Can I adopt my stepchild if I'm in a same-sex marriage in Georgia?

Yes, as a married stepparent you can pursue a stepparent adoption of your stepchild in Georgia, and it is filed in the Superior Court in your county. Georgia's stepparent adoption steps are laid out below. If you have a question about how the court treats your marriage or your family's particular situation, the Superior Court clerk in your county or an attorney can confirm that for you.

Where you file: Your case goes to the Superior Court. Georgia has 159 counties, and each court can have its own local practices, so your paperwork should be prepared for your specific county.

Residency: Georgia sets no minimum residency period under O.C.G.A. § 19-8-3. You do not have to wait a set number of months in the state before you begin.

Your stepchild's consent: The child consent age is 14 (O.C.G.A. § 19-8-4). If your stepchild is 14 or older, plan for that consent to be part of your case.

The other biological parent: This is the part that depends most on your family's facts.

• Georgia's abandonment period is 12 months (O.C.G.A. § 19-8-10).
• Occasional child support payments do not prevent an abandonment finding if the parent lacks meaningful involvement in your child's life. Georgia courts look at the whole relationship, not only money.
• If the other parent objects, the court can still proceed if you can prove abandonment. Its focus is always on what is best for your child.
• If your situation is unusual, such as an unknown parent or a contested case, ask an attorney or the court clerk about that specific issue.

Home study: Georgia waives the home study for stepparent adoptions (O.C.G.A. § 19-8-16), which removes a step that can slow other kinds of adoption.

Background check: Georgia requires a criminal background check. Minor infractions typically don't disqualify applicants.

Documents: You will need a certified copy of your stepchild's original birth certificate, whichever state issued it.

Timeline and cost: Stepparent adoptions in Georgia typically take 3-6 months. Court filing fees generally run $200-$500, and the total typical cost is under $600. Georgia attorneys typically charge $3,000-$5,000+ for a stepparent adoption.

After the adoption: The other biological parent's child support obligation typically ends once the adoption is finalized. Any past-due support usually remains owed. You also gain a legal parent-child relationship with full parental rights and responsibilities, automatic inheritance rights, medical decision-making authority in emergencies, and eligibility for Social Security and insurance benefits.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child, or for one adult adoptee, and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 1422 Georgia families, and 34,000+ families nationally since 2001.