In this guide · 12 sections
The short answer: stepparent adoption in Georgia is filed in superior court under the stepparent adoption statute (O.C.G.A. § 19-8-6), and in most cases the other parent never signs anything. Georgia law lets the adoption go forward without his surrender of rights when, for a year or longer, he has significantly failed without justifiable cause to communicate with or support the child, when he has abandoned the child, or when he can't be found after a diligent search (O.C.G.A. § 19-8-10). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent: the father never signed, and the judge approved the adoption anyway. Here are the answers to the questions Georgia families ask us most.
Can I Adopt My Stepchild in Georgia if the Other Parent Won't Consent?
Yes. This is the most common situation we see, and Georgia law is built for it. In Georgia, a parent who agrees to the adoption signs a "surrender" of his parental rights. Under O.C.G.A. § 19-8-10, the court can grant the adoption without that surrender when it finds, by clear and convincing evidence, that the parent:
- Has abandoned the child
- Can't be found after a diligent search
- For a year or longer before the petition was filed, without justifiable cause, has significantly failed to communicate, or to make a bona fide attempt to communicate, with the child in a meaningful, supportive and parental manner
- For that same period, has significantly failed to provide for the child's care and support as required by law or court order
- Is incapacitated from surrendering his rights, or meets another ground the statute lists
The court also finds that the adoption is in the child's best interest. In a stepfamily where you've been raising the child, that's usually the easy part.
Georgia's standard asks whether the parent communicated in a "meaningful, supportive, and parental manner." An occasional birthday text or a single phone call over the course of a year generally isn't that. Courts look at the whole pattern.
What if he does agree?
He signs a surrender of his rights. Georgia gives a parent four days after signing to revoke a surrender by written notice. After that, it can't be revoked. Consent cases are usually the most predictable of all.
What if he has passed away?
No surrender is needed. You include a certified copy of the death certificate with your petition.
What Is the Stepparent Adoption Process in Georgia?
Georgia's stepparent adoptions have their own section of the adoption code, O.C.G.A. § 19-8-6, separate from agency and third-party adoptions. The sequence looks like this:
- Prepare the petitionPlus the surrender, or the facts for a § 19-8-10 ground
- File in superior courtWith the clerk in your county
- Background check and noticeFingerprints; service or publication on the other parent
- Final hearingThe judge signs the final order
A few Georgia rules make this easier for stepparents. You must be a bona fide Georgia resident when you file (O.C.G.A. § 19-8-3). Married people normally have to petition together, but a stepparent adopting a stepchild files alone. And Georgia's usual rule that an adoptive parent be at least 10 years older than the child doesn't apply to stepparent petitions.
Georgia also requires each stepparent petitioner to complete a fingerprint-based criminal history check through the Georgia Crime Information Center, with results going to the court. Some courts, such as the Cherokee County Superior Court, spell out their requirements in a local standing order, so check your county's rules.
What Paperwork Do I Need?
- The child's certified birth certificate
- Your marriage certificate
- Prior divorce decrees and any custody or support orders
- The other parent's signed surrender, or the facts and records supporting a § 19-8-10 ground: a contact log, child support payment history, and a record of your search if he can't be found
- A death certificate, if applicable
- Your stepchild's written consent, if 14 or older
StepParent Adoption 360 prepares your complete Georgia document package for $349, built from your answers to a guided questionnaire, with step-by-step filing instructions. Start free and save your answers as you go, or see what's included and what courts charge.
How Much Does Stepparent Adoption Cost in Georgia?
Our Georgia document package is $349 for the first child, plus $99 for each additional child. The court-side costs are paid separately and vary by county:
| Cost | Where to confirm |
|---|---|
| Superior court filing fee | Your county clerk of superior court |
| Fingerprint background check | The fingerprinting vendor and your court's instructions |
| Service on the other parent, or newspaper publication | The sheriff or process server, or the newspaper |
| Any investigation the court orders | The court's appointment order |
| Certified copies of the final order | Your clerk |
Ask your clerk whether you qualify to file without paying fees if money is tight. See our stepparent adoption cost guide for more.
What if I Don't Know Where the Other Parent Is?
You can still adopt. Georgia's statute speaks to this directly: a parent who "cannot be found after a diligent search" is one of the grounds for going forward without his surrender. Do a real search (last known addresses, relatives, social media, public records) and keep a dated log of what you tried. The court can then authorize notice by publication in a newspaper. If he doesn't respond, the case moves on. Georgia courts handle this routinely.
How Long Does Stepparent Adoption Take in Georgia?
Many uncontested Georgia stepparent adoptions finish within a few months. The pace is set by three things: your superior court's calendar, the background check, and any notice or publication period for the other parent. The one part fully in your control is the paperwork. A complete, accurate petition filed with every exhibit is the fastest route to your hearing.
Does My Stepchild Need to Consent?
If your stepchild is 14 or older, Georgia requires the child's written consent to the adoption, given and acknowledged in front of the court. A younger child doesn't sign a consent, and the judge still considers the child's best interest throughout. In our experience, older children are often the adoption's most enthusiastic supporters, and their part of the hearing is one of the most moving moments in the process.
Will My Stepchild's Last Name Change?
Only if you ask for it. You can request the child's new name as part of the adoption, and when you do, the final order and the new birth certificate show the new name. After the final order, request an amended birth certificate from the vital records office in the state where your child was born, then update Social Security, the passport, school and medical records with certified copies of the order.
Is a Home Study Required in Georgia?
Not automatically. A full home study isn't a standard step in a Georgia stepparent adoption. The court may appoint the Division of Family and Children Services or another agent to investigate, and if it does, DFCS works from that court appointment. What is required of every stepparent petitioner is the fingerprint background check.
Do I Need a Lawyer?
Georgia doesn't require one for a stepparent adoption, and many families prepare their own papers. If the other parent actively contests the adoption, that's the time to talk with a Georgia attorney. For most families, it never comes to that. Read our full Georgia stepparent adoption guide or the Georgia state guide for more detail.
Frequently Asked Questions
Can I adopt my stepchild in Georgia without the other parent's consent?
Yes. If for a year or longer he has significantly failed, without justifiable cause, to communicate with or support the child, has abandoned the child, or can't be found after a diligent search, Georgia law lets the adoption go forward without his surrender (O.C.G.A. § 19-8-10). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other parent's consent.
How long does stepparent adoption take in Georgia?
Many uncontested cases finish within a few months. Your superior court's calendar, the background check and any publication period are the main factors.
What does stepparent adoption cost in Georgia?
StepParent Adoption 360's Georgia document package is $349, plus $99 for each additional child. Court filing fees, the fingerprint background check, service or publication, and certified copies are separate and vary by county.
What if the other parent has completely disappeared?
Georgia allows the adoption to go forward when a parent can't be found after a diligent search. Document your search, and the court can authorize notice by publication.
Does my stepchild have to consent in Georgia?
Yes, if the child is 14 or older. The consent is written and acknowledged in front of the court.
Do both my spouse and I have to file the petition?
No. Georgia requires the stepparent to file the petition alone when adopting a stepchild (O.C.G.A. § 19-8-3).
About the Author
Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.
Sources: Child Welfare Information Gateway, "Consent to Adoption: Georgia" and "Who May Adopt, Be Adopted, or Place a Child for Adoption: Georgia" (summarizing O.C.G.A. §§ 19-8-3, 19-8-4, 19-8-6, 19-8-9 and 19-8-10); Child Welfare Information Gateway, "Stepparent Adoption" factsheet; Superior Court of Cherokee County, Adoption Standing Order (2025), citing O.C.G.A. §§ 19-8-6 and 19-8-16; Georgia DFCS policy manual § 11.23. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.
EXPERIENCE THAT COUNTS
34,000+ families. One family at a time.
Helping families with stepparent and adult adoption documents since 2001. Our experience is built around the details families need to get their paperwork ready.
The savings estimate uses 30,000 families × approximately $4,000 in attorney-fee savings per family. The consent figure reflects our completed cases, as reported by our founder; it does not determine the legal requirements for your case. Actual fees and requirements vary.
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Keep learning: related questions
- Can a father on a life sentence have his parental rights terminated in Georgia?
- Can I adopt my stepchild if the bio father is in prison for a long sentence in Georgia?
- Can I adopt without being married in Georgia?
- Can I afford stepparent adoption in Georgia without an attorney?
- Can stepparent adoption in Georgia be done faster?
Official sources & further reading
Official resources for further reading. Court requirements vary by state; federal programs have separate eligibility rules. Links naming another state explain that state’s rules.
General information from a document preparation service, not a law firm. For advice about disputed consent, inheritance, immigration, or another individual legal issue, consult an attorney.
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