A Complete Guide to Adoption in Georgia

If you’re wondering how to adopt in the Peach State, you’ve landed in the right place. Georgia is generally a friendly state for adoption, though it’s worth noting that adoptive parents must be at least 21, compared to 18 in some states. Nevertheless, with the right information and resources, adopting in Georgia is well within your grasp.

This page provides comprehensive resources that can help you navigate that process. We cover adoption laws, different paths to adoption in Georgia, elements of the process and a list of state-approved agencies. 

Georgia Adoption Laws at a Glance

Here is a brief look at Georgia adoption laws:

Who Can Adopt?	Anyone who is over 21 years old or is married to and lives with their spouse can adopt in Georgia.
Residency Requirements	Adoptive parents must be a resident of Georgia when they file for adoption or meet conditions set by the Interstate Compact on the Placement of Children.
Marital Status	If you are not married, you must be over 21 years old to adopt in Georgia.
Birth Mother Consent	Birth mothers cannot give consent to an adoption until after the child’s birth.
Revocation Period	Birth mothers can revoke consent to the adoption up to four days after they sign paperwork.
Birth Father Rights	Unmarried birth fathers in Georgia should register with the state’s Putative Father Registry to protect his paternity rights.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Georgia adoption attorney for legal advice.

Paths to Adopting a Child in Georgia

Below are the three main paths to adoption in Georgia. 

Private Infant Adoption

Private infant adoption is likely what most people think of when they hear the word “adoption.” In most cases, the process involves a match between the birth family and the adoptive family. Usually, a licensed child-placing agency in Georgia facilitates this match. You can see which agencies the state has approved through this search tool. 

In many cases, the child-placing agency will provide information about a potential match, allowing the prospective adoptive family to accept or decline the match. Birth mothers sometimes receive counseling, medical care and access to other resources through these agencies. 

For most Georgia adoptions, the process begins by filling out an application. Then you must complete additional requirements, including the comprehensive home study process. You must also complete the National Training and Development Curriculum, pre-service training that helps prepare you to welcome a child into your home. 

Adopting from Foster Care

In most cases, the large orphanages that people may picture when they think of adoption no longer exist in the United States. Instead, each state’s foster care system looks after children who need it. In Georgia — as in most states — the main goal of the foster care system is to reunify children with their biological families. 

However, in cases when reunification isn’t possible or in the best interest of the child, the state terminates parental rights. In those cases, and when relatives aren’t able to adopt, foster children become eligible for adoption.

Foster care adoption in Georgia is another pathway available to prospective adoptive parents. For more information, check out the related section later in this guide. 

Stepparent or Relative Adoption

When birth parents have their parental rights terminated in Georgia, the state’s first choice is to place their children with a relative or family member. This is known as “kinship care.” 

In Georgia, the process for stepparents and relatives to adopt is streamlined compared to private infant adoption. Relatives must be at least 21 years old, and if married, both spouses must apply for the adoption. In this type of adoption, the state has eliminated the 10-year age difference requirement between child and adoptive parent. 

Birth parents must either consent to terminate their parental rights or have already had those rights terminated. If the child is at least 14 years old, they must also sign on to the adoption. 

A Deeper Look at Georgia Adoption Laws

Below, we provide additional information about how to adopt in Georgia. 

Who is Eligible to Adopt in Georgia?

In Georgia, according to the Division of Family and Children Services (DFCS), prospective adoptive parents must meet the following qualifications:

• Be either at least 21 years old or married and living with your spouse
• Unless the child is a relative or stepchild, be at least 10 years older than the child
• Be a resident of Georgia when you file for adoption
• Be “financially, physically, and mentally able” to handle full custody of the child

In addition to those qualifications, DFCS states that you must be willing to make an “unconditional commitment” to meeting the “physical, emotional, medical, psychological, and social needs” of your adopted child. 

Birth Parent Consent in Georgia

In Georgia, birth mothers must wait at least one full day after their child is born before they can consent to an adoption. This mandatory waiting period was put into law to make sure that each mother has the chance to explore all her options and resources before committing to any one decision. 

Once birth mothers make that decision, they have up to four days to change their mind. If the fourth day is a weekend or holiday, then the deadline extends to the next business day. 
Birth fathers who were not married to the birth mother within 10 months of the child’s birth have to take steps to protect their rights. To make sure that you receive notice of the child’s adoption, you must register with Georgia’s Putative Father Registry. 

The Home Study Process in Georgia

In Georgia, all prospective adoptive parents must complete a home study. The process involves a minimum of three separate visits from adoption officials, at least one of which must be in the home. All family members will be interviewed at some point in the process. 

Per Georgia law, the interviews will include the following elements, word for word:

• Motivation to adopt
• Physical description and social background of each family member
• Evaluation of parenting practices
• Summary of health history and condition of each family member
• Informal assessment of the emotional and mental health of each family member
• Evaluation of the understanding of and adjustment to adoptive parenting
• Evaluation of the prospective adoptive parent(s)’ finances and occupation

Evaluators will also check your home for safety, making sure you have functioning smoke alarms and have safety stored any guns. You will also have to complete a background check and a child abuse and neglect registry check. 

Finally, you must submit at least three character references, one of which must be from an extended family member. If you have worked with children professionally within the past five years, you must also get a reference from your employer. 

Find Georgia Adoption Agencies and Professionals

Georgia’s Department of Human Services maintains a list of approved child-placing agencies throughout the state. You can search the database by city or ZIP code. 

Statewide and National Agencies Serving Georgia

• Bethany Christian Services: Christian-focused foster to adopt agency with 75 years of experience. 
• Georgia Adoption Specialists: Statewide agency focusing on the link between adoptees, birth parents, and adoptive parents. 
• Georgia AGAPE: Faith-based national agency providing both foster care and adoption. 
  Necco:National agency with individual branches throughout Georgia, including in Savannah and Columbus. 

Atlanta Area Agencies

• Children 1st Community Development Services: Provides a variety of services for children from birth through age 21.
• Chris 180: Agency with 40 years of providing trauma-informed foster care and adoption services. 
• Families First: Holistic agency with a primary focus on strengthening families. 

Georgia Adoption Attorneys

Many families decide to hire an attorney to help them handle the legal process. To find a good attorney, you can visit the Georgia directory from the American Academy of Adoption & Assisted Reproduction Attorneys.

Adopting from Foster Care in Georgia

According to the Division of Family and Children Services (DFCS), the Peach State’s primary agency in charge of child welfare, there are currently more than 11,000 children within Georgia’s foster care system. The amount of foster children in Georgia awaiting adoption is unclear, but some sources put the number at approximately 400. 

When birth parents have their parental rights terminated in Georgia, the state’s first option is kinship care, or placing children with relatives. When a family member isn’t an option, the state relies on foster parents to care for these children while their birth families work toward reunification. 

Requirements to foster in Georgia are similar to requirements for adoptive parents. According to Foster Georgia, the main DFCS foster care website, foster parents in Georgia must be at least 21 years old. They must also complete an information session (in person or virtually), pre-service training, a medical exam, and criminal background and Child Abuse and Neglect registry checks. 

Adopting through foster care is also an option in Georgia. Here are the exact requirements in Georgia code to file a petition to adopt as a foster parent:

• Is at least age 25 or married and living with his or her spouse
• Is at least 10 years older than the child
• Has been a bona fide resident of the State for at least 6 months immediately preceding the filing of the petition
• Is financially, physically, and mentally able to have permanent custody of the child

Start your adoption journey today by visiting the DFCS adoption website. 

Resources for Expectant Parents in Georgia

Placing a child for adoption is one of the most difficult choices that a birth mother can make. Just know that you aren’t alone in the process, and there are several resources to help you physically, mentally and emotionally throughout the process. 

The Georgia branch of AGAPE provides several maternity support services for parents going through unplanned pregnancies, including access to shelters, women’s centers, adoption planning and placement and various resources through churches. AGAPE promises to assist birth mothers with “help in any way we can.” 

Remember, as a birth mother, you have rights. You have control over the adoption plan and don’t have to consent to anything you don’t want. If you do consent to an adoption, remember that you still have up to four days to change your mind. 

Sources

• https://dfcs.georgia.gov/services/adoption/adopting-georgia 
• https://www.opendooradoption.org/the-legal-aspects-of-adoption-in-georgia/#:~:text=Georgia%20law%20recognizes%20and%20protects,both%20personal%20and%20legally%20valid. 
• https://www.childwelfare.gov/resources/consent-adoption-georgia/ 
• https://www.heart2heartadoptions.com/pregnant/birth-father-rights/ 
• https://csc.georgiacourts.gov/legitimation-information-for-fathers/ 
• https://www.childwelfare.gov/resources/home-study-requirements-prospective-parents-domestic-adoption-georgia/ 
• https://fostergeorgia.com/demographics-of-children-in-foster-care/ 
• https://americaskidsbelong.org/states/ga/ 
• https://fostergeorgia.com/general-information/ 
• https://pamms.dhs.ga.gov/dfcs/cws/14-08/ 
• https://speightslaw.com/faqs/your-guide-to-stepparent-and-relative-adoptions-in-georgia/#:~:text=To%20be%20eligible%20to%20adopt%20a%20related%20child%20in%20Georgia,are%20a%20bit%20less%20strict. 
• https://csra.law/step-parent-adoption/#:~:text=Understanding%20Stepparent%20Adoption%20in%20Georgia,written%20consent%20for%20the%20adoption. 
• https://www.childwelfare.gov/resources/regulation-private-domestic-adoption-expenses-georgia/ 

Are you and your partner ready to start the adoption process? Visit Adoption.org or call 1-800-ADOPT-98 to begin your adoption journey. We have 130+ years of adoption experience and would love to help you.