Everything You Need to Know to Navigate the Adoption Process in Georgia with Confidence
Adoption is one of the most meaningful journeys a family can undertake. Whether you’re growing your family, securing parental rights for a stepparent, or providing a permanent home for a child in need, the adoption process is a life-changing experience.
But like all major life decisions, adoption involves a complex set of legal procedures — and having knowledgeable legal guidance makes all the difference.
At The Sherman Law Group, we’ve had the privilege of helping families across Georgia navigate the adoption process with confidence, clarity, and compassion. This guide offers a complete overview of adoption in Georgia: the types of adoption available, who can adopt, what the legal process involves, and how a family law attorney can help you achieve your goals.
If you’re considering adoption, this guide is for you.
1. Understanding Adoption in Georgia
At its core, adoption is a legal process through which an adult becomes the legal parent of a child who is not biologically theirs. Once finalized, an adoption permanently transfers all parental rights and responsibilities from the birth parents to the adoptive parents.
Why Do People Choose Adoption?
- To build a family after infertility
- To provide a home for a child in foster care
- To formalize a stepparent relationship
- To adopt a relative’s child due to unforeseen circumstances
- To adopt internationally or domestically through private agencies
Adoption not only changes lives — it creates families. But the process involves numerous steps that must comply with Georgia law, making legal representation an essential part of the journey.
2. Types of Adoption in Georgia
Georgia law recognizes several types of adoption, each with its own rules, timelines, and legal complexities. Here's a breakdown of the most common forms:
Agency Adoption
This occurs through a licensed public or private adoption agency. These organizations often match adoptive families with birth parents or children in state custody.
Private (Independent) Adoption
In a private adoption, adoptive parents work directly with the birth parents, often with the help of an adoption attorney. This approach allows for more personal arrangements but still requires legal oversight.
Stepparent Adoption
When a stepparent wishes to adopt their spouse’s child, they can petition the court. This process is typically simpler than other forms of adoption, especially if the other biological parent consents or has had parental rights terminated.
Relative (Kinship) Adoption
Family members — such as grandparents, aunts, uncles, or older siblings — may adopt a child when the biological parents cannot provide care. Courts often favor this option to maintain family connections.
Adult Adoption
Adoption isn’t just for children. In Georgia, it’s also possible to adopt another adult, often to formalize a parent-child bond or for inheritance purposes.
International Adoption
When adopting a child from another country, families must follow both the foreign country’s laws and U.S. immigration procedures. International adoptions can be highly complex and require coordination between multiple jurisdictions.
Foster Care Adoption
Georgia’s Division of Family and Children Services (DFCS) places children with foster parents, some of whom eventually adopt. Adoption through foster care may involve fewer fees and financial incentives.
3. Who Can Adopt in Georgia?
Georgia law is relatively inclusive about who may adopt, but certain minimum standards must be met.
Eligibility Requirements:
- Must be at least 25 years old (or married and living with spouse)
- Must be at least 10 years older than the child
- Must be a resident of Georgia for at least six months (or working with a Georgia agency)
- Must be financially, physically, and emotionally capable of caring for a child
- Must pass a criminal background check
- Must complete a home study conducted by a licensed professional
Georgia does not prohibit adoption based on marital status, sexual orientation, or gender identity, meaning that single individuals and LGBTQ+ individuals or couples can legally adopt.
4. The Legal Process of Adoption in Georgia
The adoption process can take several months to a year, depending on the type of adoption and the specifics of your case. Here's a high-level overview of how the process works:
Step 1: Determine the Type of Adoption
Choose the route that best fits your situation — whether it’s foster care, private adoption, stepparent, or another type.
Step 2: Hire an Attorney or Work with an Agency
Georgia law strongly recommends legal representation in all adoptions to ensure proper filing of documents and adherence to state procedures.
Step 3: Complete the Home Study
A home study includes interviews, background checks, medical reports, and home inspections. It evaluates your ability to provide a safe and stable environment.
Step 4: Match and Placement
In agency or private adoptions, this is the phase where you're matched with a child. Once matched, the child may be placed with you under temporary guardianship pending finalization.
Step 5: Legal Consent
Consent must be obtained from the birth parents or legal guardian (unless rights have already been terminated). In some cases, a biological father’s rights must be formally addressed, even if he is not on the birth certificate.
Step 6: Finalization Hearing
The final adoption hearing is held in the superior court. A judge reviews all documents, ensures that the adoption is in the best interest of the child, and then issues a final order of adoption.
How Long Does It Take?
- Stepparent and kinship adoptions: often 3–6 months
- Private adoptions: 6–12 months
- Foster care adoptions: 12–24 months, depending on case status
5. Home Study Requirements
The home study is a vital part of the adoption process and must be conducted by a Georgia-licensed professional.
What It Involves:
- Background checks (including fingerprinting)
- Medical evaluations for all household members
- Financial review to ensure stability
- Interviews with all family members
- Home inspection for safety and suitability
The home study assesses your readiness and capability to parent. Although it can feel invasive, it’s designed to protect the best interests of the child.
Tips to Prepare:
- Be honest during interviews
- Ensure your home is clean and safe
- Provide references who can speak to your parenting potential
6. Birth Parent Rights and Consent
Consent is one of the most sensitive and important aspects of the adoption process.
Who Must Consent:
- The child’s biological mother
- The child’s biological father (if paternity is established or he has registered with Georgia’s Putative Father Registry)
- The child (if over 14, unless waived by the court)
Timing and Revocation:
- A birth mother can sign a surrender of parental rights no sooner than 24 hours after the child’s birth
- In private adoptions, consent is irrevocable after four days
- In agency adoptions, the revocation period may be longer if the agency allows
Legal representation for birth parents is recommended and often required in private adoptions to ensure informed consent.
7. Post-Adoption Considerations
Adoption doesn’t end with the final hearing — it’s the beginning of a lifelong relationship.
Open vs. Closed Adoption:
- Open Adoption: Allows for ongoing contact between birth and adoptive families. Terms may be informal or outlined in a Post-Adoption Contact Agreement (PACA).
- Closed Adoption: No contact or identifying information is shared.
Birth Certificates:
Once the adoption is finalized, a new birth certificate is issued listing the adoptive parents. In most cases, the original birth certificate is sealed.
Post-Adoption Support:
Adoptive families and adoptees often benefit from:
- Counseling or therapy
- Support groups
- Educational resources
Georgia offers several post-adoption support programs, particularly for families who adopt from foster care.
8. Special Circumstances in Georgia Adoption
Adopting from Foster Care
Children in Georgia’s foster system often come from difficult backgrounds and may have special needs. Many are eligible for subsidies, including Medicaid, therapy, and college tuition assistance.
Interstate Adoptions (ICPC)
If the child or adoptive parents live in different states, the Interstate Compact on the Placement of Children (ICPC) ensures legal compliance across state lines.
International Adoption
Families must:
- Choose a Hague-accredited agency
- Follow the foreign country’s adoption laws
- Obtain a U.S. visa for the child through immigration
LGBTQ+ Adoption in Georgia
Georgia law does not discriminate based on sexual orientation or gender identity. LGBTQ+ individuals and couples may adopt jointly or individually.
9. How an Adoption Attorney Can Help
Adoption involves a range of legal procedures, from paperwork to court hearings. A knowledgeable Georgia adoption attorney can:
- Guide you through the home study and legal paperwork
- Ensure compliance with Georgia and federal laws
- Represent you in court proceedings
- Draft or review post-adoption agreements
- Address any challenges, such as contested adoptions or revocation issues
Legal support isn’t just helpful — it’s often essential.
10. Why Choose The Sherman Law Group for Your Georgia Adoption?
At The Sherman Law Group, we understand that adoption is both a legal process and a deeply personal one. Our dedicated family law attorneys are here to guide you with empathy, efficiency, and expertise every step of the way.
What Sets Us Apart:
- Extensive experience in Georgia adoption law
- A compassionate, responsive legal team
- Tailored legal strategies for every type of adoption
- Transparent communication and flat-fee options (where applicable)
- A strong track record of successful adoptions
We don’t just handle your legal paperwork — we stand beside you as advocates, partners, and guides.
Your Next Steps Toward Adoption
Adoption is a courageous and beautiful journey. It requires patience, commitment, and trust — and the right legal support can help you avoid delays, reduce stress, and ensure that every decision is in the best interest of your future family.
Whether you’re considering a stepparent adoption, adopting a relative, or welcoming a child through private or foster care adoption, we are here to help you bring your family together — legally, securely, and joyfully.
Ready to Begin Your Adoption Journey?
Our experienced Georgia adoption attorneys are here to support you every step of the way. Contact The Sherman Law Group today for a confidential consultation and let us help you make your dream of parenthood a reality.