§ 36-1-119 — Final order of adoption - When entered

Tennessee § 36-1-119

• Jurisdiction: Tennessee
• Title: 36

Text

(a) Unless the child is related to the petitioners, a final order of adoption shall not be entered before the home study has been filed with the court and before the petition has been on file at least six (6) months and before a final court report is filed with the court, except when the order is based upon a petition for re-adoption pursuant to § 36-1-106 ; however, the court, considering the petition as a whole, may deem it in the best interest of the child to reduce the waiting period to three (3) months. (b) If the child is related to the petitioners, the court may, in its discretion, waive the six-month waiting period, the orders of reference, the preliminary home study and home study, the order of guardianship or custody, and the final court report and may proceed to immediately grant an order of adoption. (c) (1) If the child has already resided in the home of the petitioners for three (3) months, the court has received the final court report concerning the circumstances of the child and the petitioners, and is satisfied that the adoption will be in the best interest of the child, the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (2) If the child was voluntarily left at a facility or in a newborn safety device pursuant to § 68-11-255 , the child has resided in the home of the petitioners for at least three (3) months, and the court has received the final court report concerning the circumstances of the child and the petitioners and is satisfied that the adoption will be in the best interest of the child, then the court may waive the six-month waiting period after the filing of the adoption petition and may enter an order of adoption. (d) If no appeal has been taken from any order of the court, the court must complete or dismiss the adoption proceeding by entering a final order within one (1) year of the filing of the petition, unless the petitioner shows good cause why such final order should not be entered. (e) If an appeal is taken from an order of the court, the proceeding must be completed by the court by entering a final order of adoption or a final order dismissing the proceeding within nine (9) months from the final judgment upon appeal, except for good cause shown by the petitioner.

Legislative History

Amended by 2023 Tenn. Acts, ch. 293, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 8, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 7, eff. 7/1/2023. Acts 1951, ch. 202, § 21 (Williams, § 9572.35); Acts 1955, ch. 320, § 4; 1959, ch. 223, § 9; 1961, ch. 150, § 5; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 36-124; Acts 1989, ch. 229, § 1; 1992, ch. 994, § 1; T.C.A., §36-1-124; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 57; 2006, ch. 890, § 3.