Michael Oher, the former NFL tackle known for being the inspiration for the movie “The Blind Side,” filed a petition Monday in a Tennessee probate court accusing Sean and Leigh Anne Tuohy of lying to him by having him sign papers making them his conservators rather than his adoptive parents nearly two decades ago. Oher says he was “falsely advised” that it would be called a conservatorship because he was already 18 but the intent was adoption, while the Tuohys say they did it as the fastest way to satisfy the NCAA.
That’s led to speculation online about the process for adopting adults in Tennessee. Posts on social media and segments in television broadcasts claim it’s legal to adopt someone over the age of 18 in the state.
THE QUESTION
Is it legal to adopt someone over the age of 18 in Tennessee?
THE SOURCES
THE ANSWER
Yes, it is legal to adopt someone over the age of 18 in Tennessee.
WHAT WE FOUND
Adoption laws in Tennessee allow for a person to be adopted at any age. When the person is over the age of 18, the process is simplified compared to adopting younger children, as consent from birth parents is no longer needed. Only the adult being adopted needs to give consent, according to Tennessee state laws. Home studies also no longer need to be conducted.
There are many reasons why someone may choose to adopt an adult. For example, a step-parent or someone who raised a child into adulthood may wish to make their parental relationship official.
Twenty-nine states, including Tennessee, allow for the adoption of a person at any age. Other states have rules based on factors like residency, relative age or disability. For more information, click here.
The concept of adult adoptions is not new to Tennessee. “I do 2 or 3 adult adoptions a year and I have for decades,” said Tennessee adoption attorney Dawn Coppock in a blog post.
The U.S. Department of Health and Human Services’ Administration for Children and Families keeps data on those adopted with Title IV-E agency involvement (federal foster care) dating back to the year 2000. In 2004, the year when Michael Oher was signed into his conservatorship, 8% of Tennessee adoptions were of people aged 16-18. In general, adoptions at this age are not very common. In 2013, only 0.2% of public adoptions in Tennessee were of someone who was 18, and in 2015, the percentage was a lower 0.1%.
Tennessee’s Ryan McFarland Law firm shares additional terms regarding Tennessee adult adoption:
Birth parents do not have to consent to adult adoption, but they must be notified.
The only way to retain a birth parent’s parental rights in an adult adoption is for a step-parent adoption to occur.
If the adult being adopted is over the age of 21, they must be specifically named in the wills or estate planning documents of the adoptive parents because the word “child” or “heirs” will not automatically cover them.
Another common question related to Michael Oher is how adult adoptions differ from conservatorships.
According to Tennessee law, conservatorships are for a person “with a disability who lacks capacity to make decisions in one or more important areas,” placing all of their responsibilities and life decisions under the control of their conservator. They are often used for older adults and the elderly with health issues, such as dementia, that limit their ability to complete their daily tasks. For more information on conservatorships, read here.
The Associated Press contributed to this report.
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