Tennessee Adoption Laws, Page 3

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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:

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• A child 14 years of age or older must consent to his or her adoption.

When Parental Consent is not Needed

• 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

When Consent Can Be Executed

• 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

• 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

• 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.
  

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

Adoption Connection

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Adoption Disruption Help

Transitions Group Home Out-of-home placement andcounseling

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Dove Adoptions Int'l

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