Tennessee Code Annotated
Tenn. Code Ann. § 36-1-114 (2026)
Venue
✓ current as of May 2026
- (a) The termination petition may be filed in the county:
- (1) Where the petitioners reside;
- (2) Where the child resides;
- (3) Where, at the time the petition is filed, any respondent resides;
- (4) In which is located any licensed child-placing agency or institution operated under the laws of this state having custody or guardianship of the child or to which the child has been surrendered as provided in this part;
- (5) Where the child became subject to the care and control of a public or private child-caring or child-placing agency; or
- (6) Where the child became subject to partial or complete guardianship or legal custody of the petitioners as provided in this part.
- (b) The adoption petition may be filed in any county listed in subdivisions (a)(1)-(6) or a county that is adjacent to a county listed in subdivisions (a)(1)-(6).
Amended by 2023 Tenn. Acts, ch. 263, s 15, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 875, s 13, eff. 7/1/2018.
Acts 1951, ch. 202, § 12 (Williams, § 9572.26); T.C.A. (orig. ed.), § 36-104; 36-1-104; Acts 1995, ch. 532, § 1; 2008 , ch. 1059, § 4.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1985–2024 · leading case: Scott v. Pulley, 705 S.W.2d 666 (Tenn. Ct. App. 1985).
Scott v. Pulley, 705 S.W.2d 666 (Tenn. Ct. App. 1985). “It is Miss Pulley's contention that Tenn. Code Ann. § 36-1-114 was not complied with in that the prescribed form was not used.”
State, Dept. of Human Servs. v. Hauck, 872 S.W.2d 916 (Tenn. Ct. App. 1993). “This section only applies to those cases in which the child is in the custody of the department of human services or of a licensed child-placing agency at the time of the institution of such proceedings and in which the parental rights of the child’s remaining parent have been…”
In Re Devon W. (Tenn. Ct. App. 2010). “VENUE Tenn. Code Ann. §36-1-114 provides as follows: The termination or adoption petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where the child resided when: (A) The child became subject to the care and control of a public…”
In Re Wesley P. (Tenn. Ct. App. 2015). “Venue in a termination preceding is, therefore, governed by Tennessee Code Annotated Section 36-1-114, which states: The termination or adoption petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where the child resided when:…”
Amanda Carol Croslin & Phyllis Croslin Baker v. Danny Keith Croslin, wife Betty Jean Croslin & Stanley Gardner Haskins (Tenn. Ct. App. 1997). “In an amended petition filed November 17, 1994, the petitioners further allege that the Amanda did not properly execute a consent for adoption or a surrender as required by T.C.A. § 36-1-114 (Supp. 1993). Finally, they claim that Amanda only signed the petition for adoption and…”
In Re Tyler G. (Tenn. Ct. App. 2017). “Venue in a termination or adoption proceeding is governed by Tennessee Code Annotated section 36-1-114, which states the following: The termination or adoption petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where the child…”
In Re Ethan W. (Tenn. Ct. App. 2024). “We note that DCS has not presented any issue on appeal regarding the trial court’s determination that, as pertaining to Father, DCS failed to prove by clear and convincing evidence the statutory ground of failure to manifest an ability or willingness to assume custody of or…”
State of Tennessee, ex rel., Deborah D. Willis v. Cecil Willis, Jr. (Tenn. Ct. App. 1998). “§ 36-1-114 (Supp. 1993), provides the form, criteria for, and inquiries to be made by the Court during a surrender.”
— Tenn. Code Ann. § 36-1-114(3)(A) — 1 case
In Re Wesley P. (Tenn. Ct. App. 2015). “Venue in a termination preceding is, therefore, governed by Tennessee Code Annotated Section 36-1-114, which states: The termination or adoption petition may be filed in the county: (1) Where the petitioners reside; (2) Where the child resides; (3) Where the child resided when:…”
— Tenn. Code Ann. § 36-1-114(g)(14) — 1 case
In Re Ethan W. (Tenn. Ct. App. 2024). “We note that DCS has not presented any issue on appeal regarding the trial court’s determination that, as pertaining to Father, DCS failed to prove by clear and convincing evidence the statutory ground of failure to manifest an ability or willingness to assume custody of or…”
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