Termination/Adoption
Why Legal Representation Matters
Frequently Asked Questions
In Tennessee, a parent can voluntarily surrender their parental rights, but it must be done through a formal court process. The parent must appear before a judge and sign specific surrender documents confirming that the decision is knowing, voluntary, and permanent. Once accepted by the court, the surrender completely ends all legal rights and responsibilities toward the child, including custody and visitation. However, this is typically only allowed when another person — such as a stepparent or adoptive parent — is ready to assume those rights and responsibilities.
The length of the adoption process in Tennessee varies depending on the type of adoption and individual circumstances. Generally, most adoptions take six months to a year from the time the child is placed in the home to finalization. Tennessee law requires the child to live with the adoptive parents for at least six months before the court can issue a final adoption decree, although this period can be shorter in certain relative or stepparent adoptions. Factors such as background checks, home studies, and termination of parental rights can also affect the overall timeline.
Yes. In Tennessee, both grandparents and stepparents can adopt a child under certain conditions. These adoptions are often simpler than other types because the child already has an established relationship with the adoptive adult. In a stepparent adoption, the noncustodial parent’s rights must first be terminated voluntarily or by court order. Grandparent adoptions may occur when parents are unable or unwilling to care for the child, and the court determines that adoption is in the child’s best interest. Both types still require court approval and, in most cases, a home study or background check unless specifically waived by the court.
In Tennessee, termination of parental rights ends future child support obligations, but it does not erase any unpaid child support that accumulated before the termination order. Once a parent’s rights are legally terminated, they are no longer responsible for ongoing payments or future support, since they are no longer the child’s legal parent. However, any arrears (past-due support) remain enforceable and must still be paid, even after parental rights are ended.
If a biological parent contests an adoption in Tennessee, the court must hold a hearing to determine whether the parent’s rights should be terminated before the adoption can proceed. The contesting parent has the right to be notified, present evidence, and be represented by an attorney. For the adoption to move forward, the court must find clear and convincing evidence that a legal ground for termination exists—such as abandonment, neglect, or unfitness—and that ending parental rights is in the child’s best interest. Until the court issues a final order terminating those rights, the adoption cannot be finalized.
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