Marietta Adoption Lawyers
The following information will help you understand Georgia's adoption laws and the different types of adoptions. Please contact me with specific questions because this information is only intended to be general in nature. Adoption law is governed by state statute. Therefore, it is essential that you consult an experienced adoption attorney for guidance regarding specific adoption cases.
We also offer legal services for legal guardianships, emancipation and foster parenting.
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Adoption in Georgia | Who May Adopt in Georgia | Step-Parent Adoption | Relative Adoption
Court Appearance | Final Hearing | Biological Parental Rights | Adoption Records
Adoption & Foster Care: are both legal ways to bring a child into your life, and provide a loving home for a young person. The differences in Adoption and Foster Care are:
Adoption: Adoption is a lifetime, legal commitment that is made by adults to become the legal parents of a person under 18 years of age. Through the adoption process, adults that are approved to be adopted parents assume full, life long parental authority and responsibilities for the adopted child.
Foster Care: Foster care is a temporary living arrangement for children who are under State care (Department of Family and Childrens Services), and who need a safe place to live when their parents or another relative cannot or will properly care for them. Foster children live with approved foster parents for varying amounts of time. While foster parents and foster children do typically create an interpersonal bond, foster relationships are temporary in nature.
Adoption in Georgia
Adoption in Georgia Adoption is a legal process that results in a court order declaring one person (generally a minor) to be the legal child of the adoptive parent or parents. The laws for adoption in Georgia are covered under the Georgia Adoption Code, Title 19, Chapter 8, Sections 1-26.
When an adoption is finalized, the birth parents have no legal rights to the child, are no longer responsible for the child and no longer have an obligation to support the child. In essence, the child becomes a legal stranger to his or her biological family.
There are several types of adoptions including:
- Domestic Adoption, for adopting children in the United States.
- International Adoption, for adopting children from other countries.
- Special Considerations Adoption (Domestic or International) for open adoptions, single parent adoptions, special needs children, trans-racial/cultural, relative adoptions, step-parent adoptions, and agency adoptions.
Who may adopt in Georgia? Georgia law provides that any adult single person 25 years old or older or an adult married couple may adopt a child. The prospective adoptive parents must be at least 10 years older than the child. Each adoptive parent must be a resident of Georgia, except for an adult adoption in which the adult to be adopted can satisfy this requirement.
Who may be adopted? A child may be adopted if (a) the living parents or guardians voluntarily and in writing surrender all rights to the child to a licensed adoption agency or directly to the prospective adoptive parents; (b) the child has been abandoned or has no living parents; or (c) the rights of the biological parents are involuntarily terminated through a court proceeding. In addition, the court must find that the adoption is in the child's best interest.
Step-Parent Adoption: These are adoptions in which a spouse of a biological parent seeks to become the legal parent of a child. The adoption terminates the rights of the other biological parent (not the spouse of the prospective adoptive parent). Frequently, the child's name is changed as part of the adoption. A court generally will not grant a step-parent adoption when the child's legal mother or legal father objects and is participating in the child's life in a meaningful way.
Relative Adoption: These are adoptions in which a blood relative seeks to become a legal parent of the child. The adoption statute sets forth which relationships will be classified as "relative". The adoption terminates the rights of both biological parents to the child.
Required Court Appearance: In Georgia, it is necessary for the adoptive parents to attend a court session. Part of the adoption process requires the adoptive parents to file a "Petition for Adoption" in their county of residence. The petition will culminate in a court appearance by the lawyer and the adoptive parents along with the child. The birth parents do not need to appear in court. This is a non-confrontational meeting in front of a judge.
Final Hearing & Documentation: In Georgia, after the final hearing, in addition to receiving a Certificate of Adoption and certified copy of the final adoption decree, the prospective adoptive parents will obtain a new birth certificate reflecting the adoptive parents as the child's parents and the child's new name. The original birth certificate and other court records are sealed by the court.
Biological Parent Rights: Many states have a waiting period before a birth parent can sign a surrender (or relinquishment). In addition, many states have a certain period of time after signing in which biological parents can change their mind. In Georgia, biological parents proceeding in an independent adoption can sign surrender documents any time after a child is born.
In an Agency Adoption, the biological mother and legal father of the child are not permitted to sign the surrender until 24 hours have passed from the birth of the baby. A biological father can sign a pre-birth surrender document in all types of adoption. In all adoptions, Georgia law gives the biological parents a ten-day revocation period in which they can change their mind. The last day upon which a revocation can occur must be a business day.
Adoption Records: In Georgia, after an adoption is finalized, the adoption record is sealed. The original birth certificate is also sealed. The only way the record can be accessed is by court order, or by following the procedures of the Georgia adoption reunion registry.
We offer free consultations. If you would like to learn more about adoption in Georgia, simply call 404-969-4505 or contact us online.
We are dedicated to providing families throughout Cobb, Cherokee, Dekalb, Fulton and Paulding counties in Georgia with the superior representation they need. This includes the cities of Acworth, Atlanta, Austell, Canton, Dallas, Decatur, Dunwoody, Hiram, Kennesaw, Marietta, Powder Springs, Roswell, Sandy Springs, Smyrna, Vinings, Woodstock and surrounding communities.