Tennessee Code Annotated

Tenn. Code Ann. § 36-1-106 (2026)

Readoption

✓ current as of May 2026

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(a) Any minor child who was previously adopted under the laws of any jurisdiction may be subsequently readopted in accordance with this part.

(b) With respect to a child sought to be adopted a second time or subsequent time by new adoptive parents, all provisions in this part relating to the biological parents or legal parents or guardians shall apply to the prior adoptive parents, except that in no case of readoption shall a biological or legal parent or guardian whose rights were previously terminated before the child was initially adopted and whose rights were not subsequently restored be made a party to the new adoption proceeding, nor shall such person's surrender, parental consent, or waiver of interest be necessary. The prior adoptive parents whose rights have not been previously terminated and any other persons who otherwise would be entitled to notice pursuant to this part subsequent to the previous adoption of the child shall be the only necessary parties to the new termination or adoption proceedings and only their surrenders or parental consent, or the termination of their rights, shall be necessary.

(c)
- (1) With respect to a child sought to be readopted under the laws of this state who has been previously adopted pursuant to the laws of a foreign country, the circuit and chancery courts are specifically authorized to enter new orders of adoption as they may be required for purposes of compliance with any requirements of the government of the United States for children who were adopted in foreign countries. In such instances, if an adoption was conducted in accordance with the laws of the foreign jurisdiction, no further termination of parental rights of the child's parents or guardians need be made, no home study need be conducted, no court report need be made and no time period for which an adoption petition must be on file before a final adoption order is entered shall be required. Further, no consultation of the putative father registry maintained by the department shall be required, and the affidavits otherwise required by § 36-1-120(b)(1) and (2) need not be filed, if the attorney, social worker, or child-placing agency, as the case may be, that provided professional services in the underlying foreign adoption, does not maintain an office in the United States.
- (2)
  - (A) When a Tennessee resident adopts a child in a foreign country in accordance with the laws of the foreign country and such adoption is recognized as full and final by the United States government, such resident may file, with a petition, a copy of the decree, order or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation of the decree, order or certificate of adoption, if it is not in English, and proof of full and final adoption from the United States government, with the clerk of the chancery or circuit court of any county in this state having jurisdiction over the person or persons filing such documents.
  - (B) The court shall assign a docket number and file and enter the documents referenced in subdivision (c)(2)(A) with an order recognizing such foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country, shall have the same force and effect as if a final order of readoption were granted in accordance with this part.
  - (C) When the order referenced in subdivision (c)(2)(B) is filed and entered, the adoptive parents may request a report of foreign birth pursuant to § 68-3-310 by submitting an application for report of foreign birth.
  - (D) Individuals obtaining a report of foreign birth under subdivision (c)(2)(C) are exempt from the disclosure of fees requirements of § 36-1-116(b)(16).

Acts 1951, ch. 202, § 31 (Williams, § 9572.45); T.C.A. (orig. ed.), § 36-137; Acts 1978, ch. 704, § 2; T.C.A. (orig. ed.), § 36-138; § 36-1-137; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 17; 2003, ch. 231, § 5; 2005, ch. 137, § 1.

Notes of Decisions

Cited in 19 cases (7 in the last 5 years), 1989–2025 · leading case: Robert Lee Melvin v. Wendy Ann Melvin, 415 S.W.3d 847 (Tenn. Ct. App. 2011).

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Robert Lee Melvin v. Wendy Ann Melvin, 415 S.W.3d 847 (Tenn. Ct. App. 2011). “When making a custody determination, the trial court must engage in an analysis of comparative fitness and determine the best interests of the children based on the factors provided at Tennessee Code Annotated § 36-1-106. Upon review of the record in this ease, we cannot say the…”

Horowitz v. Fowler, 777 S.W.2d 353 (Tenn. Ct. App. 1989). · cites it 2× “T.C.A., § 36-1-106. Petition—Contents—Effect of filing.”

Takesha Curtiss Nelvis v. Lafayette Baptist, Jr. (Tenn. Ct. App. 2019). · cites it 6× “Concomitant with the duties imposed by section 36-1-106, Rule 52.01 of the Tennessee Rules of Civil Procedure requires that trial courts make findings of fact in bench trials.”

Sherry Lynn Dalrymple v. Shawn Patrick Dalrymple (Tenn. Ct. App. 2017). · cites it 4× “On August 26, 2016, the court entered a Memorandum Opinion and Order, making findings as to the factors at Tennessee Code Annotated section 36-1-106(a); the court designated Mother as primary residential parent, determined that the children should remain in Tennessee with…”

Louise Ann Mawn v. Gregg Thomas Tarquinio (Tenn. Ct. App. 2020). · cites it 4× “]”); see also Tenn. Code Ann. § 36-1-102 (a)(1)(A) (2019) (defining abandonment as failure to support in the relevant time period).”

In Re Jonah B. (Tenn. Ct. App. 2023). · cites it 4× “Indeed, the trial court also considered the custody best interest factors contained in Tennessee Code Annotated section 36-1-106, concluding that many favored termination due to the child’s medical needs and Petitioners’ history of, and ability to continue, meeting those needs…”

In Re: Kira D. (Tenn. Ct. App. 2018). · cites it 2× “Accordingly, we vacate the order of guardianship and remand for a determination of custody in light of Mother’s passing pursuant to Section 36-1-106(a)(1).6 V. CONCLUSION The trial court’s order of guardianship is vacated, and the case is remanded for further proceedings in…”

Angie Renee Larsen v. George Giannakoulias (Tenn. Ct. App. 2018). · cites it 2× “” Tenn. Code Ann. § 36-1-106 (a)(1). Regarding this factor, the trial court made the following relevant findings in its final order: In the first couple of years of the parties’ marriage, Husband did care for the children a great deal.”

Courtney Allison West v. Phillip Ryan Chase Byrd (Tenn. Ct. App. 2021). · cites it 2× “This Court explained: Concomitant with the duties imposed by section 36-1-106, Rule 52.01 of the Tennessee Rules of Civil Procedure requires that trial courts make findings of fact in bench trials.”

Sarah H. Richardson v. Benjamin N. Richardson (Tenn. Ct. App. 2021). · cites it 2× “Tenn. Code Ann. § 36-1-106 (a)(2). To determine each parent’s willingness to facilitate a relationship with the other parent, “the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the…”

In Re Autumn H. (Tenn. Ct. App. 2022). · cites it 2× “Tenn. Code Ann. § 36-1-106 (a) (2021). “While the trial court is directed to consider the appropriate factors in reaching its decision, it is not required to list each factor with the court’s conclusion about how that factor impacted the custody decision.”

Rachel Poyner Hight v. Billy Hugh Hight (Tenn. Ct. App. 2024). · cites it 2× “In particular, because the trial court ruled that it was not in Son’s best interest to relocate to Memphis, the trial court fashioned what it characterized as a “contingent plan” that would change custody of Son to Father in Code Annotated section 36-1-106(a), which are among…”

Show all 19 citing cases →

— Tenn. Code Ann. § 36-1-106(7) — 1 case

Christopher v. Sockwell (Tenn. Ct. App. 1996).

— Tenn. Code Ann. § 36-1-106(a) — 4 cases

Takesha Curtiss Nelvis v. Lafayette Baptist, Jr. (Tenn. Ct. App. 2019). “Concomitant with the duties imposed by section 36-1-106, Rule 52.01 of the Tennessee Rules of Civil Procedure requires that trial courts make findings of fact in bench trials.”

Sherry Lynn Dalrymple v. Shawn Patrick Dalrymple (Tenn. Ct. App. 2017). “On August 26, 2016, the court entered a Memorandum Opinion and Order, making findings as to the factors at Tennessee Code Annotated section 36-1-106(a); the court designated Mother as primary residential parent, determined that the children should remain in Tennessee with…”

Rachel Poyner Hight v. Billy Hugh Hight (Tenn. Ct. App. 2024). “In particular, because the trial court ruled that it was not in Son’s best interest to relocate to Memphis, the trial court fashioned what it characterized as a “contingent plan” that would change custody of Son to Father in Code Annotated section 36-1-106(a), which are among…”

In Re: Tyler P. (Tenn. Ct. App. 2015).

— Tenn. Code Ann. § 36-1-106(a)(1) — 1 case

In Re: Kira D. (Tenn. Ct. App. 2018). “Accordingly, we vacate the order of guardianship and remand for a determination of custody in light of Mother’s passing pursuant to Section 36-1-106(a)(1).6 V. CONCLUSION The trial court’s order of guardianship is vacated, and the case is remanded for further proceedings in…”

— Tenn. Code Ann. § 36-1-106(a)(14) — 1 case

— Tenn. Code Ann. § 36-1-106(d) — 1 case

In re: Jeffrey Morgan (Tenn. Ct. App. 1997).

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