What are Georgia's adoption laws?

Georgia stepparent adoption is governed by Official Code of Georgia Title 19, Chapter 8, and it is filed in the Superior Court in your county. Georgia has 159 counties, each with its own Superior Court. Here are the main points a parent or stepparent should know.

Residency: Georgia sets no minimum residency period (O.C.G.A. § 19-8-3), so you don't have to wait a set number of months before filing.

Child's consent: A child who is 14 or older has a role in the adoption under O.C.G.A. § 19-8-4. For younger children, the court clerk can confirm how the court handles the child's wishes.

Abandonment: When the other biological parent does not consent, the 12-month abandonment standard in O.C.G.A. § 19-8-10 comes into play. Georgia courts look at the whole relationship between that parent and your child, not just money. Occasional child support payments don't prevent an abandonment finding if the parent has no meaningful involvement in your child's life. If the other parent objects, the court can still move forward if abandonment is proven, and its focus is always what is best for your child. Contested cases depend on the facts, so an attorney can advise you on your specific situation.

Termination of rights: Georgia does not require a separate termination case for a stepparent adoption.

Home study: Home studies are generally waived for stepparent adoptions (O.C.G.A. § 19-8-16).

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

Timeline: A stepparent adoption of a minor typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Costs: Court filing fees generally run $200-$500, and the typical total cost with a document service is under $600. Attorneys commonly charge $3,000-$5,000 or more for the same adoption.

Paperwork: You will need a certified copy of your child's original birth certificate, whichever state issued it. If your child was born in Georgia, the Georgia Department of Public Health Vital Records is the agency that handles it.

After the adoption: Once the adoption is final, the other biological parent's child support obligation typically ends, though past-due support usually remains owed. The adoption creates a legal parent-child relationship with full parental rights and responsibilities, and it includes:

• Automatic inheritance rights
• Medical decision-making authority in emergencies
• Eligibility for Social Security and insurance benefits
• The option of a matching last name

For details the law leaves to local practice, such as a particular county's filing procedures, the Superior Court clerk in your county can confirm what applies to you.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.