Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Tennessee may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Tennessee child adoption law including such topics as adoption intermediaries, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Intermediaries/Facilitators
Citation: Ann. Code § 36-1-108(a)
No person, corporation, agency, or other entity, except the department or a licensed child-placing agency or licensed clinical social worker, shall engage in the placement of children for adoption.
This section shall not be construed to prohibit any person from advising parents of a child or prospective adoptive parents in making necessary arrangements for adoption so long as no remuneration,
fees, contributions, or things of value are given or received from any person or entity for such service other than usual and customary legal and medical fees.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 36-1-109(a)(B)(1)
Reasonable charges or fees for hospital or medical services for the birth of the child
Medical care or other reasonable birth-related expenses for the mother or child
Reasonable counseling fees
Reasonable legal fees
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
Citation: § 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
Citation: §§ 36-1-108(a), (b); 37-5-507
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.
Private individuals are forbidden to engage in placing children for adoption.
Allowable Payments for Relinquishing Child
Citation: § 36-1-109(a)(2)
It is unlawful for any person to sell or surrender a child to another person for anything of value.
Accounting of Expenses Required by Court
Citation: § 36-1-116(b)(16)
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.
The disclosure must specifically include any attorney's fees, medical expenses, or agency fees that have been paid or been promised.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code §§ 36-1-110; 36-1-117
The following persons must be made parties to an adoption proceeding:
The parent, the legal parent, or the guardian
The putative biological father of the child
A parent who has not reached age 18 shall have the legal capacity to surrender a child or otherwise give parental consent to adoption or execute a waiver of interest and to release such parent's rights
to a child and shall be as fully bound thereby as if the parent had attained age 18.
The court shall have the authority to appoint a guardian ad litem for the minor parent of a child who may be surrendered or for whom a parental consent or waiver of interest is given, if deemed necessary
to advise and assist the minor parent with respect to surrender, parental consent, waiver, or termination of the minor parent's parental rights.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 36-1-117
When the child who is the subject of the adoption is age 14 or older, the adoption court must receive the sworn, written consent of such child to the adoption. The court shall receive the consent and testimony
from the child in chambers with only the child and a guardian ad litem if required and appointed by the court.
If the child is mentally disabled, the court shall appoint a guardian ad litem to give or withhold consent for the child.
When Parental Consent is not Needed
Citation: Ann. Code § 36-1-117
The parent, legal parent, guardian, or putative biological father of the child shall not be made a party to the adoption proceeding if he or she:
Has surrendered parental or guardianship rights to the child
Has executed a parental consent that has been confirmed by the court
Has waived his or her rights or has had his or her rights terminated by the order of a court of competent jurisdiction
When Consent Can Be Executed
Citation: Ann. Code § 36-1-111
No surrender or parental consent shall be valid that is made within 3 calendar days subsequent to the date of the child's birth, such period to begin on the day following the child's birth. The court may,
for good cause shown, waive this waiting period.
Revocation of Consent
Citation: Ann. Code § 36-1-112
A person who executed a surrender may revoke the surrender at any time within 10 calendar days of the date of the surrender. The surrender shall be revoked by appearing before the judge who accepted the
surrender. The revocation of the surrender shall be executed under oath by the parent or guardian who executed the surrender of the child, and the judge or other person who accepted the surrender shall
sign and date the revocation form.
No surrender may be revoked by the person surrendering the child or set aside by a court after the expiration of the 10-day period except as the surrender may be invalidated by court order entered pursuant
to a timely filed complaint or as permitted by order of the court entered pursuant to § 36-1-118.
A parental consent may be revoked at any time prior to the entry of an order of confirmation of the parental consent by the court. The parent who executed the parental consent shall appear before the
judge of the court in which the adoption petition is filed and shall execute a revocation of the parental consent.
After the revocation period has expired or after the court has entered an order confirming a parental consent, no surrender or waiver of interest or parental consent shall be set aside by a court except
upon clear and convincing evidence of duress, fraud, intentional misrepresentation, or invalidity, and no surrender, waiver of interest, or parental consent may be set aside for any reason unless the action
based on these grounds is initiated within 30 days of the execution of the surrender or within 30 days of the date of entry of the order of confirmation of the parental consent.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 36-2-318(e)(3); 36-2-318(j)
The putative father may file a notice of intent to claim paternity prior to the child's birth or within 30 days after the child's birth.
The putative father must file a complaint for parentage within 30 days from the receipt of notice of adoption proceedings.
Please visit adoption law in Tennessee for more details. |