Tennessee Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: §§ 36-1-110; 36-1-111
- A parent under age 18 shall have the capacity to give consent to adoption.
- A guardian ad litem may be appointed.
- The child's parent or guardian must consent.
Age When Consent of Adoptee is Considered or Required
Statute: § 36-1-117
- A parent under age 18 shall have the capacity to give consent to adoption.
- A guardian ad litem may be appointed.
- The child's parent or guardian must consent.
Age When Consent of Adoptee is Considered or RequiredStatute:
Statute: § 36-1-117
- A child 14 years of age or older must consent to his or her adoption.
When Parental Consent is not Needed
Statute: § 36-1-113- There is no person qualified to give consent.
- The parent:
- Has abandoned the child
- Has shown substantial noncompliance with a permanency plan
- Whose child has been out of the home for 6 months
- Has committed severe child abuse
- Has been imprisoned for 2 years for conduct against a child
- Has failed to support, contact, or visit the child
- Has abandoned the child
When Consent Can Be Executed
Statute: § 36-1-111- No surrender shall be made prior to the 3rd day after the child's birth.
- The count starts on the first full day following birth.
- The court may, for good cause shown, waive the 3-day waiting period.
How Consent Must Be Executed
Statute: § 36-1-111(b)- Surrenders shall be made in the presence of a judge, and the court shall advise the person of the parent's rights, the time of the hearing, and procedure.
- The court may accept notarized statements if someone is unable to surrender in person.
Revocation of Consent
Statute: §§ 36-1-112; 36-1-118- A person may revoke a surrender within 10 days if such revocation occurs in the presence of a judge.
- After 10 days, a surrender cannot be set aside unless the court finds reasons the adoption should not go forward, as detailed in § 36-1-118.
- A surrender may be revoked at anytime prior to the entry of an order of confirmation of parental consent by the court.
- The surrender may be revoked if there is clear and convincing evidence of fraud, misrepresentation, or duress.
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