Tennessee Adoptions Legal Questions

If DCS was involved with the placement, it's my understanding they will sometimes help with the adoption. That might be a place for you to start, especially if money is an issue as it is for almost all of us. If it's a private placement and DCS won't help, you would have to file a petition to terminate parental rights of both parents and for adoption. If birth parents will sign off, and especially if you are a blood relative, it can be fairly simple. If birth parents fight, it can be a pretty involved lawsuit. Sometimes people call termination of parental rights the death penalty of Family Court. Birthparents will probably be appointed lawyers and the child will get one. As you can imagine that's a lot of lawyers in a room, and when there are a lot of lawyers in a room things are slow and expensive. Also depending on your circumstances you could contact legal aid, they are called different things depending on your county but if you Google 'legal aid' you should be able to find them and see if they are in a position to help you. Otherwise hire an attorney in your county or nearby with experience in the contested termination of rights cases... Read More

The birth parents do not have to consent to the adoption but they must be given notice of the action, unless they are deceased. The law states, “When petitioner seeks to adopt a person who is eighteen years of age or older, only the sworn, written consent of the person sought to be adopted shall be required and no order of reference or any home studies need be issued."... Read More

If you were married, you could terminate the rights of the biological father and do a stepfather adoption without question. However, I have not found any cases that address a boyfriend adoption. However, there is a 2007 opinion from the Attorney General of Tennessee that states:  "Likewise, the joint adoption by two adults who are not a couple and are not cohabitating in the same home is also not contemplated by Tennessee adoption statutes. As noted above, the purpose of the adoption statutes is to place children in a safe, stable and permanent home. Tenn. Code Ann. § 36-1-101. This objective is not likely to be served by allowing the adoption of a child by two adults who are not a couple and not cohabitating. If the court grants a joint petition to adopt by applicants who do not share the same home, the court's next task would presumably be to decide with whom the child would live. That is, it would have to make a custody determination separate from the decree of adoption itself. The adoption statutes, however, do not contemplate custody determinations. Rather, the adoption statutes presume the adoption by two persons will result in the child being placed in a unified and stable household."   The AG opinion uses the term "couple" and doesn't say "spouses" so being married doesn't appear to be required. If you can prove that you are a "couple"  of long standing time period, can establish that the child will live in "unified and stable household", and that it is in the best interest of the child for the adoption, the judge might well approve it.  ... Read More

When you gave up your parental rights, you gave up your right to have a relationship with the child. The court will not force the child to have a relationship with you. If you want to reach out to the child's mother and ask her if you can have a relationship, that is up to her. However, the court will not force her to do that.... Read More

Before you can adopt, the father must agree to terminate his parental rights or at least be given the opportunity to object. If you can not find him or if he does not agree, there are procedures in place that you give him the opportunity to come into court to object and if he does not do so, then the adoption can go through. Feel free to call me and I will be glad to discuss this matter with you.... Read More

You did not say if the adoption took place in WI or NV. In whatever state that it took place, you might want to consult with an attorney in that state however my opinion is that your chances of getting the adoption reversed based on the factual situation that you described is zero.... Read More