Stepparent Adoption in Tennessee
Reviewed by DocDraft Legal Team - Tennessee - Last updated October 6, 2026
In Tennessee a stepparent files the adoption petition in chancery court or circuit court under Tenn. Code Ann. 36-1-115, with the spouse who is the child's parent signing as co-petitioner. Tennessee has no rule that simply excuses the other parent's consent: under 36-1-117(a), that parent's rights must end before the adoption order, either by a surrender made before a judge under 36-1-111 or by a termination under 36-1-113, which you can request in the adoption petition itself. A termination needs a statutory ground, such as abandonment as defined in 36-1-102(1)(A), proved by clear and convincing evidence, plus a finding that termination is in the child's best interest, and the parent must be served under 36-1-117. A child fourteen or older must give sworn, written consent, and because a stepparent counts as a related person, the court may waive the home study and the six month waiting period.
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Where are you with adopting your stepchild?
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How are the other parent's rights ended in a Tennessee stepparent adoption?
By a surrender signed before a judge (Tenn. Code Ann. 36-1-111) or a 36-1-113 termination, which the adoption petition can request. Termination needs service, best interest, and a ground proved by clear and convincing evidence, such as failing to visit or support for the four consecutive months (three if the child is under four) immediately before filing.
Which Tennessee court hears a stepparent adoption, and is there a form?
Under Tenn. Code Ann. 36-1-115(a), you petition the chancery or circuit court. Section 36-1-114 lets you file where you, the child, or a respondent lives, or in an adjacent county. The petition must be verified and include what 36-1-116(b) lists, so ask the clerk whether that court uses its own adoption forms.
Is a home study required for a stepparent adoption in Tennessee?
Not always. Tenn. Code Ann. 36-1-116(a)(1) requires a home study before filing but lets the court waive it when the child is adopted by related persons, and 36-1-102(46) defines related to include a stepparent. Under 36-1-119(b) the court may also waive the order of reference and the final court report.
At what age must a child consent to a stepparent adoption in Tennessee?
Fourteen. Under Tenn. Code Ann. 36-1-117(i)(1)(A), a child who is fourteen or older at any time before the petition is granted must give sworn, written consent, which is filed and recited in the order. The child can give it in chambers on request. For a child with a mental disability, the court appoints a guardian ad litem.
Tennessee's termination route, chancery or circuit court, and the related-person waivers
Tennessee adoptions are filed in chancery court or circuit court (Tenn. Code Ann. 36-1-115(a)), in a county listed in 36-1-114(a), such as where you, the child, or a respondent lives, or in an adjacent county. You must live and keep your regular place of abode in Tennessee when you file (36-1-115(d)), and your spouse, the child's parent, signs the petition as co-petitioner, which counts as that parent's consent without ending their own relationship with the child (36-1-115(c) and 36-1-117(f)). The other parent is different. Section 36-1-117(a) requires that parent's rights to be terminated before the adoption order, so the case runs through a surrender made before a judge under 36-1-111 or a termination under 36-1-113, which a stepparent has standing to request in the adoption petition (36-1-113(b)(1)). Termination needs a ground listed in 36-1-113(g) proved by clear and convincing evidence, plus a finding that termination is in the child's best interest (36-1-113(c)), and the parent must be served as 36-1-117 provides. The ground most stepparents look at is abandonment under 36-1-102(1)(A)(i): for four consecutive months immediately preceding the filing (three consecutive months if the child is under four), the parent either failed to visit or failed to support or failed to make reasonable payments toward the child's support. Token visits or token support count as a failure, resuming visits or support after the petition is filed does not cure it, and the parent can defend by proving by a preponderance of the evidence that the failure was not willful. Because 36-1-102(46) counts a stepparent as related, the court may waive the home study (36-1-116(a)(1)) and the six month waiting period (36-1-119(b)). A child fourteen or older must give sworn, written consent (36-1-117(i)(1)(A)).
Relevant Laws
Tenn. Code Ann. 36-1-117 (Necessary parties and consents)
Subsection (a) requires the rights of a legal parent to be terminated before an adoption order unless the parent surrendered, gave a parental consent, or had rights terminated by court order. Subsection (f) lets the stepparent's spouse consent by co-signing the petition without affecting that parent's own relationship with the child. Subsection (i)(1)(A) requires sworn, written consent from a child fourteen or older.
Tenn. Code Ann. 36-1-113 and 36-1-102(1) (Termination and abandonment)
Section 36-1-113 lets prospective adoptive parents request termination in the adoption petition and requires a ground proved by clear and convincing evidence and a best interest finding. Abandonment under 36-1-102(1)(A)(i) means that for four consecutive months immediately preceding filing (three if the child is under four) the parent failed to visit or failed to support or failed to make reasonable payments toward support; lack of willfulness is a defense the parent must prove.
Tenn. Code Ann. 36-1-116 and 36-1-119 (Home study, petition, waiting period)
Section 36-1-116(a)(1) requires a home study before filing but lets the court waive it when the child is adopted by related persons, a term 36-1-102(46) defines to include a stepparent. Section 36-1-116(b) lists what the verified petition must state. Section 36-1-119(b) lets the court waive the six month waiting period, orders of reference and home studies for a related child.
Tenn. Code Ann. 36-1-115 (Who may petition, court, residency)
Any person over eighteen may petition the chancery or circuit court to adopt and may request a name change. The petitioner must live and maintain a regular place of abode in Tennessee when filing, and a spouse who is the child's parent signs as co-petitioner, which is sufficient consent without a surrender.
Regional Variances
Tennessee stepparent adoption requirements
Court
Chancery court or circuit court (Tenn. Code Ann. 36-1-115(a)), in a county listed in 36-1-114(a), such as where the petitioners, the child, or a respondent resides, or an adjacent county (36-1-114(b)).
Petition form
Ask the chancery or circuit court clerk which petition form it uses. Whatever form is used, the verified petition must state the items listed in 36-1-116(b).
Other parent's consent
The other parent's rights must be terminated before the adoption order (36-1-117(a)), by a surrender made before a judge (36-1-111(b)(1)) or by court order. The stepparent's spouse consents by signing as co-petitioner (36-1-115(c), 36-1-117(f)).
Proceeding without consent
No consent bypass; termination under 36-1-113, which can be requested in the adoption petition (36-1-113(b)(1)), after service under 36-1-117. Requires a 36-1-113(g) ground by clear and convincing evidence AND best interest (36-1-113(c)). Abandonment (36-1-102(1)(A)(i)): for 4 consecutive months immediately preceding filing (3 if the child is under 4), failed to visit OR failed to support OR failed to make reasonable payments toward support; token visits or support count as failure; non-willfulness is an affirmative defense the parent proves by a preponderance (36-1-102(1)(I)).
Home study
Required before filing (36-1-116(a)(1)), but the court may waive it when the child is adopted by related persons, which includes a stepparent (36-1-102(46)); 36-1-119(b) also allows waiver of orders of reference and the final court report.
Residency or waiting period
Petitioner must live and maintain a regular place of abode in Tennessee when the petition is filed (36-1-115(d)). The six month waiting period in 36-1-119(a) may be waived for a related child (36-1-119(b)).
Child's consent age
Fourteen or older at any time before the petition is granted: sworn, written consent filed and recited in the order (36-1-117(i)(1)(A)); a guardian ad litem gives or withholds consent for a child with a mental disability (36-1-117(i)(2)).
Suggested Compliance Checklist
Decide how the other parent's rights will end
Before filing days after startingAsk whether the other parent will sign a surrender before a judge under 36-1-111. If not, a 36-1-113 termination needs a ground proved by clear and convincing evidence, a best interest finding, and service on the parent. For abandonment, gather visit and support records for the four consecutive months (three if the child is under four) immediately preceding filing showing the parent failed to visit or failed to support or failed to make reasonable payments toward support.
File the verified petition in chancery or circuit court
At filing days after startingFile in an eligible county under 36-1-114 with your spouse signing as co-petitioner, include any request to terminate the other parent's rights, and include the items 36-1-116(b) requires. Ask the clerk for local forms and the filing fee.
Ask the court to rule on the home study and waiting period
At or soon after filing days after startingBecause a stepparent is a related person, the court may waive the home study under 36-1-116(a)(1) and the waiting period, orders of reference and final court report under 36-1-119(b). If it does not, arrange the home study with a licensed child-placing agency or licensed clinical social worker.
Prepare the child's sworn consent if fourteen or older
Before the order is granted days after startingA child fourteen or older at any time before the petition is granted must sign a sworn, written consent with statements comparable to the form in 36-1-117(i). The consent is filed with the record, and the child can ask to give it in chambers.
Confirm the child's new name and update records
After the final order days after startingRequest the name change in the adoption petition under 36-1-115(a) so the final order uses the new name. Order certified copies of the final order for schools, Social Security and passports while the new certificate of birth by adoption is requested. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide how the other parent's rights will end | Ask whether the other parent will sign a surrender before a judge under 36-1-111. If not, a 36-1-113 termination needs a ground proved by clear and convincing evidence, a best interest finding, and service on the parent. For abandonment, gather visit and support records for the four consecutive months (three if the child is under four) immediately preceding filing showing the parent failed to visit or failed to support or failed to make reasonable payments toward support. | - | Before filing |
| File the verified petition in chancery or circuit court | File in an eligible county under 36-1-114 with your spouse signing as co-petitioner, include any request to terminate the other parent's rights, and include the items 36-1-116(b) requires. Ask the clerk for local forms and the filing fee. | - | At filing |
| Ask the court to rule on the home study and waiting period | Because a stepparent is a related person, the court may waive the home study under 36-1-116(a)(1) and the waiting period, orders of reference and final court report under 36-1-119(b). If it does not, arrange the home study with a licensed child-placing agency or licensed clinical social worker. | - | At or soon after filing |
| Prepare the child's sworn consent if fourteen or older | A child fourteen or older at any time before the petition is granted must sign a sworn, written consent with statements comparable to the form in 36-1-117(i). The consent is filed with the record, and the child can ask to give it in chambers. | - | Before the order is granted |
| Confirm the child's new name and update records | Request the name change in the adoption petition under 36-1-115(a) so the final order uses the new name. Order certified copies of the final order for schools, Social Security and passports while the new certificate of birth by adoption is requested. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the final order |
Frequently Asked Questions
Other Tennessee guides
Adverse Possession in Tennessee: Four Seven Year Sections and a Twenty Year Tax Bar
Asset Protection Planning in Tennessee (2026)
Dealing With Debt Collectors in Tennessee (2026)
Expunging a Criminal Record in Tennessee (2026)
Filing a Workplace Harassment Complaint in Tennessee
Filing Chapter 7 Bankruptcy in Tennessee (2026)
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