Tennessee
TennesseeWho Must Consent:- 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.
Consent of Adoptee:Not addressed in statutes reviewed.
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 Relinquishment Can Be Signed:- No surrender shall be made prior to the 3rd day after 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 Relinquishment Must Be Signed:- Surrenders shall be made in the presence of a judge, and the court shall advise the person of the right, time and procedure.
- The court may accept notarized statements if someone is unable to surrender in person.
Time for Revocation:- 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 the statutes.
- A surrender may be revoked at any time 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.
•
Glossary of Terms•
Legal Considerations in Adoption •
Parental Rights•
Putative Father Registries: What They Are and How To Use Them•
Resources for Expectant/Placing ParentsRelinquishment Summaries by State: Index
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