thinking about adoption in tennessee? speak with a knoxville adoption attorney.
Adoption can be an incredible gift for a child in Tennessee. Whether you would like to adopt a foster child, or adopt a child through an agency, you need to be aware of a lot of factors if you are considering adoption. This article will help you understand the basics of adoption law in Tennessee, and what you need to do to be an eligible adoptive parent. The law in Tennessee is very complex and intended to ensure that both the adoptive parents’ and child’s rights are protected. If you want to adopt, read on!
What are the adoption laws in Tennessee?
The adoption process in the State of Tennessee is purely from statute. This means that there is no common law adoption, no private contracts for adoption and that the only way to adopt a child in Tennessee is the way that the legislature of Tennessee has outlined in our laws.
The Tennessee Adoption Statute
This is meant to be a summary of the adoption process in Tennessee, which can be pretty complicated without help. Because the Tennessee Statute is available to the public, you can read the law here. Of course, when you are ready to adopt, you should contact a Knoxville adoption lawyer to guide you through the process.
What does "adoption" mean?
“Adoption” is the legal process of permanently transferring parental rights and responsibilities from birth parents to adopting parents.
The adoption process includes the termination of parental rights of the birth parents and the establishment of parental rights of the adopting parents.
When the adoption is finished (“finalized”), the law treats the child as if he or she was born to the adoptive parents.
Termination of Parental Rights
Before a child can become eligible for adoption, parental rights have to be terminated. There are strict definitions of parents whose rights must be terminated before adoption. However, in general, the following individuals must have their rights terminated:
Guardians;
Legal Parents;
Putative Fathers; and
Men who have been declared to be the father of the child by the adoption court.
In the United States, the rights of parents are protected fiercely. Courts have stated that “Parents have a fundamental right to the care, custody, and control of their children.”
Because of this protective attitude, the termination of a parent’s rights is critical and must be undertaken with care.
Stepparent Adoption Exception
The only exception to the termination prerequisite is for married stepparent adoptions. In these adoptions, the birth parent’s rights survive.
Who can adopt a child in Tennessee?
Age
Under Tennessee law, anyone over the age of 18 can be eligible to adopt. There are no restrictions based on race, sexuality, marital status, or religion.
Residency
Generally, to adopt, you also must live in or “maintain a regular abode” in Tennessee for six months before you file your petition to adopt. The exception to this rule is if you are adopting a relative, or if you are in active military service and maintained a residence for six months before you were stationed out-of-state.
Non-residents can also adopt children in Tennessee, but only if they received guardianship of a child in Tennessee.
Custody
Parents who wish to adopt must also have physical custody of the child or must demonstrate to the court that they have a right to receive physical custody of the child. “Physical custody” means physical possession and care of a child.
Marriage
Adoptive parents can be married, single, or divorced. However, if the person who plans to adopt has a legal spouse who is competent to join, the spouse must join the petition to adopt.
Can unmarried couples adopt?
Technically, no statute prohibits an unmarried cohabitating couple from adopting a child. Since the adoptive parents must have physical custody of the child, for this arrangement to work, the parents would have to both cohabitate and live with the child.
In addition, private adoption agencies have their own requirements for parents. Agencies may decide that being placed with a married couple is in the best interest of the child. Further, a birth parent may request that placement options be limited to single people or married couples.
One thing is clear, though – unmarried people who do not cohabitate with each other and the child cannot adopt the same child.
What are the different types of adoption in Tennessee?
There are four types of adoption in Tennessee:
Private adoptions;
Private agency adoptions;
State agency (DCS) adoptions; and
International adoptions.
Private Adoptions
Private adoptions are between the adoptive parents and the birth mother. Typically, the parents will need to locate a birth mother and navigate the process without the “built-in” structure of an adoption agency, so the process will require more self-initiative and less support.
An experienced attorney can help you understand these concepts and can also assist you in navigating any difficulties that might arise. Depending on how you locate your birth mother (for example, through a personal advertisement or online service), she may or may not have had legal counsel during her pregnancy and decision-making process. If she did not have legal counsel, she needs to discuss the potential consequences of giving up her parental rights with an attorney before signing any paperwork relinquishing those rights.
Finally, although the adoption is private, you will still need a home study to be completed by an agency, to ensure that you are emotionally and financially capable of providing a child with a safe and loving home.
Private Agency Adoptions
Private agency adoptions (also known as independent adoptions) are similar to private adoptions in terms of birth mothers and children. In this case, you would work with an adoption agency or non-profit organization that matches birth mothers with adoptive parents. They do offer the advantages of structure, resources, and processes. In comparison to a private adoption, there is usually less self-directed work when working with an agency.
Because of this, these adoptions are usually quite a bit more expensive. The agency will usually complete the adoption home study.
State Agency Adoptions
State agency adoptions are for children that have been taken into custody by the Department of Children’s Services. This type of adoption is very fulfilling, and common where families currently have a foster child they want to adopt. Of course, these are not limited to foster parents.
Unfortunately, children in DCS custody have been removed from their homes for a reason; typically abuse or neglect. Because of this, children adopted through the state may have trouble adapting to their new family, or present emotional challenges that adoptive families aren’t prepared for.
A major advantage to state adoptions is that they are usually inexpensive or free, and adoptive parents receive assistance from the state. Tax credits can also be more generous.
International Adoptions
International adoptions have grown in popularity but present their own, unique challenges. Specifically, it is likely more difficult to obtain information about the child and his or her family, the adoptions can get very expensive, and children adopted this way still have similar issues to those that are taken into state custody in Tennessee.
Stepparent Adoptions
Stepparent adoptions are worth mentioning, although they are more in line with private adoptions. As we talked about, stepparent adoptions are the only adoptions that allow the parental rights of a birth parent to survive the adoption. In these adoptions, the stepparent adopts their spouse’s child, one of the biological parents’ rights are terminated (if not terminated already), and the stepparent becomes the child’s legal parent.
What is an adoption home study?
The home study is an evaluation of an adoptive family’s life, which includes background checks, interviews, and home visits from a licensed social worker. In Tennessee, the home study includes:
One or more visits to the home;
Reference letters;
Health examinations;
Verification of marriage;
Interviews with family members residing in the home; and
Collection of important documents, to name a few.
The purpose of the home study is to ensure everyone’s rights are protected and to assess potential parents’ readiness and ability to adopt. This includes the ability to provide a child with a loving and safe home.
Home studies are required for Tennessee adoptions.
How long does it take to adopt a child in Tennessee?
This is entirely dependent on the case. Generally speaking, the Tennessee adoption process can take from a couple of weeks to a couple of years to complete. However, for state adoptions, DCS tries to finalize adoptions within 12 months.
How much does it cost to adopt a child in Tennessee?
Domestic adoptions cost anywhere from $0 for a state agency adoption, to almost $40,000 for some international adoptions. Generally, for a private agency adoption, you can expect to pay between $10-20,000.
What adoption services does your firm provide?
The Otten Law firm will help you on your journey to adopting a child. Whether you are a foster family working on a state agency adoption, a private adoption, or are involved in a contested adoption case, we can help. We can prepare your paperwork, give you advice, and help you navigate the complex process so you can focus on your family.
Speak with an adoption attorney in Knoxville.
If you are ready to adopt a child, we are ready to help. Every child deserves a loving family, and you deserve the best counsel on your journey to welcome your new child into your home.
If you are looking for an adoption lawyer in Knoxville, schedule a free consultation to discuss your adoption case today.
