State Recognition of Intercountry Adoptions Finalized Abroad - Tennessee

Date: April 2018

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption

Citation: Ann. Code § 36-1-106(c)

With respect to a child sought to be readopted under the laws of this State who has been previously adopted pursuant to the laws of a foreign country, the court may enter new orders of adoption as required by any requirements of the U.S. Government for children who were adopted in foreign countries.

If an adoption was conducted in accordance with the laws of the foreign jurisdiction, no further termination of parental rights of the child's parents, home study, court report are required, and no time period for which an adoption petition must be on file before a final adoption order is entered shall be required. Further, no consultation of the putative father registry is required, and the affidavits otherwise required by § 36-1-120(b)(1)-(2) need not be filed if the attorney, social worker, or child-placing agency that provided professional services in the foreign adoption does not maintain an office in the United States.

When a Tennessee resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the U.S. Government, such resident may file, with a petition, a copy of the adoption decree that evidences finalization of the adoption in the foreign country, together with a certified translation of the decree if it is not in English, and proof of full and final adoption from the U.S. Government with the clerk of court of any county in this State having jurisdiction over persons filing such documents.

The court shall assign a docket number and file and enter the required documents with an order recognizing such foreign adoption without the necessity of a hearing. Such order, along with the final decree, order, or certificate from the foreign country, shall have the same force and effect as if a final order of readoption were granted in accordance with the provisions of this part.

Application for a U.S. Birth Certificate

Citation: Ann. Code §§ 36-1-120(f); 68-3-310(5)

All final orders of adoption must be reported by the clerk to the Division of Vital Records of the Department of Health by sending a certified copy of the order or certificate of adoption and by reporting the information required by the division for a new certificate of birth or a report of foreign birth for the child. The court clerk shall supply the division the following information for the preparation of a report of foreign birth if the child who has been adopted was born in a foreign country:

  • The full adoptive name of the child
  • The adopted child's date of birth and sex
  • The city, province, and country of the adopted child's birth
  • The full name of the adoptive father
  • The full maiden name of the adoptive mother
  • The legal residence of the adoptive parents

The State registrar shall prepare a report of foreign birth for a child not born in any State, territory, or possession of the United States whose adoptive parents are residents of Tennessee when the required adoption papers have been received from a court of competent jurisdiction in Tennessee.