How old do you have to be to adopt in Georgia?

In Georgia, you must be at least 21 to adopt a child, or be married and living with your spouse. That minimum age comes from O.C.G.A. § 19-8-3(a)(1).

The age-gap rule. When adopting a child, Georgia also asks that you be at least 10 years older than the child (O.C.G.A. § 19-8-3(a)(2)). That 10-year rule does not apply when a stepparent or a relative is the one filing, so a stepparent adopting a stepchild is not held to it.

What if you're adopting an adult? Adult adoption has no age or age-gap rule. Georgia's adult adoption law (O.C.G.A. § 19-8-21(a)) says any adult may be adopted if the adult gives written consent. It sets no requirement of a particular relationship and no required difference in age between you and the person you want to adopt. An adult here means someone who is 18 or older. The petition is filed in the Superior Court of the county where any petitioner or the adult being adopted lives.

What the age rules don't tell you. Georgia's age rules cover a minimum age and an age gap, but there is nothing about a maximum age for the adopting parent. If your situation is unusual, for example a large age difference or a question about how the court will view your circumstances, the Superior Court clerk in your county or an attorney can confirm how it applies to you.

Other points that often come up alongside age:

• Court: Stepparent adoptions are filed in the Superior Court. Georgia has 159 counties, and each county's clerk can answer local filing questions.
• Residency: Georgia has no minimum residency period for a stepparent adoption (O.C.G.A. § 19-8-3).
• Child's consent: A child who is 14 or older must consent to the adoption (O.C.G.A. § 19-8-4).
• Other parent: If the other legal parent does not consent, the case may turn on abandonment, which Georgia ties to a 12-month period (O.C.G.A. § 19-8-10). Contested situations depend on the facts, so an attorney can advise you on your specific case.
• Home study: A home study is waived in stepparent adoptions (O.C.G.A. § 19-8-16).
• Timeline and cost: Stepparent adoptions typically take 3-6 months, and adult adoptions typically take 4-8 weeks. Court filing fees generally run $200-$500, and your clerk can confirm the current amount.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and you file them yourself without an attorney. The price is $349 for the first child (or for one adult adoptee), plus $99 for each additional child, and we back the package with a 100% court acceptance guarantee. We have helped 1422 Georgia families, and 34,000+ families nationally since 2001.