The 5 Tennessee Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Tennessee adoption laws you need to know about when considering this for your family.

Top 5 Tennessee Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Tennessee?

Consent is required of a parent or putative father unless the parent has waived or had his parental rights terminated.

Tenn. Code Ann. §§ 36-1-110, 36-1-117 (2020)

Tennessee has a putative father registry and those who register will receive notice to adoption proceedings or termination of parental rights and will be a necessary party.

Tenn. Code Ann. § 36-2-110 (2020) 

Tenn. Dep’t of Children’s Servs., For Alleged or Putative Fathers 

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in a Tennessee adoption?

An expectant mother can receive money for medical expenses, legal services, counseling services, living expenses not to exceed ninety days before and forty days after the birth or surrender of the child.

Tenn. Code Ann. § 36-1-109(a)(B) (2020)

Separate Legal Representation

Will I be offered my own Tennessee adoption lawyer?

“If the person surrendering the child states a desire to have legal counseling prior to or during the execution of a surrender directly to the prospective adoptive parents, the prospective adoptive parents shall, if so requested by the surrendering person or persons, compensate the attorney for such counseling sought, which must be completed before the surrender can be executed”

Tenn. Code Ann. § 36-1-111(l)(2) (2020)

Open Adoption

How does Open Adoption work in Tennessee?

Open adoptions are not prohibited but are not enforceable in Tennessee.

Tenn. Code Ann. § 36-1-121(f) (2020)

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How does Consent to Adoption work in Tennessee?

How does the legal process for adoption work in Tennessee?

Consent may be made after the birth of the child in the presence of a judge.

Tenn. Code Ann. § 36-1-111(b-d) (2020)

How long will I have to change my mind about adoption in Tennessee?

Consent may be revoked within three days of giving consent and any time prior to the entry of an order of confirmation of the parental consent by the court.

Tenn. Code Ann. § 36-1-112(a) (2020)

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