Can a same-sex stepparent adopt in Georgia?

Yes, if you are a stepparent in Georgia, you can petition to adopt your stepchild in Superior Court, and the steps below are the same ones every stepparent follows. None of the Georgia requirements we work from depends on whether you and your spouse are a same-sex or different-sex couple. They look at your relationship to the child, the other parent's consent or abandonment, and the child's wishes.

Where you file: The Superior Court in your county. Georgia has 159 counties, and each clerk's office can tell you about local filing steps.

What the process looks like for you:

• Residency: Georgia sets no minimum residency period for a stepparent adoption (O.C.G.A. § 19-8-3).
• Child's consent: If your stepchild is 14 or older, their consent is part of the process (O.C.G.A. § 19-8-4).
• The other legal parent: The other parent either consents, or the court finds abandonment. Georgia's abandonment period is 12 months (O.C.G.A. § 19-8-10). Sporadic child support does not by itself rule out an abandonment finding, because courts look at the whole relationship. If the other parent objects, the court will proceed if abandonment can be proven, and its focus is always your child's best interests.
• Home study: Waived for stepparent adoptions in Georgia (O.C.G.A. § 19-8-16).
• Background check: Georgia requires a criminal background check. Minor infractions typically don't disqualify applicants.
• Timeline: Typically 3-6 months.
• Court filing fee: Typically $200-$500, depending on the county.

Common family situations: A wife adopting her wife's child, or a husband adopting his husband's child, from a prior relationship follows the stepparent path above. Your child's birth certificate from the state that issued it will be needed, and we guide you on getting a certified copy.

What the other parent's rights look like afterward: Once the adoption is finalized, the other biological parent's child support obligation typically ends. Past-due support usually remains owed.

Where the answer depends on your facts: The Georgia information we work from does not address adoption by a partner who is not married to the child's parent, sometimes called second-parent adoption. It also does not cover cases where the other legal parent is unknown or the case is contested. For those situations, please ask the Superior Court clerk in your county or an adoption attorney about your specific circumstances. The same goes for any concern about how your particular case will be handled.

After the adoption: Adoption gives you a legal parent-child relationship with full parental rights and responsibilities.