We divorced and remarried — can my spouse adopt my child now in Georgia?

Yes. Georgia has a straightforward path for stepparents to adopt their stepchildren, and if you are now legally married to your child's parent, you can pursue a stepparent adoption in the Superior Court. The Georgia requirements below concern your current family, residency, consent and the other parent's role. None of them mention an earlier divorce between you and your spouse. If you have a specific worry about how your marriage history is documented, the Superior Court clerk in your county can confirm what they need to see.

Where you file: Stepparent adoptions are filed in the Superior Court in your county. Georgia has 159 counties, and each clerk's office can explain local filing details.

Residency: Georgia sets no minimum residency period for you to file (O.C.G.A. § 19-8-3).

Your child's consent: If your child is 14 or older, their consent is part of the process (O.C.G.A. § 19-8-4).

The other biological parent: This is usually the question that needs the most attention. Your spouse's former partner, the child's other parent, has a legal relationship with your child that has to be addressed.

• Georgia's abandonment period is 12 months (O.C.G.A. § 19-8-10).
• Sporadic child support payments do not prevent an abandonment finding if that parent lacks meaningful involvement in your child's life. Georgia courts look at the whole relationship, not just money.
• If the other parent objects, the court can still proceed if abandonment is proven, and the court's focus is always your child's best interest.
• Georgia allows reasonable efforts to locate an absent parent.
• Contested cases or an unknown parent depend heavily on the facts, so talk to the clerk or an attorney about that specific issue.

Background check: Georgia requires a criminal background check. Minor infractions typically don't disqualify applicants, and courts focus on your child's well-being.

Home study: Georgia waives the home study for stepparent adoptions (O.C.G.A. § 19-8-16).

Birth certificate: You will need a certified copy of your child's original birth certificate, even if another state issued it. Georgia births are handled by the Georgia Department of Public Health Vital Records.

Timeline and cost:

• A stepparent adoption in Georgia typically takes 3-6 months.
• Court filing fees run about $200-$500, and the total typical cost is under $600 when you file without an attorney.
• Attorneys in Georgia typically charge $3,000-$7,000+ for stepparent ado