Stepparent Adoption in Georgia
As in most states, a stepparent filing for the adoption of a child in the state of Georgia must follow several procedures in order to gain custody. The law allows a stepparent to apply for custody even if both parents are still living. If the biological parent of the child refuses to terminate her parental rights, the issue can be resolved within the court system.
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One Parent Living
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A child may be adopted by a stepparent, under certain requirements, if both parents are living and if one parent is deceased. If only one parent is living, this parent must provide written consent to enable the stepparent to adopt the child [O.C.G.A. §19-8-6(a)(2)]. Within the adoption process, the child's last name can be changed if requested.
Both Parents Living
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If the parents of a child are divorced, the spouse may legally adopt the child if: a) the biological parent willingly surrenders her parental rights in writing, and b) the spouse (other parent) accepts the adoption of the child through written consent [O.C.G.A. §19-8-6(a)(1)]. A birth parent who terminates her parental rights relinquishes her ability to visit the child and make decisions on her behalf (including medical decisions).
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Child is 14 years+
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If a child is 14 years or older, the child must also consent to his adoption before it can take place. [O.C.G.A. §19-8-6(b)]
Parent Refusing to Surrender Rights
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In the case where a divorced parent refuses to give up her parental rights of a child, the court can intervene by holding a hearing to determine the best interests of the child. The refusing parent must receive adequate notice of the proceedings. If the parent cannot be found, the stepparent must attempt to locate them within the realm of Georgia law.
Finalizing Adoption
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Before a child can be adopted by a stepparent, the stepparent must undergo a criminal background check. In addition, a representative from the Department of Human Resources in Georgia will supervise the petition for adoption, most likely interview the stepparent, and in some cases, visit the home of the child.
Filing Procedures
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Adoption documents must be filed in the county in which the stepparent resides with the Superior Court. The state of Georgia requires payment of a court filing fee and a publication fee at the time of the filing. Additional fees may also be required.
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References
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