Tennessee Code Annotated
Tenn. Code Ann. § 36-1-115 (2026)
Persons eligible to file adoption petition - Residence requirements - Preference for foster parents
✓ current as of May 2026
- (a) Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person and may request that the adopted person's name be changed.
- (b) The petitioners must have physical custody or must demonstrate to the court that they have the right to receive custody of the child sought to be adopted as provided in § 36-1-111(d)(6) at the time the petition is filed, unless they are filing an intervening petition seeking to adopt the child.
- (c) If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological parent for the petitioner's spouse to adopt the child of the legal or biological parent, and no surrender shall be necessary by such co-petitioning legal or biological parent. Such action by the legal or biological parent shall not otherwise affect the legal relationship between that parent and the child.
- (d) The petitioner or petitioners shall live and maintain their regular place of abode in this state when the adoption is filed. Nonresidents may also file a petition to adopt a child in this state if they file the petition in the county where a court granted the nonresidents, a licensed child-placing agency, or the department of children's services partial or complete guardianship or legal custody of the child, or where the child was placed in the legal custody of the licensed child-placing agency or the department of children's services.
- (e) If one (1) or both of petitioners is an active duty service member in the United States military, the service member and any co-petitioner with the service member may file a petition for adoption in this state without actual residency in this state, if the service member has lived, or maintained a regular place of abode, within this state for six (6) consecutive months immediately prior to entering military service or if this state is the service member's state of legal residence as identified to the United States military.
- (f) [Deleted by 2023 amendment.]
- (g)
- (1) When a child is placed in a foster home by the department or otherwise, and becomes available for adoption due to the termination or surrender of all parental or guardianship rights to the child, those foster parents shall be given first preference to adopt the child if the child has resided in the foster home for twelve (12) or more consecutive months immediately preceding the filing of an adoption petition.
- (2) In becoming adoptive parents, the foster parents shall meet all requirements otherwise imposed on persons seeking to adopt children in the custody of the department, and shall be subject to all other provisions of this part.
Amended by 2023 Tenn. Acts, ch. 363, s 15, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 937, s 12, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 875, s 14, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 919, s 10, eff. 7/1/2016.
Acts 1951, ch. 202, §§ 4, 40 (Williams, §§ 9572.18, 9572.52); Acts 1959, ch. 223, § 1; Acts 1961, ch. 150, § 1; 1971, ch. 232, § 1; 1971, ch. 329, § 1; 1972, ch. 612, § 7; impl. am. Acts 1975, ch. 219, § 1; Acts 1976, ch. 481, § 1; 1977, ch. 232, § 1; 1979, ch. 107, § 1; T.C.A. (orig. ed.), § 36-105; § 36-1-105; Acts 1995, ch. 532, § 1.
Notes of Decisions
Cited in 40
cases (5 in the last 5 years), 1989–2026 · leading case: In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000).
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “§ 36-l-115(a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn. Code Ann. § 36-1-115 (d)-(f) (1996), and that any living spouse of the petitioner join in the petition if the spouse is competent to do so, see Tenn.”
In Re Marr, 194 S.W.3d 490 (Tenn. Ct. App. 2005). “See Tenn.Code Ann. § 36-1-115(a) (2005) ("Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person").”
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “See Tenn.Code Ann. § 36-1-115(a) (2001) ("Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person").”
In Re: Taylor B. W., 397 S.W.3d 105 (Tenn. 2013). “See Tenn.Code Ann. § 36-1-115(c) (2010) ("[I]f the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner.”
In re Joseph F., 492 S.W.3d 690 (Tenn. Ct. App. 2016). “Mother insists that the Harvilles do not meet the statutory criteria enumerated in Tennessee Code Annotated § 36-1-115 (2014) regarding persons eligible to file an adoption petition because they did not have “physical custody” or “the right to receive custody of the child .”
In re K.A.Y, 80 S.W.3d 19 (Tenn. Ct. App. 2002). “The Trial Court also stated, in its Adoption Decree, that while it was aware of the Stuarts’ pending custody action in Juvenile Court, the Youngs had physical custody of the Children for twelve months and, therefore, were entitled to the statutory preference for adoption of the…”
In Re Sidney J., 313 S.W.3d 772 (Tenn. 2010). “” Tenn.Code Ann. § 36-1-115(b) (2005) (emphasis added).”
In the Matter of the Adoption Of: Atws, Minor Child, Ka v., 2021 WY 62 (Wyo. 2021). “); Tenn. Code Ann. § 36-1-115 (c) (“If the petitioner has a spouse living, competent to join in the petition, such spouse shall join in the petition[.”
In Re Adoption of A.K.S.R., 71 S.W.3d 715 (Tenn. Ct. App. 2001). “On appeal, DCS argues that Tennessee Code Annotated § 36-1-115 does not create a conclusive presumption.”
Johnson ex rel. Johnson v. Wilbourn, 781 S.W.2d 857 (Tenn. Ct. App. 1989). “” Section 36-1-115 provides in substance that in an adoption proceeding under this chapter a child who is fourteen years of age or becomes fourteen years of age before the granting of a final order of adoption “must also consent in chambers before judge or chancery or circuit…”
In Re Steele M (Tenn. Ct. App. 2025). “the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological…”
In Re: Adoption of M.J.S. (Tenn. Ct. App. 2000). “Some of these requirements include that the petitioner be over eighteen years of age, see Tenn. Code Ann. § 36-1-115 (a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn.”
— Tenn. Code Ann. § 36-1-115(a) — 5 cases
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “See Tenn.Code Ann. § 36-1-115(a) (2001) ("Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person").”
In Re Marr, 194 S.W.3d 490 (Tenn. Ct. App. 2005). “See Tenn.Code Ann. § 36-1-115(a) (2005) ("Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person").”
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “§ 36-l-115(a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn. Code Ann. § 36-1-115 (d)-(f) (1996), and that any living spouse of the petitioner join in the petition if the spouse is competent to do so, see Tenn.”
In Re Jeremiah N. (Tenn. Ct. App. 2017).
In re Rainee M. (Tenn. Ct. App. 2015).
— Tenn. Code Ann. § 36-1-115(b) — 7 cases
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “§ 36-l-115(a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn. Code Ann. § 36-1-115 (d)-(f) (1996), and that any living spouse of the petitioner join in the petition if the spouse is competent to do so, see Tenn.”
In Re Sidney J., 313 S.W.3d 772 (Tenn. 2010). “” Tenn.Code Ann. § 36-1-115(b) (2005) (emphasis added).”
In Re Alexander B. (Tenn. Ct. App. 2026).
In Re: S.E.J. Donald Jordan v. Donald Roberson (Tenn. Ct. App. 2009).
In re Sonya M. (Tenn. Ct. App. 2015).
— Tenn. Code Ann. § 36-1-115(c) — 6 cases
In Re Marr, 194 S.W.3d 490 (Tenn. Ct. App. 2005). “See Tenn.Code Ann. § 36-1-115(a) (2005) ("Any person over eighteen (18) years of age may petition the chancery or circuit court to adopt a person").”
In Re: Taylor B. W., 397 S.W.3d 105 (Tenn. 2013). “See Tenn.Code Ann. § 36-1-115(c) (2010) ("[I]f the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner.”
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “§ 36-l-115(a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn. Code Ann. § 36-1-115 (d)-(f) (1996), and that any living spouse of the petitioner join in the petition if the spouse is competent to do so, see Tenn.”
In Re Steele M (Tenn. Ct. App. 2025). “the petition, such spouse shall join in the petition; provided, that if the spouse of the petitioner is a legal or biological parent of the child to be adopted, such spouse shall sign the petition as co-petitioner, and this shall be sufficient consent by the legal or biological…”
In re: Amelia M. (Tenn. Ct. App. 2013).
— Tenn. Code Ann. § 36-1-115(d) — 1 case
In Re Adoption of M.J.S., 44 S.W.3d 41 (Tenn. Ct. App. 2000). “§ 36-l-115(a) (1996), that the petitioner be a resident of this state, subject to certain exceptions, see Tenn. Code Ann. § 36-1-115 (d)-(f) (1996), and that any living spouse of the petitioner join in the petition if the spouse is competent to do so, see Tenn.”
— Tenn. Code Ann. § 36-1-115(g) — 4 cases
In re K.A.Y, 80 S.W.3d 19 (Tenn. Ct. App. 2002). “The Trial Court also stated, in its Adoption Decree, that while it was aware of the Stuarts’ pending custody action in Juvenile Court, the Youngs had physical custody of the Children for twelve months and, therefore, were entitled to the statutory preference for adoption of the…”
In Re Joseph L. (Tenn. Ct. App. 2012).
In Re Noel B.F. The Dep't of Child.'s Servs. v. Veda L.M. (Tenn. Ct. App. 2011).
State of Tennessee, Dep't of Child.'s Servs. v. Amanda Hardin (Tenn. Ct. App. 2005).
— Tenn. Code Ann. § 36-1-115(g)(1) — 2 cases
In re K.A.Y, 80 S.W.3d 19 (Tenn. Ct. App. 2002). “The Trial Court also stated, in its Adoption Decree, that while it was aware of the Stuarts’ pending custody action in Juvenile Court, the Youngs had physical custody of the Children for twelve months and, therefore, were entitled to the statutory preference for adoption of the…”
In re: Adoption of A.K.S.R. & A.T.S.R. (Tenn. Ct. App. 2001).
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