Tennessee Adoption Laws: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you're placing a child for adoption, growing your family, or exploring your rights as an adoptee, Tennessee adoption law provides clearly defined processes and protections. When you understand your legal rights and options, you can move forward with confidence.
This guide will walk you through the most important aspects of Tennessee adoption law and how our agency can support you each step of the way.
Contact us today to speak with a Tennessee adoption specialist.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. In Tennessee, a birth parent has the legal right to choose adoption for their child. The decision must be voluntary and made in the best interest of the child. The court ensures that all adoption consents meet legal requirements.
When can I give my baby up for adoption?
Consent to adoption may not be signed until at least 72 hours after the birth. This waiting period allows time for physical recovery and reflection before any legal documents are signed.
See Tenn. Code § 36-1-111(a)(5)
Can I get my baby back after adoption?
In Tennessee, once consent is executed and confirmed by the court, it is generally irrevocable after 3 calendar days. After that, consent can only be revoked through a legal challenge based on fraud or duress.
Can you do adoption without the father's consent?
Yes, under specific conditions. If the father has not legally established paternity, failed to support the mother during pregnancy, or does not file a timely objection, his consent may not be required.
Do both birth parents have to sign adoption papers in Tennessee?
Generally, yes. However, if one parent’s rights have already been terminated or the parent cannot be located despite due diligence, the court may proceed without their consent.
Can I get paid for adoption?
You cannot be paid for placing a child, but adoptive families may cover reasonable, court-approved expenses such as prenatal care, counseling, legal fees, and transportation.
Can you choose who adopts your baby?
Yes. You can select the adoptive family through an agency or attorney, and many agencies offer matching services to help you find a family that aligns with your wishes.
Can people from a different state adopt my baby?
Yes. Interstate adoptions are allowed but must comply with the Interstate Compact on the Placement of Children (ICPC), which ensures legal oversight between states.
Can I give my baby up for adoption without any agency?
Yes. Independent adoptions are legal in Tennessee, but they still require legal representation, a home study, and court approval.
Can my spouse adopt my child?
Yes. Stepparent adoptions are allowed in Tennessee and usually require the termination or surrender of the other birth parent's rights, unless they are deceased or absent.
Can my family adopt my baby?
Yes. Tennessee law permits relative adoptions, and these are often expedited. The court still requires consent and may waive certain home study requirements.
Can you anonymously put a baby up for adoption?
Yes. Under Tennessee’s Safe Haven Law, you can anonymously surrender a newborn up to 14 days old at a hospital, fire department, EMS provider, or other designated facility.
Can I have contact with my child after the adoption?
Yes, if both parties agree. Open adoption arrangements can be made but are not legally enforceable unless they are included in the final adoption order.
How does tribal adoption work for Native American children?
Tennessee follows the Indian Child Welfare Act (ICWA). If the child is a member of or eligible for a federally recognized tribe, the tribe must be notified and placement preferences apply.
See 25 U.S.C. §§ 1901–1963 (ICWA)
Can I drop my baby off at a fire station?
Yes. Fire stations, hospitals, EMS stations, and similar facilities are approved under Tennessee’s Safe Haven Law for anonymous infant surrender, provided the baby is 14 days old or younger.
What rights do biological parents have after adoption?
Once an adoption is finalized, all legal parental rights are permanently terminated. If an open adoption agreement exists, any post-placement contact occurs voluntarily.
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in Tennessee?
No. Single adults, married couples, and same-sex couples are all eligible to adopt in Tennessee. However, unmarried couples may not jointly adopt — only one partner may legally petition unless they marry. The court assesses each prospective parent’s ability to provide a safe, stable home.
How old do you have to be to adopt a baby?
Tennessee does not specify a statutory minimum age for adoption in most cases. However, adoptive parents must be legal adults (typically age 18 or older), and home study evaluators may apply additional age-related considerations based on maturity and parenting capacity.
(No minimum age specified in statute; governed by agency policy and court discretion)
Do you need a home study for a private adoption in Tennessee?
Yes. All prospective adoptive parents must undergo a home study conducted by a licensed child-placing agency or social worker. The study evaluates your home, health, finances, background, and readiness to adopt.
Do you need a home study for an independent adoption?
Yes. Even if you are adopting independently — without an agency — a valid home study is still required under Tennessee law before finalization.
Can you adopt without an agency?
Yes. Private or independent adoptions are legal in Tennessee, but you must still follow all legal steps, including: legal counsel, a home study, consent collection, and a court-supervised finalization.
What are the steps to adopt?
To adopt in Tennessee, you will typically:
- Complete a licensed home study
- Locate and match with an expectant or placing birth mother
- Obtain signed consents from biological parents
- Submit an adoption petition to court
- Complete post-placement supervision
- Attend a final hearing for the decree of adoption
See Tenn. Code § 36-1-116 to § 36-1-120
Can you adopt a child from another state?
Yes. Tennessee is a participant in the Interstate Compact on the Placement of Children (ICPC). If the child is from another state, both states must approve the placement before the child is transferred.
Child Welfare Gateway – Tennessee ICPC Overview
Can we advertise for a birth mother?
No. Tennessee law prohibits private individuals from advertising for adoption. Only licensed child-placing agencies and attorneys may engage in such activity.
Can a birth father stop an adoption?
Yes — if the birth father has established legal paternity and objects in time. However, if he fails to support the child or file an objection with the court, his rights may be terminated.
What if the birth parents don't sign adoption papers?
The court may involuntarily terminate parental rights due to abandonment, unfitness, or failure to respond to legal notices. This is a separate court action that must meet strict legal standards.
When is an adoption finalized in Tennessee?
Finalization typically occurs after six months of post-placement supervision, though it can be shortened under certain circumstances. At the final hearing, the court reviews reports and enters a decree of adoption.
Can birth mothers change their mind?
Only within three days of signing the consent, unless otherwise stated by the court. After that point, consent becomes irrevocable unless obtained under fraud or duress.
Are adoptive parents on the birth certificate in Tennessee?
Yes. After adoption is finalized, a new birth certificate is issued listing the adoptive parents as the child’s legal parents. The original record is sealed.
What rights do adoptive parents have after adoption?
Adoptive parents hold full legal rights, identical to biological parents. This includes custody, inheritance, decision-making, and parental responsibilities.
Are open adoptions legally binding in Tennessee?
Not typically. While Tennessee allows parties to enter Post-Adoption Contact Agreements, they are not enforceable unless included in the final order and agreed upon by all parties.
Does ICWA apply to private adoptions in Tennessee?
Yes. The Indian Child Welfare Act (ICWA) applies to all adoptions involving a child who is a member or eligible for membership in a federally recognized tribe. It includes notice, placement preferences, and tribal jurisdiction.
See 25 U.S.C. §§ 1901–1963 (ICWA)
What support is available after adoption?
Tennessee adoptive families may receive:
- Post-adoption counseling
- Non-identifying medical history of the child
- Adoption subsidies for children with special needs
- Access to legal and clinical services through your agency
Most post-adoption resources are coordinated through your adoption professional or the Tennessee Department of Children’s Services.
For Adoptees
If you were adopted through our agency, we can support you by:
- Requesting access to non-identifying medical or social history
- Exploring reunification with a birth family (with mutual consent)
- Providing post-adoption counseling and emotional support
If your adoption was completed by another professional or agency, check out this page for more information on how to request adoption records or explore your rights under Tennessee law.
What’s Next?
Whether you are considering placing a child for adoption or building your family, understanding Tennessee adoption law helps you move forward with confidence. Every step in the process — from consent to finalization — is guided by laws designed to protect you and your child.
Contact an adoption specialist today to take your next step with personalized support.
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