Tennessee § 36-1-115 - Persons eligible to file adoption petition — Residence requirements — Preference for foster parents.

§ 36-1-115. Persons eligible to file adoption petition — Residence requirements — Preference for foster parents.

Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed. The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child. If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child. The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption petition is filed. Nonresidents may also file a petition to adopt a child in this state, if they file such petition in the county where a court granted the nonresidents partial or complete guardianship of the child. If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military. Where the petitioner is seeking to adopt a child that is related, the residency requirement in subsections (d) and (e) shall not apply if the petitioner is an actual resident of this state at the time the petition is filed. When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition. In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part. Acts 1951, ch. 202, §§ 4, 40 (Williams, §§ 9572.18, 9572.52); Acts 1959, ch. 223, § 1; Acts 1961, ch. 150, § 1; 1971, ch. 232, § 1; 1971, ch. 329, § 1; 1972, ch. 612, § 7; impl. am. Acts 1975, ch. 219, § 1; Acts 1976, ch. 481, § 1; 1977, ch. 232, § 1; 1979, ch. 107, § 1; T.C.A. (orig. ed.), § 36-105; § 36-1-105 ; Acts 1995, ch. 532, § 1; 2016, ch. 919, § 10; 2018, ch. 875, § 14. Compiler's Notes. Former § 36-1-115 (Acts 1951, ch. 202, §§ 10, 40 (Williams, §§ 9572.24, 9572.52); T.C.A. (orig. ed.), § 36-115), concerning consent of child fourteen years of age or over, was repealed by Acts 1995, ch. 532, § 1, effective January 1, 1996. Amendments. The 2018 amendment, in (d), in the first sentence, substituted “live and maintain their” for “have lived, or maintained a” preceding “regular place” and “when the adoption petition is filed.” for “or on federal territory within the boundaries or this state for six (6) consecutive months immediately preceding the filing of the adoption petition.”, and in the second sentence substituted “Nonresidents,” for “However, nonresidents”, “where a court” for “in which the court that” preceding “granted”, and deleted “is located” at the end; and, in (e), substituted “If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has” for “If the petitioner is in military service stationed out of the state, but had” and “or if this state is the service member’s state of legal residence as identified to the United States military” for “, the residency requirement in subsection (d) shall not apply” at the end. Effective Dates. Acts 2018, ch. 875, § 38. July 1, 2018. Textbooks. Coppock on Tennessee Adoption Law, (1998-99 ed., Coppock). Tennessee Jurisprudence, 20 Tenn. Juris, Parent and Child, § 21. Law Reviews. Adoption Proceedings — Revocation of Surrender Under Tennessee Code Annotated Section 36-1-117 (Bradley E. Trammell), 23 Mem. St. U.L. Rev. 293 (1993). Courts, Legislatures, and Second-Parent Adoptions: On Judicial Deference, Specious Reasoning, and the Best Interests of the Child, 66 Tenn. L. Rev. 1019 (1999). When One Parent Goes and the Other Parent Stays: The Inconsistency and Inequality of Guaranteeing Absent Parents Permanent Parental Rights (Wendee M. Hilderbrand), 56 Vand. L. Rev. 1907 (2003). Attorney General Opinions. Adoption statutes do not permit more than two adults jointly to adopt a child and do not allow two adults jointly to adopt a child together if they are not a couple and are not cohabitating in the same home, OAG 07-162, 2007 Tenn. AG LEXIS 162 (12/12/07).