Adoption In Tennessee: A Step-By-Step Guide For Prospective Parents

In this article, you will discover:

• The legal requirements for adoption in Tennessee.
• The difference between agency and private adoption.
• How long the adoption process will take and factors will impact this timeline.

What Are The Legal Requirements For Adoption In Tennessee?

To adopt in Tennessee, you have to be 18 years old, and you have to be a resident of Tennessee for at least six consecutive months. Where there are exceptions to that rule, these are the basic requirements.

There are other requirements for adoption from the state or an adoption agency. Ultimately, every prospective adoptive home is subject to a home study. If you’re adopting from foster care, you must be a Tennessee resident at least 21 years of age and complete a Parents as Tender Healers (PATH) training program. It also helps to have been the child’s foster parent prior to adoption.

Adoptive parents in Tennessee can be married, single or divorced. However, if you are married, both parties have to jointly adopt unless one of the spouses in that relationship has been found incompetent by a court.

There is also stepparent adoption in Tennessee, where a biological parent can be judged unfit, pass away or sign over their rights. In that case, the biological parent has to sign the petition to adopt as a co-petitioner.

What Issues Can Make Adoption More Difficult?

Potential issues can arise for people in the adoption process. While no rule prevents you from adopting if you’ve had a prior criminal history, an adoption agency will determine if you are eligible by looking at certain factors. They’ll consider your conviction, how long ago it was, and any other relevant factors were found in your record.

Fundamentally, you need to be mentally and physically healthy enough to take on the responsibility of the child. You also need to be financially stable enough to provide for the child according to their needs and overall well-being.

If you’re going through an agency, you must be financially prepared for the adoption process, as it can be quite costly. In some cases, people rush to adopt a child to fill a void caused by losing a biological child or the inability to have children. Be excited, committed, and ready to adopt a child for who they are and care for them as a parent for the long term.

Attorney Robert Maines is a seasoned lawyer based in Sweetwater, TN, who helps clients just like you navigate the intricacies of family and estate planning law. He has the knowledge and experience to help you with solutions to your family and estate planning issues, giving you peace of mind that your family is well protected.

Still have questions? Ready to get started? Contact Maines Legal today at (423) 456-4778 to schedule an initial consultation.

What Steps Should I Take To Begin The Adoption Process?

First, decide what type of adoption you will pursue, whether it’s a domestic adoption in Tennessee, an adoption from another state, or an adoption from an agency. What type of adoption professional do you want to work with if you use an agent?

You will have to complete a home study and collect a lot of documentation. It’s essential to have birth certificates, your marriage license, health records and any other pertinent documents. You should have financial records available, too. Be prepared for background checks, both financial and criminal.

For the home study, a social worker or someone from the adoption agency will inspect your home and make sure it’s safe for a child. They may even provide guidance on correcting areas of concern. They will ask questions about your parenting philosophy, your motivation to adopt and whether you understand the nuances of the process. You must also provide all information about everyone living in your home, such as extended family. They must be part of the process because if you place a child in that home, everyone living there becomes subject to background checks.

If you’re doing an independent adoption, you will deal directly with a birth mother instead of an adoption agency, or you may have someone in mind who wants to give up a child. In that case, you have to consider a pre-placement contract to decide whether you can cover certain costs for that individual, the hospital where the child will be born, and post-placement and finalization issues that may come up. However, just because you have a contract with the birth mother doesn’t mean that ultimately, in the end, she can’t change her mind.

Finally, there are the costs associated with adoption. Agency fees are between $12,000 and $18,000. That’s not counting smaller fees along the way, especially if you’re adopting from a birth parent.

You could be asked to cover all the expenses for the birth mother, including prenatal care, living expenses, and hospitalization. That could raise the cost to $35,000 or more.

Adoption is an expensive process. It becomes less expensive if you adopt your foster child who has been placed with you by the state. In these cases, many costs are absorbed in the adoption process.

What Are The Differences Between Agency Adoption and Private Adoption?

A private independent adoption is a direct placement of a child from the birth mother to the adoptive parents without the use of an agency and agency fees. With an agency adoption, a licensed child placement agency searches out prospective mothers or prospective adopted children. They control more of the process and more of the costs.

Attorney Robert Maines is a seasoned lawyer based in Sweetwater, TN, who helps clients just like you navigate the intricacies of family and estate planning law. He has the knowledge and experience to help you with solutions to your family and estate planning issues, giving you peace of mind that your family is well protected.

Still have questions? Ready to get started? Contact Maines Legal today at (423) 456-4778 to schedule an initial consultation.

How Long Does The Adoption Process Typically Take?

This depends on the type of adoption. If you’re adopting from foster care, it can take a minimum of six months as you need a court-ordered termination of the birth parent’s parental rights.

If you’re adopting from foster care, the process can take 16 to 18 months. If you’re adopting a newborn, this can take between two to seven years, depending on whether the birth mother is involved. You will also have to get on a waiting list with an agency and wait until a child or mother is available.

If you have an international adoption, how long the process takes often depends on which country the adoption is from. Sometimes, an international adoption can take considerably less time, though in other cases, it may take six or more years.

How Have You Helped Families Navigate The Adoption Process In Tennessee?

Stepparent adoptions are some of my favorites to handle, and they generally turn out very well for everyone involved. In some cases, a biological parent has passed away or had difficulties with willingly or unwillingly losing their right to their child.

In stepparent adoption, the children already have a bond with this stepparent, and the adoption completes the family. They’re no longer thinking, “I don’t have a dad” or “I don’t have a mom”.

In juvenile courts, parents typically lose their rights to their children. In the circuit or chancery courts, children who’ve lost the protection of a parent can find a new start through adoption. Working in both courts, I can see the entire process from start to finish with its sorrows and joys. It brings me immense satisfaction to help kids and adults navigate this journey and wind up with caring, supportive families at the end.

Still Have Questions? Ready To Get Started?

For more information on Adoption In Tennessee, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (423) 456-4778 today.