A stepparent is the spouse of a child’s legal parent (either mom or dad).

Also, Tennessee law classifies stepparents as relatives of the child, meaning stepparent adoptions have certain benefits that make the process easier (see below).

Stepparent adoptions are special for multiple reasons. The biggest difference between stepparent adoptions and other adoptions is that stepparent adoptions are the only type of adoption in Tennessee that allows one of the legal parents to keep their parental rights.

In a stepparent adoption, the rights of the married parent are not terminated. In all other adoptions, both parents must have their rights terminated before an adoption can be finalized.

Different firms charge different amounts for stepparent adoptions. At Otten Law, we prefer to use a flat fee structure for our stepparent adoptions. For an agreed stepparent adoption, we charge $2,000 for the first child, which includes filing fees and birth certificate fees, and an additional $500 per additional child.

The short answer is “no.” Even if the biological father (or mother) does not consent to the adoption, you can file to terminate his or her rights.

Of course, the process is much quicker and easier if the unmarried parent consents to the adoption!

This is a tricky question. In general, yes, the biological father (or mother) will need to be given notice of the adoption for it to be proper. This is because parental rights are constitutionally protected, and great care is taken when terminating them.

However, there are some cases in which an adoption may proceed without giving the biological father notice. This will depend on the father’s status as a legal or putative father.

You can read our article about terminating fathers’ rights for more information!

Another benefit of stepparent adoptions is the speed in which they can be completed. If the unmarried parent consents to the adoption, it is possible to complete the adoption process within a month or two! (depending on how quickly the documents are signed and the availability of the Court to schedule a hearing).

For contested cases, the adoption process will take longer, sometimes 6-12 months, as the unmarried parent will need the opportunity to respond, complete discovery, and try the case.

The stepparent adoption process follows the same steps as a normal adoption. First, the rights of the unmarried parent must be terminated. In most stepparent adoptions, this is accomplished by agreement, when the unmarried parent consents to the adoption. If the unmarried parent consents, they will sign the adoption petition, and no further hearing on the termination is necessary.

Once the adoption petition is filed, the adoption attorney will schedule a hearing date with the Court to finalize the stepparent adoption. Once a date is selected, the adopting parents will testify in court about their desire for the adoption, and why it is in the best interests of the child. If the Court finds that the adoption is in the best interests of the child, the judge will grant the stepparent adoption, and it will be effective that day!

After the finalization hearing has been held, a certificate of adoption will be issued by the court clerk, and it will be sent to the Tennessee Department of Health, who will issue a new birth certificate that shows the adopting parent’s name. After the finalization hearing, the stepparent will be the child’s legal parent, and have all the rights of a parent that the child was born to.

If the unmarried parent contests the adoption, the court will have to terminate their rights before finalizing the adoption. This will include a trial during which the parties will present proof as to why the rights should or should not be terminated, and the judge will make a ruling. If the rights are terminated, the adoption will proceed.

In most cases, no! Because a stepparent adoption is considered to be a relative adoption in Tennessee, the adopting parent can request that the Court waive the requirement for a home study.

The Court is not required to waive the homestudy, but will do so in most cases.

Much like a home study, there is generally no waiting period for stepparent adoptions. This is another process that the court may waive, but may choose not to. The waiting period will be waived in most cases, but if not, there is a six-month waiting period.

No. Once the rights of the unmarried parent have been terminated, the responsibility to pay child support is also terminated. Keep in mind, though, that a stepparent adoption will not get rid of any arrearages, so any back-support owed at the time of the stepparent adoption will still be owed.

You can, but the only legal benefit is the name change. You will still need to petition the court for a name change. However, your spouse will not gain any parental rights, and your child may miss out on important legal rights as well! For instance, without an adoption, your child will not be eligible to inherit from your spouse if he or she dies without a will that names your child as a beneficiary.

For those reasons, we almost always recommend a stepparent adoption over a name change (which, by the way, you can do via the adoption anyways).