Adoption is the legal procedure through which an individual or a couple takes on the role of a parent for a child who is not biologically related to them. It entails a permanent transfer of legal rights and responsibilities from the child's biological parents or guardians to the adoptive parents.
Adoption offers an opportunity for individuals or families to grow their family and create a secure and caring setting for a child who may require a supportive home.
The child adoption process is not simple, and it involves meeting specific criteria that differ from state to state. These requirements make certain that the child is placed in a secure and nurturing environment with the adoptive parents.
To adopt a child in Georgia, it is necessary to meet the eligibility requirements set by the state and federal regulations.
The top five concerns that prospective parents often have regarding potential disqualifications for adopting a child are:
Adoption requirements prioritize the best interests of the child. In Georgia, the minimum age requirement for adoption is 21. Some adoption agencies may also have an upper age limit (typically up to 50 years old) to ensure the prospective parents can provide long-term care for the child.
Adoption agencies may stipulate that individuals seeking to adopt must be in remission from life-threatening illnesses like cancer for at least three months. This is to ensure that prospective parents can provide long-term care and support for their child.
Individuals who have a severe and enduring illness or lack a stable mental state are not eligible to adopt a child in Georgia.
Adoptive parents with a felony conviction face decreased opportunities for adoption. Nevertheless, their chances may improve if their home study indicates positive findings. If the investigation reveals that they have genuinely learned from their past actions, are committed to avoiding any future wrongdoing, and have taken steps to rectify their mistakes, they may be granted the opportunity to adopt.
However, if the offense involves child abuse, sexual misconduct, or domestic violence, it is highly probable that their application to adopt will be denied.
Adoptive parents don’t have to be very affluent or completely debt-free to be eligible for adoption, just financially secure. As long as their finances are sufficient to adequately support both the child and themselves, their economic status will not be a hindrance to the adoption process.
The factors that can lead to the disqualification of adoptive parents may differ across adoption agencies. Previously, being an LGBTQ+ parent or couple was often a common reason for potential disqualification. Certain states enacted legislation allowing private adoption agencies, particularly those with religious affiliations, to reject same-sex couples seeking to adopt. However, it is important to note that today, regardless of sexual orientation, LGBTQ+ individuals and couples have the ability to adopt in all 50 states.
Certain adoption agencies might deem single individuals ineligible for adoption since many expectant mothers considering adoption prefer two-parent households for their children. If you have concerns about specific aspects of your life impacting your adoption prospects, contact an adoption professional who can provide more information regarding adoption opportunities that are available to you.
Uncontested adoptions, where parental rights have been willingly surrendered or terminated, undergo a swift process in Georgia courts. It is not uncommon for such adoptions to be finalized between 45 and 120 days from the initial filing of the adoption petition.
Conversely, contested adoptions may take longer to progress through the court system. These adoptions involve seeking court approval to terminate a parent's rights and are subject to the procedural safeguards applicable to legal proceedings.
Adoption can be done through a private agency or through Georgia’s public sector through the Department of Family and Children Services (DCFS). The public adoption procedure in Georgia can be divided into the following stages:
Prospective adoptive parents must get in touch with the DFCS by calling 1.877.210.KIDS (5437) or by filling out the Homes for Georgia's Kids inquiry form.
Prospective adoptive families must attend an information session to acquire valuable knowledge about the adoption process and the qualifications for adopting through DFCS.
Prospective adoptive parents should successfully finish pre-service training, which encompasses subjects like parenting skills, child development, and attachment.
A social worker will perform a comprehensive home study to evaluate the adoptive family’s eligibility for adoption. This assessment involves visits to their homes, interviews with the family members, and background checks.
After the home study’s approval, the prospective adoptive parents will be matched with a child. They will have the chance to meet the child and spend quality time with them before the placement is finalized.
The child is placed with the prospective adoptive family. This is considered a permanent arrangement, and the child will be legally adopted by the family.
A court process overseen by a judge will finalize the adoption. This is the last step in the process, where the child officially becomes a legal member of the adoptive family.
The adoption process typically takes several months to conclude, and it requires patience and preparedness from the prospective adoptive family.
The initial step in the adult adoption process is to obtain the adoptee's consent to initiate the proceedings. If the individual being adopted agrees, you possess the legal right to proceed with the adoption process in the state of Georgia.
Since the adoptee is already an adult, there is no requirement to terminate any parental rights or conduct home visits to assess parental suitability. Adult adoption can often proceed more swiftly and smoothly than child adoption.
Your most crucial task is to engage an attorney who can provide guidance throughout the legal process. You will need to get written consent from the adoptee, file a motion with the court for adult adoption, and then appear before a judge to receive an official ruling. When the adoption is approved, you will be officially recognized as the other adult’s parent.
A stepparent adoption refers to the adoption of the child by the legal parent’s spouse or the child’s stepparent. In Georgia, to be eligible for stepparent adoption, the stepparent must be a resident of Georgia, at least 21 years old, and married to the child's parent. The duration of the marriage between the parent and their new spouse is not specified as a requirement.
When all parties involved agree that a stepparent adoption is in the best interest of the child, the process goes smoothly. Due to changes in the law, this option is now available to same-sex couples who are legally married.
Second parent adoption is when an unmarried individual adopts the biological child of their partner, thus becoming the child’s other legal parent. It is similar to stepparent adoption, except a stepparent is someone who is married to the child’s biological parent.
Second parent adoptions are typically suitable for LGBTQ+ or same-sex couples who are unmarried but want to have full parental rights and responsibilities over a child. A common example is when a lesbian parent gives birth to a child and her lesbian partner wants to also become this child’s legal parent.
The question as to whether second parent adoptions are legal in Georgia is complicated. While there is no state law specifically prohibiting second parent adoptions, courts at the county level may differ in their discretion. Some may allow second parent adoptions and some may not.
It is then crucial for you to consult an experienced adoption lawyer if you wish to be a child’s second parent in Georgia – especially if you are an unmarried LGBTQ partner.
Foster care serves as a refuge for children who have been taken from their biological family homes due to various traumatic experiences they have endured. The state where they reside assumes temporary custody of these children while their biological parents undertake personalized requirements aimed at regaining custody.
Foster children available for adoption range from infants to 21 years old. If you plan to adopt a younger child or an infant through foster care, the recommended approach is to initially become a foster parent. This route is typically more financially viable than adopting through an agency. However, it is important to note that there is a risk involved, as the biological parents’ parental rights may not be terminated in some cases.
In Georgia, there is currently a monthly stipend called a “per diem” for fostering a child. It is intended to cover the child's essential needs like food, clothing, and childcare expenses. The per diem amount depends on the child’s specific needs.
The Fostering Connections Act grants states the option to extend support for a child up to the age of 21 who is attending school, working a minimum of 80 hours per month, or facing a medical problem.
If parental rights are terminated, payments may continue if the child still meets the criteria for adoption assistance. Additionally, subsidies may be available to assist with specialized services such as counseling, tutoring, and other forms of support, based on the child’s needs.
Georgia allows single (unmarried) individuals to adopt a child, provided they meet the eligibility requirements outlined above. Further, state law does not specifically prohibit single LGBTQ+ individuals from adopting a child.
Private agency adoption fees can range from $12,000 to $40,000 or higher. These fees cover various expenses which include home study fees, legal fees, and agency fees required to finalize the adoption.
Alternatively, adopting through a public agency may have lower costs compared to private agencies. When adopting through the DCFS, the prospective parent will have to shoulder nominal fees such as for medical exams. However, the State also offers one-time assistance for the adoption process, which can provide as much as $1,500 per child.
A social worker visits the prospective parent's home and conducts a home study to assess their ability to provide a safe and nurturing environment for a child.
The federal government provides tax credits for adopting children. The amount changes every year. For adoptions finalized in 2024, with tax returns claimed in 2025, a family can have as much tax credit as $16,810 per adopted child.
Additionally, Georgia offers tax credits to parents or families adopting a foster child. For adoptions that occurred from 2021 onwards, an adoptive family may get $6,000 in tax credits per adopted child every year for five years. After that, the family may get tax credits of $2,000 per adopted child every year until the child turns 18.
Engaging the services of an adoption attorney in Atlanta is crucial when navigating the adoption process. Each state has its own set of adoption laws, and Georgia is no exception, with its specific rules and regulations. Failing to comply with these adoption laws can significantly impact the outcome of your adoption case. Hiring an adoption attorney is the clear solution if you are considering adopting in Georgia.
An adoption lawyer not only offers legal support and accelerates the adoption process but also assists in meeting various legal requirements, ultimately strengthening your case. Inquire about the full range of services provided by your adoption lawyer to ensure you receive comprehensive assistance.
Attorney Sharon Jackson has a proven track record of success, assisting numerous clients throughout the Atlanta region. We are eager to listen to your unique circumstances and provide guidance and support tailored to your needs.
If you’re seeking to adopt a child or adult in the metropolitan Atlanta areas of Georgia and surrounding counties, please call us. Our number is (678) 909-4100. We wish you the best and sincerely hope that you are successful in creating a new, loving family. Thank you for reading.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
