O.C.G.A. 19-8-7 is the statue commonly referred to as the relative adoption statute. Relative adoptions, also known as kinship adoptions, are an increasingly common practice in Georgia, as families seek to formalize caregiving roles for children within their extended family. This process allows certain relatives — grandparents, great grandparents, aunts, uncles, great aunts and great uncles, or older siblings — to adopt children when their biological parents are unable or unwilling to care for them.
Relative adoptions provide numerous benefits to both children and families, creating a stable and nurturing environment for the child’s development. In Georgia, this legal process has specific advantages that foster long-term emotional, psychological, and financial well-being for everyone involved.
Relative Adoptions Preserve Family Bonds
One of the primary benefits of relative adoptions is the preservation of family bonds. Most often relatives that seek to adopt have custody of the minor child. This is usually because the parents left the child in their care, or the State has an open case and the relative stepped in so the minor child does not have to enter foster care.
Children who are adopted by relatives are more likely to maintain connections with their extended family and community, which provides them with a sense of continuity and stability. In many cases, children already have a relationship with the relative adopting them, making the transition smoother compared to adoption by non-relatives.
It is important to note that only the familial relationships listed above are eligible to adopt under this statute. For example, an adoption by a cousin, would not fall under this statute and you would need to utilize a different adoption statute.
Creating Emotional Stability and Security
Relative adoptions can significantly increase emotional stability for children who have already experienced trauma, neglect, or disruption in their lives. When children are placed in the care of a relative, they are more likely to feel safe, loved, and understood, as their caregiver often shares a deeper understanding of their history and needs.
This familiarity can reduce the child’s stress and anxiety compared to being placed in foster care or with a non-relative. Additionally, because the adoptive parent is a relative, the child is often able to still see or maintain a relationship with their biological parents, which can be comforting to some children.
Relative adoptions also provide stability and finality for the relative that has cared for the child a majority of the time, and prevents a biological parent from seeking to regain custody and uproot a minor child. It protects a stable home life from being destroyed if the biological parent changes their mind or decides after years that they now want the child to come back to them.
The Legal Process for Relative Adoptions
In Georgia, relative adoptions are typically faster and more straightforward than adoption by non-relatives. The state prioritizes placing children with relatives over other forms of care when biological parents are unable to provide for them. This is because the law recognizes that children are generally better off with people they know and trust, making the legal system more inclined to approve such arrangements.
The legal requirements for relative adoption in Georgia includes either securing a surrender of rights from the biological parents or requesting that their rights be terminated by the court based on criteria set out in O.C.G.A. 19-8-10.
Relative adopters must demonstrate that they can provide a stable, loving home for the child, but the process is often less complex and less costly than other types of adoption. In relative adoptions, the Court usually waives the Investigation and home study requirements. These waivers help save adoptive parents time and money.
Financial Benefits of Relative Adoptions
Adopting a relative in Georgia can also provide financial advantages. Depending on the child’s circumstances, relatives who adopt may be eligible for financial assistance, including adoption subsidies.
Georgia offers adoption assistance programs that help offset the cost of raising a child, especially for relatives who may not have been financially prepared to take on full-time caregiving responsibilities. Like all grants, certain requirements must be met in order for adoptive parents to be eligible.
Relative Adoptions Provide Legal Stability and Rights
Relative adoptions provide legal stability and permanency for both the child and the adopting family. Once the adoption is finalized, the adoptive parent gains full parental rights, which allows them to make important decisions regarding the child’s education, healthcare, and general welfare. This legal recognition also ensures that the child can inherit from the adoptive parent and have access to other legal benefits.
Without adoption, relatives who are merely acting as guardians may not have full legal authority over the child, which can complicate matters when making critical decisions or seeking medical care. It also makes it more difficult to obtain health insurance and benefits to which child may be entitled.
By formalizing the relationship through adoption, the child gains the security of a permanent home, and the adoptive parent receives the legal rights necessary to act in the child’s best interests without interference from the biological parents.
Preventing Foster Care Placement
Relative adoptions play a crucial role in preventing children from entering the foster care system. In Georgia, when a child cannot remain with their biological parents, the state prioritizes placing them with relatives to avoid foster care placement. This not only reduces the burden on the foster care system but also ensures that children stay in environments that are more familiar and comfortable for them.
Let Us Help with Your Adoption!
Relative adoptions in Georgia provide numerous benefits, including preserving family bonds, enhancing emotional and legal stability, and offering financial support. This form of adoption ensures that children are raised in familiar environments with people they already know and trust, fostering long-term well-being.
For families looking to provide a permanent, loving home for a relative child, the process offers both emotional rewards and practical advantages. Ultimately, relative adoptions create a stronger foundation for the child’s future while maintaining the integrity of family relationships.
If you live in the state of Georgia, it is imperative to choose an attorney that specializes in adoptions in Georgia. While some adoptions are less complicated than others, they all require extensive knowledge of the adoption code and process in order to finalize the adoption.
Please contact us at Brooklyn Key Law for your free adoption consultation today!
