Articles A Complete Guide to Adoption in Tennessee

Written by: Adoption.com Staff | Published on: May 26, 2026

A Complete Guide to Adoption in Tennessee

Thinking about adopting a child in the Volunteer State? Our guide will walk you through everything you need to know about adoption in Tennessee.

Tennessee’s adoption laws are notable for the fact that the birth mother must give consent in front of a judge, and also that typically, the child lives with the adoptive parents before those parents file the petition for adoption.

We’ll cover Tennessee’s adoption laws, who can adopt, different paths to adoption in Tennessee, the Tennessee home study process, and how to find Tennessee adoption agencies in your area.

For expectant parents, we’ll explain your rights in Tennessee, consent laws for terminating parental rights, and timelines for changing your mind. Finally, we’ll share helpful resources to give you the tools to make the best decision for your family.

Tennessee Adoption Laws at a Glance

Here’s a quick look at the basics of adoption in Tennessee.

Who Can Adopt?	People who are at least 18 years oldPeople who are married, single, divorced, or widowed. People of all sexual orientationsPrivate agencies may have additional regulations about age, income, and other factors.
Residency Requirements	In general, the people who are adopting must have their regular home in Tennessee. There are a few exceptions to this rule, which we’ll explain in a later section.
Marital Status	Marital status is not a factor for adoption in Tennessee.
Birth Mother Consent	Birth mothers must wait 3 days after the child’s birth before they can consent to an adoption. Birth mothers must give consent before a judge of the chancery, circuit, or juvenile court.
Revocation Period	Birth mothers who give consent have 3 calendar days to change their minds and revoke it by appearing before the judge who accepted it.
Birth Father Rights	Birth father consent is required before the child can be adopted if he has legally established paternity. Unmarried birth fathers in Tennessee can protect their rights by filing paperwork with the state’s Putative Father Registry.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Tennessee adoption attorney for legal advice.

Paths to Adopting a Child in Tennessee

Tennessee offers several different legal routes to adoption. Each option suits different family situations and needs.

Private Infant Adoption

Private infant adoption is the process of adopting a newborn baby with the help of either a licensed adoption agency or an adoption attorney. In this type of adoption, expectant parents make an adoption plan for their baby. They may choose the adoptive family themselves or with the help of an agency.

Prospective adoptive parents complete a home study, which includes background checks, interviews, and home visits. If working with an agency, they may be asked to create a family profile that is shown to birth parents. Families working with an attorney connect with expectant parents through their own network or referrals, and the attorney handles the legal process.

Once the baby is born, the birth parents sign consent (called a “surrender” in Tennessee) before a judge, transferring parental rights and custody to the adoptive parents.

Adopting from Foster Care

When you adopt from foster care, you adopt a child whose birth parents’ rights have been terminated by the state due to abuse, neglect, or other circumstances. The children are placed in custody of the Tennessee Department of Children’s Services (DCS), and while the goal is to eventually reunite them with their birth parents, this is sometimes not possible. These children become available for adoption.

Children available for adoption from foster care range from infants to teenagers, and there is an extra need for adoptions of older children and sibling groups who want to stay together.

Adoptions from foster care cost less than private adoptions because the state incurs most of the expenses, and Tennessee provides a monthly subsidy to adoptive families. Adoptive families for foster care adoptions must first undergo training, home studies, and background checks to ensure they can provide a safe, stable, and loving home.

Stepparent or Relative Adoption

Stepparent adoption allows a spouse to legally adopt their partner’s child. Relative adoption involves a family member, such as a grandparent, aunt, uncle, sibling, or cousin, adopting a child. These adoptions are generally simpler and more straightforward than other types because the judge often waives the home study requirement and waiting period in these cases.

The birth parent who is married to the stepparent or related to the adopting family member can sign the adoption petition as a co-petitioner, which serves as their consent. However, if the child has another legal parent, they must also terminate their parental rights unless the state has already done so.

For stepparent adoptions, Tennessee requires stepparents to be married to the biological parent. Children over the age of 14 must provide written consent to both stepparent and relative adoptions.

A Deeper Look at Tennessee Adoption Laws

Here’s a more detailed explanation of what Tennessee’s laws say about who can adopt, birth parent consent and revocation, and completing the home study.

Who is Eligible to Adopt in Tennessee?

Tennessee laws place very few restrictions on who may adopt. Broadly, any person age 18 or over who lives and maintains their normal home in Tennessee is eligible. This includes Single individuals, married couples, and members of the LGBTQ+ community. That said, there are a few possible exceptions to the residency requirement, and some additional rules and details to keep in mind.

If you are active-duty military stationed outside Tennessee, you can still file for adoption as long as you maintained a Tennessee residence for six consecutive months before entering military service, or if Tennessee is your state of legal residence. Also, for stepparent and relative adoptions, you only need to be a resident of the state when you file the petition, not before.

According to Tennessee statutes, you must have physical custody of the child at the time you file the adoption petition. This requirement means the child is already living in your home when you file your petition. This rule differs from many states, which do not grant custody until the petition to adopt has been filed.

While Tennessee’s adoption eligibility laws do not specify restrictions based on income, physical ability, or criminal background, the state requires a home study where these factors will be evaluated. Additionally, if you are adopting through a private agency, they may have additional eligibility requirements.

Birth Parent Consent in Tennessee

Unlike some states, Tennessee requires the birth parents to consent to give up parental rights before a judge in a court. The consent form is called a “surrender” in Tennessee law, and it cannot be signed outside of court. Birth mothers must wait at least 3 days after birth before they consent.

Once the consent is signed, the birth parents have 3 days to change their mind and revoke consent. To do so, they must appear in court in front of the judge who first accepted their consent. After the 3-day period is complete, they may only revoke their decision if they can prove it was made under fraud or duress. To do so, they must present clear proof in court within 30 days of the consent.

Birth father rights vary depending on the legal relationship to the child. If the birth father is married to the birth mother or has established legal paternity through a court order or voluntary acknowledgment, his consent is required just like the birth mother’s. If he is a putative father (a biological father who has not established legal paternity), he can protect his rights by registering with the Tennessee Putative Father Registry within 30 days of the child’s birth. If he fails to register or establish paternity, his consent may not be required.

Birth fathers who are not legal fathers can sign a Waiver of Interest before the baby is born to voluntarily give up any claim to parental rights. Once signed, the waiver cannot be revoked.

The Home Study Process in Tennessee

Nearly all adoptions in Tennessee require you to complete a home study. A home study evaluates your ability to provide a stable, loving home for the adopted child, and is conducted by a licensed child-placement agency, licensed clinical social worker, or a DCS representative.

The idea of a home study may make you nervous at first, but with knowledge and planning, it’s not hard to manage. The main goal is to ensure the safety and well-being of the child.

According to Tennessee regulations, the agency will evaluate your character, values, ethical standards, financial stability, and physical and mental health. The evaluation includes interviews with all family members living in the home, at least one home visit, contact with references, and an assessment of your motivation to adopt and ability to provide for a child.

You will need to provide documents including birth certificates, marriage licenses, financial records, health examinations, and verification of marital status. All adults in the household must complete criminal background checks. The agency will also check that your home meets safety standards.

One unusual aspect of the home study in Tennessee is that you are required to submit a medical evaluation from a physician that explains the cause of childlessness, except in the case of special needs adoptions. The purpose of this step is to help the agency assess your motivation to adopt.

A preliminary home study must be completed within 30 days before filing an adoption petition. The full home study must be completed or updated within one year before the finalization of the adoption. For stepparent and relative adoptions, the court may waive the home study requirement upon request.

Find Tennessee Adoption Agencies and Professionals

If you’re interested in adoption in Tennessee, an agency or professional can help guide you through the process. Here is a list of licensed statewide, national, and regional agencies to get you started. The DCS website also offers a list of fee structures for all licensed agencies.

Statewide and National Agencies Serving Tennessee

Foster Care Adoption: DCS manages all foster care adoptions and provides resources and services for families who are adopting children in state custody.

Adoption Assistance – Non-profit agency licensed in Kentucky, Tennessee, and Indiana offering domestic and international adoption services. Their offices are in Murfreesboro.
Adoption Promises – Licensed clinical social worker providing home study services.
America World Adoption Association – Christian organization with Tennessee office in Murfreesboro offering international adoption services.
Heart of Adoptions Tennessee – Full-service adoption agency based in McEwen that works with families across Tennessee.
Hope Adoption Agency – Agency in Cookeville providing domestic adoption services throughout Tennessee.
Lifeline Children’s Services – Christian agency offering services for domestic and international adoptions. Office in Mt. Juliet.
Love and Hope Adoption Services – Nationwide adoption agency with an office in Livingston serving all of Tennessee.

Nashville Area Agencies

Adoption Advocacy of Tennessee – Licensed agency in Brentwood providing home studies and adoption services.
AGAPE Nashville – Faith-based agency offering domestic infant adoption and home study services.
Catholic Charities of Tennessee – Long-established social service agency providing domestic and international adoption services. They work on a sliding fee scale with adoptive parents.
Jewish Family Service – Social service organization with over 50 years of experience offering adoption home studies and support services.
Miriam’s Promise – Licensed agency providing pregnancy counseling and adoption services for over 35 years.
Monroe Harding – Organization serving children and families since 1893; provides home study services.
Options 4 Adoption – Agency specializing in home studies and post-adoption services. Office in Brentwood.
Small World Adoption – Mt. Juliet-based agency offering domestic and international adoption services.

Memphis Area Agencies

Agape Child and Family Services – Faith-based agency providing comprehensive domestic adoption services in Memphis.
Hannah’s Hope – Non-profit agency in Bartlett providing pregnancy counseling and adoption services free of charge.
Life Choices of Memphis – Pregnancy medical center serving Shelby County for five decades with adoption services. Authorized to work with couples outside Memphis as well.

Tennessee Adoption Attorneys

An adoption attorney can help guide you through the complex legal process of adoption so that you have more time to plan for your new family. To find an attorney in Tennessee, start with the Tennessee directory from the Academy of Adoption & Assisted Reproduction Attorneys.

Adopting from Foster Care in Tennessee

Adopting a child from foster care can create a meaningful path to growing your family, while also helping a child who is waiting on a stable, loving home. As of 2024, there were over 9,000 children in foster care in Tennessee, with 1,177 eligible for adoption.

In Tennessee, DCS is in charge of foster care, but there are also agencies that serve children in foster care. Priority to adopt is given to families who have already cared for the child as foster parents. According to DCS, about 80% of the children who are adopted from foster care are adopted by the families who already served as foster parents for them.

To adopt from foster care in Tennessee, you must be 21 years old and a resident of the state who can meet the financial and emotional needs of your family. You can be married, single, or part of the LGBTQ+ community, and you can rent or own your house.

The state of Tennessee covers the costs of adopting from foster care, and also offers a monthly adoption assistance subsidy to help pay for the child’s needs. There is also a separate voucher program called The Childcare Assistance Program to help further additional childcare costs.

Tennessee further supports adoptive parents through its Adoption Support and Preservation Program. The program provides services, counseling, support, and other resources after the adoption is finalized to give your new family the tools it needs to succeed. The Tennessee Foster and Adoptive Care Association also provides valuable services and resources for adoptive families.

To learn more about adopting from foster care, access resources, and view children waiting for a forever home, visit the Tennessee Department of Children’s Services adoption resource page.

Resources for Expectant Parents in Tennessee

Creating an adoption plan for your child is an emotional, deeply personal experience. It’s normal to feel nervous, overwhelmed, or uncertain. But remember, you’re not alone. You have rights and options, as well as resources available to help guide you.

If you decide to pursue adoption, you have the right to choose the adoptive family, and you can decide how much contact you want with the child. To find clarity and feel confident in your decision, it may help to make an adoption plan and outline what you do and don’t want.

You cannot give consent to adoption until at least 3 days after your baby’s birth, and consent must be given in court before a judge. After signing the consent, you have 3 days to revoke your decision. After those 3 days, your consent becomes final except in cases of fraud or duress.

Tennessee law permits adoptive families to provide support for certain pregnancy-related expenses at no cost to you. Remember though, these are not payments for adoption and they do not obligate you to place your child for adoption.

Allowable expenses include:

Medical and hospital costs for you and your baby
Counseling services for up to 2 years after placement
Legal representation
Reasonable living expenses (housing, food, maternity clothes, utilities, transportation) for up to 90 days before birth or 45 days after placement

Many licensed adoption agencies in Tennessee offer counseling, so if you want unbiased support or a safe place to explore your options, call or visit an agency near you. You can also visit The Tennessee Department of Health website for family planning and pregnancy resources, or call the National Maternal Mental Health Hotline at 1-833-852-6262 for 24/7 confidential support.

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