Child Abandonment Laws in Tennessee
- Abandoned children can be protected by being adopted after their birth parents' parental rights are terminated.wondering children image by Pavel Losevsky from Fotolia.com
Tennessee's Code, section 36-1-102, outlines the circumstances where a child is considered abandoned. The law also has a safe haven statute allowing a mother to voluntarily surrender her infant. - In Tennessee, abandonment of a child is grounds for termination of parental rights. If a parent's rights are terminated, a foster parent, guardian or other third party can adopt the child.
- If a child has been removed from a parent's household and placed with a guardian because of abuse or neglect, the parent still has an obligation to visit and support the child. If a parent does not make arrangements to provide suitable living conditions for the child, fails to visit the child or fails to make support payments within 4 months of the removal, a child is considered abandoned. After those 4 months pass, a court can terminate the parental rights.
- If a parent has been incarcerated for 4 consecutive months and also failed to visit or support the child for 4 months prior to incarceration, Tennessee law considers the child abandoned and the parent's rights can be terminated.
- In Tennessee an expectant father is considered to have abandoned his child before birth when he does not visit the child's mother or pay support to the mother during her pregnancy for 4 consecutive months before the child's birth. That father's parental rights can be terminated, but no sooner than 30 days after the child's birth.
- A parent who has abandoned her child cannot prevent termination of her rights or adoption of the child by "repenting." Repenting by attempting to resume support payments or visitation will not undo the parent's prior failure.
- Tennessee's Code has a safe haven statute allowing others to voluntarily deliver an infant no older than 72 hours to a designated location like a firehouse or medical facility without fear of prosecution.
The child is considered abandoned, but the Department of Children's Services must provide notice in a newspaper once a week for 30 days to allow a father to come forward or a mother to change her mind and reclaim her child. After 90 days from the voluntary delivery if neither parent comes forward, the abandonment becomes permanent and parental rights are terminated.
