Who May Adopt, Be Adopted, or Place a Child for Adoption - Georgia

Date: January 2020

Who May Adopt

Citation: Ann. Code § 19-8-3

Any individual may petition to adopt a child if he or she meets the following criteria:

  • Is at least age 25 or is married and living with his or her spouse or is at least age 21 and is a relative of the child
  • Is at least 10 years older than the child, except such 10-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to § 19-8-6 or 19-8-7
  • Is a bona fide resident of this State at the filing of the petition for adoption or is a bona fide resident of the receiving State when the adoptee was born in this State and was placed in compliance with the Interstate Compact on the Placement of Children
  • Is financially, physically, and mentally able to have permanent custody of the child

Married persons must file a joint petition. The petition shall be filed by the stepparent alone if the child to be adopted is the stepchild of the party seeking to adopt.

Who May Be Adopted

Citation: Ann. Code §§ 19-8-3; 19-8-21

A child may be adopted:

Adult individuals may be adopted on giving written consent to the adoption. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child.

Who May Place a Child for Adoption

Citation: Ann. Code §§ 19-8-4; 19-8-5; 19-8-7

A child may be adopted through the Department of Human Services, any child-placing agency, or any out-of-State licensed agency only if the following applies to each parent or guardian:

  • Has voluntarily and in writing surrendered all his or her rights to the child to the department, a child-placing agency, or out-of-State licensed agency, and the department or agency thereafter consents to the adoption
  • Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction; the child has been committed by the court to the department, a child-placing agency, or out-of-State licensed agency for placement for adoption; and the department or agency thereafter consents to the adoption

Any living parent or guardian may relinquish his or her child for adoption by either of the following:

  • A relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, or sibling
  • A third party who is neither the stepparent nor relative of that child

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