Adoption is a profound and life-changing process that offers children a permanent and loving home. There are several types of adoption in Georgia available, each with its own legal and emotional implications. This article explores the main types of adoptions in Georgia: adult adoption, non-relative adoption, foster care adoption, relative adoption, and stepparent adoption.
Types of Adoptions in Georgia
1. Adult Adoption (O.C.G.A. 19-8-21)
Once a person turns 18 years old, they can consent to being adopted by anyone, whether they are related to them or not. An adult adoption is one of the quickest and easiest adoptions as you are not required to serve the birth parents or get anyone’s consent besides the party being adopted.
This is a great option for young adults wanting to be adopted by their step-parent, grandparents, or other people that they have a parental bond with. An adult adoption allows either one or two people to petition to adopt the adult, and the adult has the ability to decide whether to replace only one or both parents on the birth certificate.
2. Non-Relative Adoption (O.C.G.A. 19-8-5)
A non-relative adoption, is the type of adoption utilized when potential parents want to adopt a minor child that is not related to them by blood or marriage. This type of adoption is also used when a child is related to the adoptive parents, but not closely enough to fall under the definitions set out in the relative adoption code.
For example, a cousin is not considered a person allowed to adopt under the relative adoption statute and thus, even though they are related to the minor child, they must utilize the non-relative adoption code section. In Georgia, this can be done through either a private adoption agency or an adoption attorney.
Normally, this situation arises when a close friend, church member, or someone else known to the adoptive parents but not related to the child, leave the minor child to be cared for by the prospective parents. This type of adoption involves several steps, including background checks, home studies, a home investigation, gathering the surrenders of rights from the birth parents, and other legal proceedings.
Non-relative adoptions in Georgia are the most in depth and usually lengthy because they have more requirements than any of the other adoptions. While the process can be lengthy and challenging, the permanency an adoption brings to a minor child and the adoptive parent’s life is priceless.
3. Foster Care Adoption (O.C.G.A. 19-8-4)
Foster care adoption involves adopting a child who is currently in the state’s foster care system. In Georgia, the Division of Family and Children Services (DFCS) oversees the foster care system. Children adopted pursuant to this statute are technically wards of the state and therefore the State, through DFCS, must release the foster child and consent to the adoption before the adoption can be finalized. Therefore, only approved foster homes that currently have possession of the foster child are eligible to adopt pursuant to this statute.
The law does not require any specific waiting period from the filing of a foster child adoption until the final hearing date, if all the legal requirements have been met. Therefore, this type of adoption can be heard as quickly as a court date is available. Our firm has finalized these type adoptions in Georgia in less than seven days from filing the petition!
4. Relative Adoption
Relative adoption, also known as kinship adoption, occurs when a family member adopts a child who is related to them. Relative adoptions in Georgia are often pursued when a child’s biological parents are unable to care for them, and a relative steps in to provide a permanent home. Relatives eligible to adopt are grandparents, great-grandparents, aunts, uncles, great aunts, great uncles, or siblings of the minor child. These type of adoptions in Georgia are normally less complicated than a non-relative adoptions.
5. Stepparent Adoption
Stepparent adoption occur when a current or prior stepparent adopts their spouse’s child from a previous relationship. This type of adoption in Georgia is relatively straightforward compared to other types, as the stepparent typically has an established relationship with the child and their spouse agrees to the adoption. The process involves legal steps to terminate the parental rights of only one parent and to formalize the stepparent’s legal status as the child’s parent.
Stepparent adoption can offer emotional stability and legal recognition for the stepparent’s role in the child’s life. It also provides the child with the same legal rights and benefits as a biological child.
Contact Us for Any Types of Adoptions in Georgia
Adoption is a deeply personal journey that requires careful consideration and preparation. Understanding the different types of available adoptions in Georgia can help prospective parents make informed decisions and navigate the adoption process with greater clarity. Regardless of the path chosen, adoption has the potential to transform lives and create loving, permanent families.
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!
