Everything You Need to Know About Stepparent Adoption in Georgia: Your FAQs Answered

Making the decision to adopt can be an amazing one, especially when all parties agree on it. However, it is necessary to understand Georgia family law regarding stepparent adoption, including what it could mean for you. At Attorney Sharon Jackson LLC, we can help you navigate the Georgia adoption process as your family law attorney in Georgia.

What Is Stepparent Adoption in Georgia?

Stepparent adoption occurs when the stepmother or stepfather of the child becomes the legal parent of the child. In doing so, the stepparent assumes all parental rights for that child, equal to that of a biological parent. Georgia law requires that the stepparent apply or petition the court to adopt a stepchild only if the rights of the biological parent are terminated or an agreement with the custodial parent is in place.

Consider the following stepparent adoption FAQ, and then contact our legal team to learn more about your rights in your particular situation.

FAQs About Stepparent Adoption in Georgia

✔️ Eligibility Requirement for Stepparent Adoption in Georgia

Stepparent adoption in Georgia has specific requirements to follow. To adopt under Georgia law, the following must be presented:

• The adoptive parent must be at least 21 years of age or married and living in the same home as the spouse.
• Be a resident of Georgia at the time or the resident of the receiving state when the child was born in the state or was a resident of the state at the time.
• Be financially, physically, and mentally able to have permanent custody of the child.

The goal of stepparent adoption is to enable the stepparent to maintain financial and legal responsibility for the stepchild.

✔️ When Is Stepparent Adoption Appropriate?

Every situation is very different when it comes to the role that a child's stepparent plays in their lives. In some situations, a stepparent may have been present most of the child's life and always filled the rule of a second parent but did not maintain the legal right of adoption.

Common reasons for stepparent adoption include:

• The stepparent gains legal rights over the stepchild. This can provide stability within the home.
• The stepparent can make decisions for the child related to education or healthcare.
• Stepparent adoption can help to solidify the relationship, allowing stepparents to provide supportive care during difficult times.
• The biological parent is absent and does not play a role in the child's life.
• The biological parent is unfit in some way.

The adoption process in Georgia follows all other family law requirements in that the decision to award the adoption typically is dependent on what is best for the child.

✔️ How Does the Stepparent Adoption Process Work in Georgia?

Under Georgia family law, a stepparent will need to apply for or petition the court to adopt their stepchild. This is done only after the biological parent's rights are legally terminated and with consent from the other parent, most often the custodial parent. In situations where one parent died, only the permission of the custodial parent is necessary.

Note that terminating the rights of biological parents results in a termination of all parental rights. This includes the termination of child support orders and other duties typically held by the child's biological parent.

✔️ What Legal Documents Are Required for Stepparent Adoption in Georgia?

The first step is for an acknowledgment of the biological parent's rights to be terminated. This requires providing the court with legal proof that this has occurred. That information is then verified.

• The stepparent must then open a case for adoption by filing a petition with the court.
• The court will require very specific paperwork to be filed and filled out properly. This includes documentation of financials, letters of recommendation, and other data that shows the stepparent's ability to provide good care for the child.
• Home visits and interviews with the court may be necessary. These are scheduled to provide an opportunity for the court to interact with the child and ensure the child's home is safe.

✔️ Does the Biological Parent Need to Consent?

As noted, the law requires the biological parent's rights to end. However, this may be done in one of several ways. In many cases, consent for stepparent adoption occurs in which the biological parent agrees to the adoption and signs documentation attesting to this.

If the other parent refuses to consent, the court does have the right to intervene and terminate that parent's rights. However, it does not make this decision lightly and, in most situations, are not likely to act in such a way unless there is a justifiable reason to do so, which tends to be extreme, such as showing abuse or abandonment.

What Happens If the Noncustodial Parent Objects to the Adoption?

In these situations, the court must decide if it is in the best interest of the child. If there is resistance, and you, as the custodial parent, believe that termination of rights is in order, it is critical to petition the court to move the process forward, providing a clear reason for why it should occur.

✔️ Impact of Stepparent Adoption on Child Custody and Visitation

If the court approves the adoption, the stepparent's rights get put into place, and those rights and obligations held by the biological parent end. When it comes to custody and adoption in Georgia, the termination of rights terminates all responsibility of the biological parent. They no longer maintain custody or visitation rights.

✔️ What Are the Costs of Stepparent Adoption in Georgia?

While it may not seem like the cost would be high, there is a great deal of legal work that goes into this process, especially if the other parent does not give consent. Working with a family law attorney in Georgia is critical. Many factors play a role in this cost, which can range from $2500 up to $3500.

✔️ How Long Does the Stepparent Adoption Process Take in Georgia?

The timeframe for adoption depends on various factors, including whether termination of the parent's rights is already in place. Expect the process to take several months to complete, depending on the court's requirements.

Learn More About Adoption in Georgia

• Ultimate Guide To Adoption in Georgia
• How Grandparents Can Legally Adopt Their Grandchildren in Georgia
• Same-Sex Adoption in Georgia: Understanding Surrogacy and IVF in LGBT Family-Building 

Schedule an Adoption Consultation with A Georgia Family Law Attorney Now

Turn to Georgia Family Law Attorney Sharron Jackson LLC, for a consultation to discuss your adoption options. With 20 years of experience in Gwinnett County, Attorney Sharon Jackson has earned the trust of many Georgians for Family Law matters. Ms. Jackson’s adoption assistance has been effective for parents wanting to expand their families. Call our office today at (678) 436-3636.