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How Grandparents Can Legally Adopt Their Grandchildren in Georgia

by Sharon Jackson  on December 7, 2024 under 

Just when you thought you had retired, life throws you a curveball. In Georgia, grandparents often step in to raise their grandchildren during challenging times. Whether the child’s parent is battling drug addiction, has passed away, or is otherwise unable to care for their children, grandparents frequently provide the loving and stable environment these children need. However, informal caregiving can leave both grandparents and the children vulnerable. Legal adoption requires commitment to raise the child through age 18, but offers security, giving grandparents full parental rights while protecting the child’s future. 

If you are a grandparent considering adoption in Georgia, here’s what you need to know.

If you're a grandparent raising your grandchild, contact Sharon Jackson Attorney
today to discuss your adoption options.


Why Grandparents Pursue Adoption

Grandparents often step into the parental role due to circumstances such as:

  • Parental Substance Abuse: Addiction can render a parent unable to care for their child, forcing grandparents to provide a safe and stable home. The opioid and fentanyl crisis leaves thousands of children without a biological parent who can properly care for them each year.
  • Death of a Parent: Losing a parent leaves children emotionally and legally adrift. Grandparents who adopt can ensure continuity and stability.
  • Parental Incapacity: Whether due to incarceration, mental illness, child abuse, neglect, or abandonment, some parents are unable to fulfill their responsibilities, leaving grandparents as the best option.

The Benefits of Adoption

While informal caregiving is common, formal adoption provides legal and practical benefits, including:

  • Full Legal Authority: Adoption gives you the legal right to make decisions about the child’s education, healthcare, and other critical matters.
  • Financial Support: You may qualify for financial aid, benefits, or tax credits that are only available to legal and adoptive parents.
  • Stability for the Child: Adoption ensures that the child is legally recognized as your dependent, which can ease transitions and provide emotional security.

Ready to secure your grandchild’s future?
Learn how we can help—
schedule a consultation today.


The Adoption Process for Grandparents in Georgia

Adopting as a grandparent involves several steps:

  1. Parental Rights Termination: Before adoption can proceed, the biological parent(s) must have their parental rights terminated voluntarily or through a court order. This may happen if the parent is unfit due to addiction, abandonment, or other reasons.
  2. Filing a Petition: You’ll need to file an adoption petition with the court in the county where you reside. Adoption cases are different from other family law matters. The forms have to completed with precision and its not a DIY project.
  3. Background Check and Home Study: While the process may be streamlined for grandparents, the court still requires a home study and background check for all adults residing in the home to ensure the child’s well-being.
  4. Court Hearing: A judge will review your case and, if satisfied, grant the adoption.

This is a confusing and stressful process that you likely never anticipated or planned for.  You simply want to do the right thing by your grandchild. We can help! For guidance and representation throughout this process, visit Sharon Jackson Attorney for trusted legal support.


Georgia Law on Grandparent Adoption

Georgia law recognizes the importance of grandparent caregivers. According to O.C.G.A. § 19-7-3, grandparents who have been raising a child for an extended period may have standing to seek custody or adoption. Adoption, however, permanently severs the legal relationship between the child and their biological parent(s), which is an important consideration.


Resources for Grandparent Caregivers

If you’re a grandparent raising your grandchild, you’re not alone. There are resources available to help you navigate this journey.

  • Grandfamilies.org provides information and resources for grandparents and other relatives raising children. Visit Grandfamilies.org.
  • Georgia Division of Family & Children Services (DFCS): DFCS offers assistance for grandparents and relatives through the Kinship Care Program. Learn more about Kinship Care.

How Attorney Sharon Jackson Can Help

Adopting a grandchild can be a complex process, but you don’t have to face it alone. We understand that many grandparents have never had to hire a lawyer in their entire life and don’t know what to expect. It is our privilege to help you.  Attorney Sharon Jackson has extensive experience in family law, helping grandparents in Gwinnett County and Metro Atlanta achieve legal rights and stability for their families.

To discuss your case and learn how adoption can benefit your family, contact Attorney Sharon Jackson today. Let’s work together to provide the security and stability your grandchild deserves.

As a divorce and child custody attorney in Gwinnett County, Attorney Sharon Jackson LLC is ready to guide you. Filing for divorce first in Georgia matters, and we can help you navigate the process. Call (678) 436-3636 today to schedule a consultation.

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