Tennessee Adoption
Tennessee permits the following types of adoptions in addition to public adoptions:
| Adoption Type |
Yes/No |
| Private Agency |
Yes |
| Private Attorney |
No |
| Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
TCA sec 36-1-108; 37-5-507; 71-3-501-71-3-531
TCA sec. 37-5-507
TCA sec 36-1-108
Public
Public Adoptive Placement-Requirements:
- persons twenty-one (21) years of age or older (relatives eighteen (18) years of age or older may be considered to become a resource parent for a sibling or other blood relative)
-regardless of gender, race, color or national origin.
- married or single
- a legal resident of Tennessee for at least six (6) months
- a United States citizen. ( Applicants may also have Legal Permanent Resident Status that has been approved by the United States Citizenship and Immigration Service)
- -mutual selection process
- based on the applicant’s ability to meet specific approval requirements including interview process, home visits, Parents As Tender Healers training (PATH), home safety requirements,, physical, mental and emotional health requirements, and fire safety standards including diaster planning, income and financial stability,legal marital status, background and criminal records check including FBI/TBI fingerprint checks and specific Internet Records check, references and continuing education;
- ability to partner with and promote the Department’s Standards of Professional Practice.
TCA sec 36-1-108 (b)
Adoption Assistance
Adoption assistance payments begin:
- After the adoption is finalized
Sending State Adoption Subsidy Payments (Guidelines):
Special Needs
Tennessee definition of "Special Needs":
Special Needs Child: Caucasian child(ren), age nine (9) and above; African American child(ren), age three (3) and above; Child(ren) of mixed race, age three (3) and above; any race/any age sibling group of three or more children or any race/any age child(ren) who has (have) a severe physical, emotional or behavioral handicap(s) which would present a significant challenge to the adoptive placement.
Special Needs: DCS term relating to youth identified as needing continued services for behavioral/mental health issues, or youth diagnosed as being mentally retarded (IQ of 70 or below). See DCS policies 19.7, Transitioning DCS Youth into Adult Behavioral/Mental Health Services and 19.8 Transitioning Youth into the Division of Mental Retardation Services (DMRS) Adult Services for additional qualifications.
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Tennessee, child must be in adoptive placement:
f the child is related to the petitioners, the TN court may , in its discretion, waive the six-month waiting period, . . . or if the child has already resided in the home of the petitioners for six (6) months, the TN court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best intrest of the child, the TN court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (TCA sec 36-1-119 (a) - (e) )
Statutory code/cite for Adoption Petition:
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
