Adoptions
in Georgia
Augusta GA Adoption Lawyer
The following information will help you understand Georgia's adoption
laws and the different types of adoptions. Please contact me with specific
questions because this information is intended to be general in nature.
Adoption law is governed by state statute. Therefore, it is essential
that you consult an experienced adoption attorney for guidance regarding
specific adoption cases.
What is adoption?
Adoption is a legal process
that results in a court order declaring one person (generally a minor)
to be the legal child
of the adoptive parent or parents. When an adoption is finalized, the
birth parents are no longer responsible for the child and they no longer
have an obligation to support the child. In essence, the child becomes
a legal stranger to his or her biological family.
Who may adopt in Georgia?
Georgia law provides that any adult person
25 years old or older or an adult married couple may adopt a child. The
prospective adoptive parents must be at least 10 years older than the
child. Each adoptive parent must be a resident of Georgia, except for
an adult adoption in which the adult to be adopted can satisfy this requirement.
Who may be adopted?
A child may be adopted if (a) the living parents
or guardians voluntarily and in writing surrender all rights to the child
to a licensed adoption agency or directly to the prospective adoptive
parents; (b) the child has been abandoned or has no living parents; or
(c) the rights of the biological parents are involuntarily terminated
through a court proceeding. In addition, the court must find that the
adoption is in the child's best interest.
What is a private licensed adoption agency placement?
In an agency adoption,
the birth mother relinquishes, or transfers, her parental rights to the
licensed child-placing agency following the birth of her child. Thereafter,
the adoption agency places the child with a prospective adoptive family
approved through a comprehensive home study process. The private agency
is responsible for screening the adoptive family, counseling the birth
parents, handling the termination of rights of the biological parents
of the child, providing permissible financial assistance to the birth
mother, and supervising the placement until finalization. The agency
holds legal custody of the child until finalization. Families can apply
to Georgia or out-of-state licensed adoption agencies.
What is a public agency placement?
State agencies place children who
are in state custody in foster care, foster/adopt, or adoptive placements
with families who have been screened through a comprehensive training
process. These children generally are in the custody of the state agency
due to neglect, abandonment or misconduct of a parent, although in some
cases there may be a voluntary transfer of parental rights to the agency.
Most of the children are in foster care for a significant period of time
before becoming legally free for adoption. In addition, many of the children
have medical or emotional issues due to their difficult backgrounds and
may be eligible for adoption assistance.
What is an independent or private adoption?
Georgia law permits the biological
parents and prospective adoptive parents to work together in an adoption
plan without the involvement of an adoption agency. In an independent
adoption, the birth mother transfers all rights to a child directly to
the prospective adoptive parents who are not related by blood or marriage
(sometimes to an attorney as agent for the adoptive parents). A licensed
agency is not involved in the placement process. In Georgia, the prospective
adoptive parents may network with family, friends and other acquaintances
to identify a birth parent and child. The laws in Georgia are restrictive
regarding independent adoption in the areas of assistance that can be
provided to a birth mother and the inability of prospective adoptive
parents to advertise for a baby. It is essential for families to consult
with an experienced adoption attorney early in the process to prevent
problems.
Are there special rules that apply to interstate adoptions?
Yes. Many
adoptions are more complicated because a prospective adoptive family
may reside in one state and the birth mother may be a resident of another
state (or a licensed adoption agency may be located in another state).
In such cases, with limited exceptions, the adoption must satisfy certain
legal requirements of both states before the child comes into or leaves
the states. There is a specific statute, the Interstate Compact on the
Placement of Children, that governs interstate adoptions.
What is a stepparent adoption?
These are adoptions in which a spouse
of a biological parent seeks to become the legal parent of a child. The
adoption terminates the rights of the other biological parent (not the
spouse of the prospective adoptive parent). Frequently, the child's name
is changed as part of the adoption. A court generally will not grant
a stepparent adoption when the child's legal mother or legal father objects
and is participating in the child's life in a meaningful way.
What is a relative adoption?
These are adoptions in which a blood relative
seeks to become a legal parent of the child. The adoption terminates
the rights of both biological parents to the child.
What is an adult adoption?
These are adoptions in which one adult adopts
another adult and all parties support the adoption. The adoption results
in a legal parent-child relationship. In an adult adoption, biological
parents do not need to surrender their rights and notice does not need
to be provided to a biological parent. Although most adult adoptions
involve adoptions in which a stepparent adopts the child, there are instances
in which a person adopts an adult who is not a stepchild.
What is an international adoption?
Families are frequently adopting children
who are born in other countries, either through a licensed adoption agency
or working privately with an attorney or intermediary in the other country.
If the adoption is finalized in the other country, families should domesticate
or "re-adopt" the child once they return home to the United
States. With Georgia re-adoptions, the family will be able to obtain
a Georgia adoption decree or certificate and a "birth certificate" from
the Georgia Vital Records office. If the adoption has not been finalized
in the other country, the family will need to satisfy more stringentrequirements
of the adoption code governing either agency or independent adoptions.
Following the adoption, the child will be issued a birth certificate
(Proof of Foreign Birth) from the Georgia Vital Records office.
When is a home study done?
In an agency placement, a comprehensive home
study assessment is completed before a placement occurs. A preplacement
home evaluation must be done for all interstate independent adoptions
before a child can be placed. If a Georgia family seeks to adopt a child
born to a Georgia birth mother through an independent adoption, the court
will appoint an investigator to complete an evaluation after the child
is born and living in the prospective adoptive parents' home.
Is it necessary for the adoptive parents to go to court?
Yes. In Georgia,
the adoptive parents will file a Petition for Adoption in their county
of residence. The petition will culminate in a court appearance by the
attorney and the adoptive parents along with the child. The birth parents
do not need to appear in court.
Following the final hearing, what kind of documentation is provided to
the adoptive parents?
In Georgia, in addition to receiving a Certificate
of Adoption, the prospective adoptive parents will obtain a new birth
certificate reflecting the adoptive parents as the child's parents and
the child's new name. The original birth certificate and other court
records are sealed by the court.
Can biological parents change their mind, or revoke their surrender,
after signing the legal documents?
Many states have a waiting period
before a birth parent can sign a surrender (or relinquishment). In addition,
many states have a certain period of time after signing in which biological
parents can change their mind. In Georgia, biological parents proceeding
in an independent adoption can sign surrender documents any time after
a child is born. In an agency adoption, the biological mother and legal
father of the child are not permitted to sign the surrender until 24
hours have passed from the birth of the baby. A biological father can
sign any time after birth, even in an agency adoption. In all adoptions,
Georgia law gives the biological parents a ten-day revocation period
in which they can change their mind. The last day upon which a revocation
can occur must be a business day.
What happens to the adoption records?
In Georgia, after an adoption is
finalized, the adoption record is sealed. The original birth certificate
is also sealed. The only way the record can be accessed is by court order
or by following the procedures of the state adoption reunion registry.
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