LGBTQ+ Adoptions in Tennessee: What Prospective Parents Need to Know
For many LGBTQ+ individuals and couples, adoption is a meaningful way to grow their families. In Tennessee, LGBTQ+ adoption is legal, and possible regardless of sexual orientation, but understanding your rights and preparing for the legal process is essential. Whether you're a same-sex couple, a transgender parent, or a single LGBTQ+ adult hoping to adopt, this guide outlines what you need to know and how to navigate the process with confidence.
Is LGBTQ+ Adoption Legal in Tennessee?
Yes! Tennessee law does not prohibit LGBTQ+ individuals or couples from adopting. Single adults, married couples (including same-sex spouses), and in some cases stepparents or relatives, may adopt a child if the court determines the adoption is in the best interest of the child.
In fact, Tennessee law is pretty broad when stating who can adopt:
"Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed." T.C.A. § 36-1-115
That said, Tennessee has passed laws in recent years that allow licensed private adoption agencies to decline to place children with families that conflict with their religious or moral beliefs. While these laws do not prevent LGBTQ+ adoptions, some believe that the legislation is anti-LGBTQ, because they can make it harder to work with certain private agencies that have a religious or moral belief that conflicts with LGBTQ+ adoptions. For this reason, many LGBTQ+ parents choose to adopt through public agencies (through Tennessee's foster care system) or with the help of an attorney who can advocate on their behalf.
Types of LGBTQ+ Adoptions in Tennessee
LGBTQ+ families in Tennessee may pursue several types of adoption, including:
Stepparent Adoption: Common when one partner is the biological parent and the other seeks to adopt the child legally.
Agency or Private Placement Adoption: LGBTQ+ couples and individuals can work with agencies or birth parents directly, but should research whether the agency is inclusive.
Foster-to-Adopt: The Tennessee Department of Children’s Services allows LGBTQ+ individuals and couples to become foster parents and adopt through the public system.
Relative or Kinship Adoption: When an LGBTQ+ relative wants to provide a permanent home for a child already in their care.
Adult Adoptions: When an LGBTQ individual wishes to adopt an adult. LGBTQ+ adult adoptions were commonly used in America before gay marriage was legalized, in order for partners to gain inheritance rights from one another.
Legal Considerations for LGBTQ+ Parents
When adopting in Tennessee as an LGBTQ+ parent, it’s important to be aware of the following:
Marital Status Matters: For couples, if one spouse wants to adopt, the other spouse is required to join their petition and also adopt the child. Also, you won't be able to adopt your partner's child (stepparent adoption) unless you are married.
Name on the Birth Certificate: Both adoptive parents can be listed once the adoption is finalized, even in same-sex adoptions.
Parental Rights of Donors or Prior Partners: If a child was conceived via assisted reproduction, or if there is a prior co-parent, additional legal steps may be needed to terminate rights or establish parentage.
Working with Inclusive Professionals: Choosing an adoption attorney, agency, or social worker who understands LGBTQ+ family dynamics is crucial for a smooth process.
How an Adoption Attorney Can Help
Navigating the legal process as an LGBTQ+ parent can be overwhelming. A qualified adoption attorney can help by:
Ensuring all paperwork is filed properly and timely.
Representing your interests in court hearings.
Advising you on legal nuances, including how to protect your parental rights long-term.
Helping you avoid delays or obstacles related to discriminatory practices.
You Are Not Alone
Many LGBTQ+ families have successfully adopted in Tennessee, and yours can too. While the path may require careful planning and legal guidance, adoption remains a beautiful way to build a family.
At Otten Law, we believe that love makes a family. We are proud to serve LGBTQ+ parents across Tennessee with compassion, respect, and legal expertise. Whether you’re just starting the process or facing specific legal questions, we’re here to help.
If you’re considering adoption and want to know more about your rights and options as an LGBTQ+ parent in Tennessee, schedule a consultation or contact Otten Law today.
