Types of Adoption in Chattanooga

Adoption creates a permanent legal parent-child relationship, but the route to that result depends on who is adopting and the child’s existing family ties. If you are comparing types of adoption, a Chattanooga attorney from our team could identify which requirements apply before you commit time and money to the wrong process.

The Wheland Law Firm works with you to make the legal steps understandable from the beginning. We may address consent, parental rights, and the court’s expectations as we seek an efficient solution. When a dispute prevents a cooperative path, our adoption attorneys could prepare to protect your position in court.

Stepparent and Relative Adoption

A stepparent adoption can formalize a family relationship that already exists. Under Tennessee Code Annotated § 36-1-117, when a stepparent seeks to adopt and the child’s parent who is married to the petitioner joins the petition, that parent’s existing legal relationship with the child remains intact. The rights of any other legal parent must still be properly addressed before the law grants the adoption.

A relative adoption can involve different procedural rules because state law permits courts to waive certain requirements for related petitioners. Tenn. Code Ann. § 36-1-119 allows the court, at its discretion, to waive the six-month waiting period and specified home study requirements when the child is related to the petitioners. That flexibility can simplify the case, but the petition and required consents must still be legally sufficient.

What Do You Need for a Private Adoption?

Another type of adoption someone in Chattanooga might experience is the private kind. A private adoption generally involves prospective parents adopting a child who is not related to them, outside an existing stepparent relationship. Tenn. Code Ann. § 36-1-116 generally requires prospective adoptive parents to obtain a home study before the petition is filed, and the court may waive that requirement only when a relative is adopting the child.

For an unrelated adoption placement, parental rights are another central issue. Tenn. Code Ann. § 36-1-111 governs surrender and parental consent procedures, while Tenn. Code Ann. § 36-1-113 governs involuntary termination of parental or guardianship rights. The correct route depends on whether the necessary parties consent or whether termination must be litigated.

Foster Parent and Adult Adoption

Foster parent adoption has a specific statutory preference in certain circumstances. Under Tenn. Code Ann. § 36-1-115, foster parents receive first preference to adopt when a child has lived in their foster home for at least 12 consecutive months immediately before the adoption petition is filed, and the child becomes available for adoption after the required parental or guardianship rights have ended.

Adult adoption follows a different framework. Tenn. Code Ann. § 36-1-117 provides that when the person is 18 or older, that person’s sworn written consent is generally the only consent the law requires, and it does not require any home study or order of reference. If the law has adjudicated the adult to be incompetent, additional consent rules apply. We could review the circumstances and keep the filing focused on the requirements that actually control the case.

Talk With a Chattanooga Attorney About the Different Types of Adoption

Choosing among the types of adoption in Chattanooga is easier when you know which rules apply to your family before filing. The right path depends on your relationship to the person you plan to adopt and on the status of any existing parental rights.

The Wheland Law Firm could explain the options clearly and work with you toward a practical resolution. If cooperation is possible, we can pursue an efficient course, and ithe case becomes contested, we will be ready to fight for you. Contact us to discuss your adoption goals and the next legal steps.