Tennessee's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Tennessee

Statute: §§ 37-1-409; 37-1-612

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Researchers

• Treatment Providers

Persons without access to records

• Agencies From Other States

• Reporters of Abuse

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Subject of Reports

• Public/Any Person

Other Probation or parole officers Child Advocacy Centers

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed three days after the birth of the child.

Pre-consents are allowed in the state of Tennessee.

Revocation Time Frame in Tennessee

The consent may be revoked up to 10 days following the court hearing.

Parties to an Adoption

Tennessee

Any person over age 18 who has been a resident for at least 6 months may adopt, with the following stipulations:

• Spouses must petition jointly.

• Foster parents are given first preference on adopting their foster child.

Any person

• A parent

• The department

• A licensed child-placing agency

• A licensed clinical social worker

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

Tennessee

1. • Reasonable charges or fees for hospital or medical services for the birth of the child
2. • Medical care or other reasonable birth-related expenses for the mother or child
3. • Reasonable counseling fees
4. • Reasonable legal fees
5. • Reasonable and actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period of time

Birth Parent Expenses Not Allowed Statute: § 36-1-109(a)(B)(1) 

Payment of living expenses is not permitted beyond a reasonable period, not to exceed 90 days prior to the birth of the child or 30 days after the child's birth or surrender for adoption, without court approval.

Allowable Payments for Arranging Adoption Statute: §§ 36-1-108(a), (b); 37-5-507

1. • No person or entity, except the department, a licensed child-placing agency, or a licensed clinical social worker, may receive payment for the placement of children for adoption, as in the selection of prospective adoptive families or arranging the bringing together of children and families.
2. • Private individuals are forbidden to engage in placing children for adoption.

Allowable Payments for Relinquishing Child Statute: § 36-1-109(a)(2)

 It is unlawful for any person to sell or surrender a child to another person for anything of value.

Allowable Fees Charged by Department/Agency Statute: § 36-1-108(d)(2)

1. • A licensed child-placing agency is permitted to charge reasonable fees for home studies, court reports, and other adoption-related services.
2. • The department shall maintain an informational database of fees charged by licensed agencies for home studies, placement services, counseling, and legal fees.
3. • The information is available to a prospective adoptive parent upon written request.

Accounting of Expenses Required by Court Statute: § 36-1-116(b)(16)

1. • The petition for adoption must disclose whether the petitioners have paid or promised to pay any remuneration in connection with the birth, placement, or adoption of the child.
2. • The disclosure must specifically include any attorney's fees, medical expenses, or agency fees that have been paid or been promised.

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

Tennessee

1. • Child placement agency
2. • Social worker
3. • Department of Children Services, for indigent petitioners

1. • Date and time of birth
2. • Physical characteristics at birth
3. • Determination of Tribal membership
4. • Value of any property owned or there is an interest

1. • Nationality, ethnic background, and religious preference
2. • Educational level
3. • Occupation; talents or hobbies
4. • General physical description
5. • Existence of other children
6. • Health history
7. • Psychological or psychiatric information

1. • Fitness to have care and custody of the child
2. • Financial ability
3. • Stability of home

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.