Step-Parent Adoption in Georgia: A Complete Guide

Stepparent adoption allows a married person in Georgia to legally become the parent of their spouse’s child. It’s not an easy process, but it’s very worthwhile, and working with an adoption lawyer means you’ll fully understand your rights and get through the process as smoothly as possible.

A Georgia Stepparent Adoption Guide

This process differs from other types of adoptions because it usually involves fewer agencies and focuses on the existing family unit. Georgia law treats it as a streamlined option when the family already lives together and the marriage is stable; however, it does all hinge on whether the child’s other parent has had their parental rights taken away or is willing to surrender them.

Determining Eligibility

The stepparent must be married to the child’s legal parent, and if both of the child’s biological parents are alive and divorced, the non-custodial parent must surrender their parental rights and consent to the adoption. If one biological parent has passed away, then only the surviving parent needs to consent.

The stepparent must be at least 21 but does not need to meet the usual ten-year age difference requirement that applies with other adoptions. Finally, the stepparent needs to have been a state resident for at least six months. If the child is 14 or older, they must give their written consent to the adoption.

Forms and Filings

The biological parent who is married to the stepparent will sign a specific “Parental Consent to Stepparent Adoption” form. The other biological parent, if alive, must surrender all rights to the stepparent using a separate surrender form. If the non-custodial parent refuses to sign over their rights, the stepparent may need to ask the court to terminate parental rights. The court will not terminate parental rights just because a parent has remarried or because a stepparent wants to make things “official,” no matter how happy the new family unit might be. There must be grounds for taking away a biological parent’s rights, like abandonment.

Review

The court reviews the paperwork and will normally do a home study and a background check. The judge may appoint an investigator through the Division of Family and Children Services to verify the petition details, check the stepparent’s finances, and confirm that the home environment is safe and stable. Once those reports are in, the court will schedule a hearing.

Both the stepparent and the consenting biological parent usually attend this hearing, and the judge asks questions to confirm everyone understands the permanent change and to be sure the adoption is in the child’s best interests. If the child is old enough, the judge may speak with them privately. If everything checks out, the judge will sign a final decree of adoption.

Contact an Adoption Lawyer

Having a lawyer will allow you to streamline this whole process. Reach out to us now at South Atlanta Family Law in Stockbridge for help in McDonough, Stockbridge, and all surrounding areas. We have over 50 years of combined experience serving the families of Henry County. 

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