The adoptive parents and child acquire the same relationship and the same rights and responsibilities as in the natural parent-child relationship.

A successful adoption is probably one of the happiest of all legal proceedings. There can be complications and pitfalls, however, and because of this, anyone thinking about adoption should be fully aware of any problems that may be encountered along the way. After January 1, 1996, Tennessee's basic adoption policy is that the first concern is always for the best interest of the child. The interest of anyone else connected with the case are secondary.

Adoptions may be arranged privately or through an adoption agency operated or licensed by the state. Whether the adoption is through an agency or by private arrangement, certain procedures are alike.

An agency adoption is one in which a child is found through a state licensed adoption agency after being placed there by one or both of the natural parents. The agency will assist you in determining your own particular wants and needs and in locating a child suitable for you. The consent to an adoption, signed by a natural parent, is usually the most complicated part of any adoption proceeding and one advantage in going through an agency is that proper consent is taken care of by the agency when the child is placed for adoption and before the adoptive parents become involved.

An independent or private adoption is one in which an adoption agency is not involved. It is unlawful for anyone other than a licensed adoption agency to charge anything for services connected with an adoption and it is unlawful to sell or purchase a child. Therefore, anyone involved with a private adoption should be aware that the only exceptions where payments can be legally made or charged are payments for reasonable hospital costs actually incurred and not covered by any for of insurance for the mother and child, payments for the necessary, actual prenatal care and living expenses of the mother and child, payments for the necessary, actual living and medical expenses of the mother for a reasonable time not in excess of thirty days after the birth of the child, payments for counseling services for the birth mother, and payments for legal services and court costs for the adoption proceedings.

Generally a surrender of parental rights is executed by the birth mother and possibly the birth father. In an agency adoption, the surrender is to the agency who then determines where the child will be placed for adoption. In a private adoption, the child is surrendered directly to the adoptive parents. If the birth father does not voluntarily surrender his rights or consent to the adoption, either the agency or the adoptive parents take steps to terminate his rights. After this child is placed with a family by an agency or through a private placement, a petition for adoption is filed first.

Sometimes when the natural parents will not consent to an adoption but they have not visited or supported their child, their parental rights can be terminated as part of the adoption proceedings and the adoption can proceed without their consent. However, courts are very reluctant to terminate a parent's relationship to a child without that parent's consent.

After a petition is filed, the child is in the custody of the prospective parents for a period of from six months to one year before the adoption may become final. During this period the child's welfare is checked though visits from a court authorized agency. This is called a home study. After January 1, 1996, a home study is required at the time the petition for adoption is filed as well. At the end of the probationary period a court hearing is held in private in which the qualifications of the parents are reviewed by the court, and if satisfactory, a permanent decree of adoption is granted. Upon the granting of the final decree the child gains all the rights of a natural child of the adoptive parents and a new birth certificate will be issued which shows the adoptive parents as the legal parents of the child.

Perhaps the most common type of private adoptions are those where the adopting parent or parents are a relative of the child. Where the child is by blood a grandchild, nephew or niece of one of the adopting parents or the stepchild of the adopting parent, the court may decide to waive the probationary period and investigation of the child's welfare and the final adoption decree will be granted very soon after the court proceedings are begun.

Step-parent adoption is very common. A husband or wife may want to legally ensure the informal relationship that already exists with a child from the spouse's previous marriage. This give the step-child the same name and same rights as other members of the immediate family. Often a step-parent has lived with the child for a number of years, feels a closeness to and a responsibility for the child, and wants to make the relationship legal and permanent. It may seem a mere formality, but it is necessary if the step-parent wants the step-child to have all the same rights his natural child would have. In step-parent adoptions, as with all other adoptions, if the child is fourteen years of age or older, he or she must give her consent to the adoption. The divorced natural parent must also either give consent or have his or her parental rights terminated as part of the adoption proceedings.

Most adoptions involve children, however there is nothing which prohibits an adult from adopting another adult. The legal procedure is similar to that involved in other types of adoptions but is much simpler.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.