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Can a father give up his rights to his child if the custodial parent agrees to take any and all responsibility for the child?

Rockwood, TN |

My ex wants to give up his rights to our son. I already support our son financially and emotionally. Occasionally my ex pays child support. My fiance wants to adopt my son, but I think that Tennessee law says we have to be married for a year before he can adopt my son. Can I just assume all responsbility?

Also, where do I go to get this process started?

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Attorney answers 1


Generally, no. A parent cannot simply "give up their rights" to a child. There are several reasons for this, but most importantly a child should be entitled to the benefits of having two parents. The most common way to give up rights, without a fight, is to have your new spouse adopt the child and terminate the rights of the biological parent simultaneously. Again the reason is that this would ensure that the child has two parents. If you are serious you need to speak to an adoption attorney about your rights and responsibilites.

Bradley L. Henry, J.D.
800 S. Gay Street
Suite 2610
Knoxville, TN 37929
(865) 521-7422
(865) 521-7433 (Fax)

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