O.C.G.A. § 19-8-3
Who may adopt a child; when petition must be filed in names of both spouses
Redline — December 1, 2018 → current.View current text →
Current — August 17, 2021
As of December 1, 2018
(1) Any adult person may petition to adopt a child if the person: Is at least 25 years of age or is married and living with his spouse;
(1) Any individual may petition to adopt a child if he or she: Is at least 21 years of age or is married and living with his or her spouse;
(2) Is at least ten years older than the child;
(2) Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7;
(3) Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and
(3) Is a bona fide resident of this state at the filing of the petition for adoption; or
(4) Is a bona fide resident of the receiving state when the adoptee was either born in this state or is a resident of this state at the time of his or her placement for adoption, and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children. For purposes of this paragraph, a nonresident of Georgia is deemed to have complied with the Interstate Compact on the Placement of Children if the compact does not apply as defined in Article VIII of the Compact or if the individual is a resident of another country; and
(5) Is financially, physically, and mentally able to have permanent custody of the child.
(5) Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.
(6) If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone.
(6) If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone.
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.