Adult Adoption in Tennessee: Consent, Petition, and Inheritance

Adult adoption in Tennessee lets any resident over 18 petition a Chancery or Circuit Court to legally adopt another adult, creating a full parent-child relationship with inheritance rights. The process is faster and lighter than child adoption because the state waives the home study, background investigation, and waiting period. Most cases move from filing to a signed final order in a matter of weeks, and sometimes in days, depending on the court’s calendar.¹

Who Can File and Who Can Be Adopted

Anyone 18 or older can file a petition to adopt in either Chancery Court or Circuit Court.¹ The person being adopted must also be 18 or older for the streamlined adult adoption process to apply.² There’s no required age gap between the two, so stepparents, mentors, and peers can all use the same process.

You need to live in Tennessee and have a regular place of residence in the state when you file.¹ No minimum duration applies. A separate six-month residency rule exists, but only for active-duty military members who entered service while living in Tennessee.

If you’re married, your spouse has to join the petition as a co-petitioner. The statute treats this as a requirement, not a preference.¹ The court may consider other arrangements if a spouse is legally incompetent, but otherwise both spouses appear on the filing.

Whose Consent Is Needed

For an adult adoption, only the sworn, written consent of the person being adopted is required.³ The adoptee signs under oath, and that single consent is what the court needs.

Biological parents don’t have to consent, and they aren’t necessary parties to the proceeding. The statute states plainly that biological or legal relatives of the adult are not entitled to notice of the adoption unless one of them serves as the adult’s conservator.³ That’s a real departure from child adoption, where biological parents and putative fathers hold notice and consent rights that can slow or stop the case.

If the adult has been adjudicated incompetent, the conservator’s written consent takes the place of the adoptee’s own. If no conservator has been appointed but the court has reason to believe the person cannot consent, the court appoints a guardian ad litem to investigate and decide whether to give or withhold consent on the person’s behalf.³

What Tennessee Waives for Adult Adoptions

Several procedural steps that apply to child adoption fall away when the adoptee is 18 or older. None of the following are required:³

Home study or in-home evaluation.
Order of reference or social investigation by an agency.
Putative father registry check.
Statutory waiting period before finalization.

Because no mandated delay sits between filing and hearing, the timing depends almost entirely on the court’s docket.

Preparing the Petition

The petition is filed under Tennessee Code 36-1-116, which lists the information every adoption petition must contain.⁴ The statute uses the word “child” throughout, but its framework applies to adult adoptions too. Include:

Full legal names of the petitioners. Initials or pseudonyms are allowed only with court permission to protect safety.
The adoptee’s name, birth date, and place of birth.
Jurisdictional facts, mainly your Tennessee residency.
A statement that you intend to establish a parent-child relationship with the adoptee.
Any requested new name for the adoptee.

The petition must be verified, meaning you sign it under oath.⁴ Several of the child-specific items in the statute, like showing financial ability or compliance with surrender and termination rules, don’t carry practical weight here. The adoptee’s sworn written consent, filed with the petition, resolves most of the court’s questions.

Petition forms are available from the Clerk of the Chancery or Circuit Court in the county where you plan to file. The Tennessee Department of Children’s Services also provides adoption forms through its local county offices and regional legal staff, though those forms are built primarily for child adoptions.

Filing, Fees, and the Hearing

You file the petition, the adoptee’s sworn consent, and any supporting documents with the Chancery or Circuit Court clerk in your county. Filing requires a court fee that varies by county. For reference, Davidson County’s 2026 fee schedule shows adoption filings between $133.75 and $185.75 depending on whether service fees are included.⁵ Check with your local clerk for exact amounts. A separate $30 birth certificate application fee may also apply.

Once the filing is processed, the court schedules a hearing. With no waiting period and no home study to complete, some courts can put a hearing on within days; others take a few weeks.

The hearing itself is usually short. The judge confirms both parties are present and consenting, checks the petition for completeness, and verifies the statutory requirements. If everything is in order, the judge signs the Final Order of Adoption.⁶ That order is the legal document creating the parent-child relationship. The clerk enters it into the record and forwards the necessary paperwork to the Tennessee Division of Vital Records.

How the Adoption Changes Inheritance

A final order creates a parent-child relationship identical in law to a biological one. The adoptee gains full inheritance rights from the adoptive parents and their relatives, whether through a will, a trust, or intestate succession.⁷

The other side of that coin matters just as much. Adoption cuts off inheritance rights between the adoptee and their biological family. After the final order, the adoptee cannot inherit from biological parents or their relatives, and those biological relatives cannot inherit from the adoptee.⁷ One exception: if a biological parent died before the adoption and the parent-child relationship was never terminated during that parent’s lifetime, the adoptee keeps inheritance rights through the deceased parent.

One wrinkle is specific to adult adoption. When Tennessee courts interpret wills, trusts, and deeds that leave gifts to a class such as “heirs,” “children,” or “descendants,” an adopted person is normally treated as a member of that class in the adoptive family. That rule does not apply if the adopted person was over 21 at the time of adoption.⁷ So if an adoptive grandparent’s trust names “descendants” as beneficiaries, an adult adopted at 25 may not be automatically included. Direct inheritance from the adoptive parent isn’t affected by the age-21 cutoff, but existing family trusts and estate plans may need to be updated to name the adopted adult specifically.

Name Change, New Birth Certificate, and Records

The petition can request a new name for the adoptee, and the court can order the change as part of the same proceeding.¹ That avoids a separate name-change petition and an extra filing fee.

After finalization, the Tennessee Division of Vital Records can issue a new birth certificate listing the adoptive parents. Submit a completed Certificate of Adoption form with a certified copy of the final order. The fee for a new birth certificate by adoption is $15.⁸ Once the new certificate is prepared, the original and the underlying legal documents are sealed and can only be opened by court order or a directive from the Tennessee Department of Children’s Services.

If the name changed, updating Social Security is next. The Social Security Administration issues a replacement card, and it arrives by mail within 5 to 10 business days. You can start online or call 1-800-772-1213 to schedule an appointment.⁹ After that, update your driver’s license, bank accounts, and any other records still under the former name.

The Federal Adoption Tax Credit Does Not Apply

People sometimes ask whether the federal adoption tax credit is available after adopting an adult. It is not. The Internal Revenue Code defines an “eligible child” for the credit as someone under 18, or someone physically or mentally incapable of self-care.¹⁰ A competent adult adoptee doesn’t qualify. Filing fees and attorney costs come out of pocket with no federal tax offset.

1
Justia. Tennessee Code 36-1-115 – Persons Eligible to File Adoption Petition – Residence Requirements – Preference for Foster Parents
2
FindLaw. Tennessee Code Title 36 Domestic Relations 36-1-107 – Persons Who May Be Adopted
3
Justia. Tennessee Code 36-1-117 – Parties to Proceedings – Termination of Rights of Putative Father – Consent of Parent or Guardian – Service of Process
4
Justia. Tennessee Code 36-1-116 – Home Study – Adoption Petition
5
Nashville Circuit Court. Circuit Court Filing Fees Effective January 1, 2026
6
Justia. Tennessee Code 36-1-120 – Final Order of Adoption – Contents – Report of Foreign Birth
7
FindLaw. Tennessee Code Title 36 Domestic Relations 36-1-121 – Legal Effect of Adoption
8
Tennessee Secretary of State. Rules of the Tennessee Department of Health Division of Vital Records Chapter 1200-07-01
9
Social Security Administration. Change Name with Social Security
10
Office of the Law Revision Counsel. 26 USC 23 – Adoption Expenses