attorney the court appoints to represent the child’s best interests, separate from what either the birth parents or adoptive parents want.
An attorney the court appoints to represent the child’s best interests, separate from what either the birth parents or adoptive parents want.
The court order that makes it all official.
Adoption law touches a handful of different pieces, and they all have to line up before a judge will sign off.
A licensed agency helps match a child with an adoptive family and handles some of the process.
Birth parents and adoptive parents work things out directly, usually with an attorney’s help on both sides.
You’re adopting your spouse’s child, making your role as a parent legally official.
In same-sex relationships, it’s best and safest to do a second parent adoption.
A family member, like a grandparent or aunt/uncle, formally adopts a child they’re already raising.
You adopt a child who’s currently in the state’s custody through the foster care system.
One adult legally adopts another adult, often to make an existing parent-child-like relationship official.
Before anyone can adopt a child, the current parent’s rights have to be legally ended, either because they voluntarily agree to it, or because a court decides to end them based on things like abandonment or not supporting the child. Courts don’t take this lightly, since it’s permanent and cannot ever be undone.
Most adoptions that aren’t between relatives require a home study. This is basically a social worker coming in to check out your home, your background, and whether you’re ready for this. It usually includes a criminal background check and a check against the state’s child abuse registry. All of that gets written up and handed to the judge along with your adoption paperwork.
Every adoption in Tennessee has to get a judge’s approval, usually in Chancery, Circuit, or Juvenile Court depending on your county and the type of case. Courts often bring in a guardian ad litem. This is an attorney whose only job is to represent what’s best for the child, separate from what the birth parents or adoptive parents want.
If you’re adopting a child from another state, both states have to sign off first under the Interstate Compact on the Placement of Children, which adds some time to the process but exists to protect the child. Adopting from another country brings in extra steps under the Hague Adoption Convention (for countries that participate) or other immigration rules for countries that don’t.
The child can get a new birth certificate with the adoptive parents’ names on it instead of the birth parents.
The original birth certificate and adoption records generally get sealed, though there are ways to access them later in some situations.
Sometimes, if everyone agreed to it, there’s a plan in place for some ongoing contact with birth family.
Stepparent, relative, private, agency, or foster care — this decision affects everything else that follows.
Most non-relative adoptions require this.
You’ll submit this to the right Tennessee court, along with your home study and other paperwork.
The current legal parent(s) either sign off voluntarily or have their rights ended by the court.
ICPC approval for out-of-state adoptions, extra steps for international ones.
Tennessee usually requires some time with the child in your home before the judge will finalize things, so a caseworker can confirm everything’s going well. This can be shortened or skipped for relative and stepparent adoptions.
If everything checks out, the judge signs the Final Decree of Adoption, and it’s official.
Once it’s final, you can request a new birth certificate listing you as the legal parent.
Here’s what Tennessee generally looks at when deciding if you’re eligible to adopt.
You generally need to be at least 18 years old.
You don’t have to be married, single people can adopt just as much as couples can. If you are married, though, both you and your spouse have to adopt together.
You don’t have to live in Tennessee to file here, though where you file usually depends on where you or the child live. You can also file in Tennessee if you were granted guardianship of the child here, or other specific factors apply.
In a non-relative adoption, a social worker will look at your background, your home, your finances, and whether you seem ready to raise a child.
Certain criminal records, especially anything involving crimes against children, can disqualify you from adopting.
Consent can feel like the most confusing part of adoption, so here’s how it actually plays out.
01 ·
Timing
A birth parent can’t legally sign away their rights before the baby is born. Tennessee requires the consent (called a “surrender”) to happen after birth.
02 · Signing
It’s not just a signature on a form. Tennessee requires it to be signed in front of a judge or another authorized official, to make sure the birth parent understands what they’re doing and isn’t being pressured.
03 · Finality
A birth parent usually can’t change their mind after signing, except in a few very specific, narrow situations spelled out by law.
04 · Exceptions
If a parent’s rights have already been legally ended, or if a court finds they’ve abandoned the child or failed to support them, the adoption can move forward without their consent — though whoever’s asking the court to skip that consent still has to prove it.
05 · Minors
If the person giving consent is a minor themselves, the court will typically appoint them their own guardian ad litem to make sure their interests are protected too.
To keep everything above board, Tennessee law requires a full, itemized list of every payment made during the adoption to be handed over to the judge before the adoption can be finalized.
You can’t just put up an ad saying you’re looking to adopt, or looking to place a child for adoption, without following Tennessee’s rules on this. Generally, only licensed adoption agencies, attorneys handling adoptions, and prospective parents working within specific legal limits are allowed to advertise.
The point of these rules is to stop shady, unofficial matching from happening outside the legal process, which protects both children and birth parents. If you’re thinking about advertising to find a match, it’s worth checking that your approach is actually allowed before you post anything.
A birth father’s rights really come down to what steps he’s taken. Tennessee has a putative father registry, where a man who thinks he might have fathered a child can register that fact, protecting his right to be notified if an adoption case comes up later.
If he’s registered or involved
If he’s registered, or if he’s known and has already been involved or supporting the child, he generally has the right to be told about the adoption and, depending on the situation, to fight it.
If he’s not registered or involved
If he never registers and hasn’t been involved or provided support, a court can decide his consent isn’t needed, and the adoption can move forward without him.
This balance exists because the law is trying to protect a father’s real relationship with his child while also making sure children aren’t left in limbo waiting on someone who was never involved in the first place. The specific facts and timing matter a lot here.
Adoption often comes up alongside other family law issues, depending on your situation.
Adoption is exciting, but it’s also unforgiving of mistakes. A missed step in consent or notice can genuinely put the whole thing at risk. At Dahl Family Law, we help Tennessee families through every kind of adoption — stepparent, relative, private placement, and beyond — and make sure the tricky parts get handled right the first time.
Experience with every type of adoption — stepparent, relative, private placement, adult, and beyond.
Careful attention to consent, notice, and paperwork, so nothing slows down or jeopardizes your case.
A clear, upfront explanation of what you can and can’t pay for, so you stay on the right side of Tennessee’s expense rules.
A steady hand through what’s usually one of the most emotional processes a family goes through.
They're mostly found in Title 36 of the Tennessee Code Annotated. In plain terms, they cover who can adopt, how a birth parent legally gives consent, when a court can end a parent's rights without their consent, what expenses you're allowed to pay, rules around advertising, and birth father rights, including that putative father registry. Most non-relative adoptions also need a home study and a waiting period before the judge will finalize things.
It really depends on the type. Stepparent and relative adoptions can sometimes wrap up in just a few months, since they often skip the full home study and waiting period. Private and agency adoptions usually take longer, often somewhere between six months and a year or more, once you factor in matching, the home study, the waiting period, and however busy the court is. It also depends on whether the adoption involves a contested termination of parental rights or not.
It varies a lot. Stepparent and relative adoptions tend to be the least costly, mostly just attorney and court fees. Private infant adoptions usually cost more, since you might be covering agency fees, home study fees, legal fees, and the birth mother's allowed expenses. Because it really depends on your situation, it's best to get an actual quote from an attorney or agency.
If you are in a same-sex marriage, your spouse is presumed to be the legal parent, but a presumption is not a guarantee. It is currently best and safest to perform a second parent adoption, which is a straightforward process, to secure both parents’ legal parental rights.
It's not required for every situation, but adoption has a lot of strict rules around consent, notice, and paperwork; and mistakes can seriously delay things or even put the adoption at risk. Most adoptions in Tennessee, outside of certain agency-run placements, get handled with an attorney's help.
Adoption is one of the best things a family can go through, and it deserves someone in your corner who knows how to get every step right.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Adoption cases are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee family law attorney regarding your specific circumstances.
