Adopting a Child in Georgia

A person may petition to adopt if he or she is at least 21 (or married and living with the spouse), at least 10 years older than the child (except stepparents and relatives), a bona fide Georgia resident when filing (with an exception for some interstate placements), and financially, physically and mentally able to have permanent custody. A married petitioner files jointly with the spouse, except a stepparent, who files alone. Parents' rights must generally be surrendered or terminated, though the court may proceed without a surrender if it finds by clear and convincing evidence that the parent abandoned the child, cannot be found, is incapacitated, or (for stepparent and relative adoptions) for a year or more significantly failed without justifiable cause to communicate with or support the child, and the adoption is in the child's best interest. Before the hearing, a court-appointed agent investigates and reports.

The stepparent files alone. If both legal parents are living but not married to each other, the other parent must voluntarily surrender all rights in writing to the stepparent and consent; if only one parent is living, that parent must consent. Any guardian must also surrender rights, and a child 14 or older must consent in court. A surrender is signed under oath before a notary and an adult witness and may be revoked within four days. The court may proceed without the other parent's surrender if it finds by clear and convincing evidence that, for at least one year before filing, the parent significantly failed without justifiable cause to communicate with or support the child, or another ground applies. No home study is required, and the court may but need not appoint an investigator.