Tennessee Adoption FAQs:

In Tennessee, anyone over 18 can be a prospective adoptive parent as long as they have been a resident of the state for at least six months. This includes United States Citizens, non-citizens, single people, married people, and gay or straight people!

You have to be at least 18 years old to adopt in Tennessee. In order to be a foster parent, you have to be at least 21 years old.

The answer to this question varies from case to case. Some adoptions can be finalized in six months, while others may take a year or more. The Department of Children's Services states that they "strive to finalize the adoption of a child, who is legally free for adoption, within 12 months." However, before a child is free for adoption, parental rights must be terminated, which can take a long time.

Yes! Once the adoption is finalized, the child is treated as if he or she was born to you and has all the accompanying rights and benefits.

Yes, generally foster/kinship families are given priority in adopting a child.

Yes, post-adoption contact agreements ("PACAs") are legally enforceable, unless they specifically state that they are a "moral" agreement. PACAs are agreements between adoptive parents and birth parents regarding the flow of information about a child and are extremely customizable. They can be as broad or narrow as the parties choose.

Yes, adopting an infant from DCS is possible, although it may not be likely. Generally, birth mothers don't surrender their newborns to DCS, but have adoption plans in place. If they do, the infants are usually placed into foster care, and the foster family or kinship family has priority for adoption.

Yes, absolutely! It's important to select an attorney you're comfortable with and who can help you navigate the adoption process.

Generally, no. Adoptions are meant to be permanent, so courts hesitate to restore parental rights after they have been terminated, even when a child expresses a desire to be reunited with their birth parents. So, while it is possible that a biological parent's rights may be reinstated, it's not likely.

Yes! You can adopt if you're single, married, or divorced. Just keep in mind that if you are married, both you and your spouse need to sign the adoption petition.

Yes! The law allows gay and lesbian people to adopt, and we are here to help make that happen. We understand that love knows no bounds, and everyone deserves to create a family. Although some private agencies may have restrictions, we will work with you to find the best route to adoption that suits your unique needs.

For most adoptions, a home study is required by Tennessee Law. However, for relative adoptions, the Court may waive the home study requirement. For adoptions, Tennessee defines "relative" as "grandparents or any degree of great-grandparents, aunts or uncles, or any degree of great-aunts or great-uncles, or step-parent, or cousins of the first degree, or first cousins once removed, or any siblings of the whole or half degree or any spouse of the above-listed relatives..."

If you're thinking about adopting in Tennessee but don't currently live in the state, there are some specific requirements you need to be aware of. Generally speaking, adoptive parents must either live in Tennessee or have a regular place of abode there at the time they file their adoption petition. However, there are some exceptions to this rule, such as for parents who have received an order of guardianship from a Tennessee court or are in the military and stationed outside of Tennessee. For the latter, they must have maintained a regular abode in the state before entering the military, or identified Tennessee as their state of legal residence.

The Foster Parent's Bill of Rights is a statutory list of rights that foster parents have in connection with their providing care to foster children. The list is lengthy, but it can be read here: Tenn. Code Ann. § 37-2-415.

Tennessee law is very specific about what expenses can be legally paid by adoptive families to birth parents. Those expenses include:

• reasonable charges or fees for hospital or medical services for the birth of the child;

• charges or fees for medical care and other reasonable birth-related expenses for the mother and child;

• reasonable counseling fees for the parents or prospective adoptive parents and child;

• reasonable legal services or the reasonable costs of legal proceedings related to the adoption of any child; or

• reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for up to ninety (90) days prior to or forty-five (45) days after the birth or surrender or parental consent to the adoption of the child.

Importantly, some of these expenses are required - for instance, if the birth mother wants counseling or an attorney for the proceedings, the adoptive family must pay for those.

Finally, do not pay any expenses to a birth parent without first contacting an attorney. Paying a birth parent for anything other than what is listed in the statute is a Class C felony, and can carry a sentence of 3-15 years in prison and a fine of up to $15,000.00.

Adoption assistance is a program that provides support to parents who adopt special needs children from foster care. Special needs children may have circumstances that make it challenging to find a home without assistance. These circumstances are specified by the Department of Children's Services in chapter 15.11 of their Administrative Policies and Procedures, which you can read here.

The assistance available includes reimbursement of one-time expenses related to the adoption process, TennCare/Medicaid benefits, and a monthly subsidy payment. 

If you adopt a foster child, the answer to this question is almost always "yes." If the child qualifies as a special needs child (very common), then the state will pay for attorney's fees.

Generally, the law does not restrict most individuals from adopting a child. However, some circumstances will prevent a person from adopting:

• An unmarried couple cannot adopt the same child;

• Dead people cannot adopt;

• One person in a marriage cannot adopt a child without the other spouse also adopting the child; and,

• Unrelated people without a home study.