Adoption is a life-changing journey—for children, birth parents, and adoptive families alike. If you’re researching Georgia adoption laws, you’re probably looking for clear answers without confusing legal terms. You want to know who can adopt, how consent works, what the process looks like, and what mistakes to avoid.
This guide explains Georgia adoption laws in simple, everyday language. Whether you’re hoping to adopt a child, considering placing a child for adoption, or just learning your options, this article will help you understand how adoption works in Georgia and what to expect.
What Is Adoption Under Georgia Law?
Adoption is a legal process that permanently creates a parent-child relationship between a child and adoptive parent(s). Once an adoption is finalized in Georgia:
- The adoptive parents become the child’s legal parents
- The birth parents’ legal rights end
- The child gains the same rights as a biological child, including inheritance rights
Adoption is meant to provide a safe, permanent, and loving home for a child.
Who Can Adopt a Child in Georgia?
Georgia law allows many different people to adopt, as long as adoption is in the best interest of the child.
You may be eligible to adopt if you:
- Are at least 25 years old (or 21 if married)
- Are single or married
- Are financially and emotionally stable
- Can pass background checks and a home study
Georgia does not require adoptive parents to own a home or earn a certain income level—stability matters more than wealth.
Who Can Be Adopted in Georgia?
Georgia adoption laws allow the adoption of:
- Infants
- Children in foster care
- Stepchildren
- Relatives (kinship adoption)
- Adults (with consent)
Each type of adoption has slightly different rules, but the overall process is similar.
Types of Adoption in Georgia
- Agency Adoption
Agency adoptions are handled through licensed public or private adoption agencies.
Agencies typically:
- Match children with adoptive families
- Provide counseling
- Conduct home studies
- Guide families through legal steps
This is common for infant and foster care adoptions.
- Independent (Private) Adoption
In a private adoption, birth parents and adoptive parents work directly with attorneys instead of an agency.
Georgia allows private adoptions, but strict legal requirements must be followed to ensure the adoption is voluntary and lawful.
- Foster Care Adoption
Children in Georgia’s foster care system may become available for adoption if reunification with birth parents is no longer possible.
Foster care adoption often:
- Has low or no adoption fees
- Includes financial assistance
- Involves older children or sibling groups
- Stepparent Adoption
A stepparent may adopt their spouse’s child if:
- The other biological parent consents, or
- The court terminates that parent’s rights
Stepparent adoptions are usually faster and less complex.
- Relative (Kinship) Adoption
Grandparents, aunts, uncles, or other relatives may adopt a child to keep them within the family.
Courts often support kinship adoptions when they provide stability.
Consent Rules Under Georgia Adoption Laws
Consent is one of the most important parts of the adoption process.
Birth Mother’s Consent
In Georgia:
- Consent cannot be signed until at least 24 hours after birth
- Consent must be written and witnessed
- Consent must be voluntary
This waiting period helps ensure decisions are not made under pressure.
Birth Father’s Consent
A birth father’s consent may be required if:
- He is legally recognized as the father
- He has supported or attempted to support the child
- He has established a relationship with the child
If the father is unknown or uninvolved, the court may allow adoption after proper notice.
Can a Birth Parent Change Their Mind?
Georgia law makes adoption consent very difficult to revoke once it is signed.
Consent may only be withdrawn in rare situations, such as:
- Fraud
- Duress
- Coercion
This protects the stability of the adoption process.
Home Study Requirements in Georgia
Most adoptions require a home study, which is an evaluation of the adoptive household.
A home study usually includes:
- Criminal background checks
- Child abuse registry checks
- Interviews with family members
- A home safety inspection
- Review of health and finances
The purpose is to ensure the child will be placed in a safe and supportive home.
Termination of Parental Rights
Before adoption can be finalized, the birth parents’ legal rights must be terminated.
Termination may happen through:
- Voluntary consent
- Court action due to abandonment, neglect, or unfitness
Without termination, adoption cannot proceed.
Finalizing an Adoption in Georgia
After all legal requirements are met, the court schedules a final adoption hearing.
At the hearing:
- A judge reviews the case
- Confirms adoption is in the child’s best interest
- Issues a final adoption decree
After finalization, the child receives a new birth certificate listing the adoptive parents.
Open vs. Closed Adoption in Georgia
Georgia allows both open and closed adoptions.
Open Adoption
- Some level of contact between birth parents and adoptive family
- Contact terms are usually voluntary
Closed Adoption
- No contact after adoption
- Records are sealed
Informal contact agreements are generally not legally enforceable unless included in a court-approved agreement.
Adoption Costs in Georgia
Adoption costs depend on the type of adoption.
Costs may include:
- Agency fees
- Attorney fees
- Court filing fees
- Home study costs
Foster care adoptions often cost little or nothing and may include monthly support.
Financial Assistance for Birth Mothers
Georgia allows reasonable financial assistance for:
- Medical care
- Counseling
- Legal expenses
- Pregnancy-related living costs
All payments must be disclosed and approved to avoid improper influence.
Adoption and the Indian Child Welfare Act (ICWA)
If the child is Native American or eligible for tribal membership, ICWA may apply.
ICWA adds special rules to:
- Protect tribal connections
- Set placement preferences
- Require tribal notification
These cases follow additional legal steps.
Common Mistakes to Avoid in Georgia Adoptions
- Skipping required home studies
- Using unlicensed facilitators
- Making improper payments
- Relying on verbal agreements
- Failing to notify all legal parents
Mistakes can delay or even invalidate an adoption.
Do You Need a Lawyer for Adoption in Georgia?
While not legally required in every case, an adoption lawyer is strongly recommended for:
- Private adoptions
- Stepparent adoptions
- Contested cases
- ICWA-related adoptions
Legal guidance helps ensure the adoption is secure and permanent.
Final Thoughts
Georgia adoption laws are designed to protect children while creating stable, lifelong families. While the process involves important legal steps, it becomes much less intimidating when you understand how consent, home studies, and court approval work.
Whether you’re adopting an infant, a foster child, or a stepchild, knowing Georgia adoption laws helps you move forward with confidence—and focus on what truly matters: building a loving family.
Quick FAQs
How long does adoption take in Georgia?
It varies, but many adoptions take several months to a year.
Can single people adopt in Georgia?
Yes.
Is there a waiting period after birth for consent?
Yes, at least 24 hours.
Are adoption records sealed?
Yes, in most cases.
