Adoption Law in Tennessee: Step‑by‑Step Guide for Single Parents
But how does adoption work for single parents? This guide walks you through the key steps of Tennessee’s adoption process for single parents and explains how working with a Tennessee family law attorney can help you navigate the legal process.
Can single parents adopt children in Tennessee?
Yes, to become an adoptive parent in Tennessee, you can be single, married or divorced (TN Code § 36-1-107 (2024)). You may or may not have other children, may own your home or rent, and can work full-time. Further legal criteria include the following:
- Must be at least 18 years old, although many agencies and DCS policies prefer 21.
- Must meet Tennessee residency and jurisdiction requirements under state adoption law.
- Must be able to meet the financial and emotional needs of your own family.
To proceed, a single parent must complete a formal home study through a licensed child-placing agency before placement or finalization.
Adoption in Tennessee can be confusing. Consulting an attorney who provides legal assistance to single parents seeking to adopt may make the legal process easier.
How does the adoption law work in Tennessee: A step-by-step Tennessee adoption guide for single parents
Step 01: Choose the type of adoption you wish to pursue
A single parent must choose the type of adoption they wish to pursue before they can move forward with the process. The main types of adoption in Tennessee are as follows:
- Adoption of a child that you are related to, that is your next of kin, or that you are the stepparent of.
- Private adoption, which is often coordinated through an agency that specializes in adoptions.
- Adoption of a child through the state or foster care system.
Although these types of adoption share the same general legal requirements, certain steps in the process may differ depending on the type of adoption involved. An attorney can help you understand how those differences may apply to your situation.
Step 02: Complete the required home study
Before you can file a petition to adopt a child, you may need to complete the required home study. This home study will, in most cases, consist of the following:
- Interviews with you, your family members, and other individuals.
- An inspection of your home.
- A criminal background check.
- A review of your finances.
- A review of your health.
The goal of this home study is to ensure that a child is placed in a home that can meet their needs. To do this, the state often considers the factors outlined above.
Step 03: Match with a child
If you are working with an agency, this agency may need to match you with a child before you can file a formal petition to adopt. If you are adopting a relative or a child you already know, you will not need to complete a child match.
Step 04: File a formal petition to adopt
To adopt a child, you must file a formal petition to adopt. This formal petition outlines the facts underlying your adoption, including the identity of the child you wish to adopt. An adoption petition is filed with the court by the prospective adoptive parent or their attorney. An agency can assist, but it typically can’t file legal pleadings on your behalf.
Step 05: Go through the post-placement observation period
Soon after you have been matched with a child, this child will likely become a part of your adoption case. But they won’t be “your child” just yet: there is, in many instances, a post-placement observation period.
During this post-placement observation period, your ability to care for the child will be assessed. In turn, the child’s well-being will be assessed. Some of the ways this can occur are as follows:
- Regular social worker visits.
- An assessment of the child’s health.
- Receiving goals to work towards.
Tennessee law generally requires the child to be in the prospective parent’s custody for six months before finalization, though courts may shorten or waive this period in certain cases, such as stepparent or relative adoptions. In some cases, the court may reduce the time period to three months or, in rare cases when a relative is involved, waive it where the statute allows.
If you adopt a child through an agency, the agency can handle some of the complexities associated with this observation period. And, if any issues arise, an attorney may be able to help you address these issues.
Step 06: Finalize the adoption
The final step is to finalize the adoption, which typically involves attending a court hearing where you are legally recognized as the child’s parent. Reaching the point of finalization often requires careful attention to legal requirements. You must meet the criteria outlined earlier and, in many cases, complete each of the steps described above.
What are some useful tips for the Tennessee adoption process?
If you are a single parent who would like to adopt a child in Tennessee, the following tips may help you navigate the adoption process:
- The adoption process can be confusing, stressful, and complicated. Working with an attorney who offers family law services can make it easier.
- Make sure to prepare your home before the home study begins. This typically involves cleaning your home and making it child-friendly, among other steps.
- Listen to the people conducting the post-placement observation period. If they make suggestions for improvement, it is best to honor them. Not doing so could make adoption more difficult.
Contact a Tennessee family law attorney
If you would like to adopt a child in Tennessee, working with an attorney can streamline the process. The Law Offices of Adrian H. Altshuler & Associates can help. Contact us today to speak with a Tennessee family law attorney. We are here to help.