2022 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-3. Who May Adopt a Child; When Petition Must Be Filed in Names of Both Spouses

1. Any individual may petition to adopt a child if he or she:
   1. 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, 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. 1. Is a bona fide resident of this state at the filing of the petition for adoption; or
      2. 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
   4. Is financially, physically, and mentally able to have permanent custody of the child.
2. 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.

History. Code 1981, § 19-8-3 , enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 2/HB 154.

The 2018 amendment, effective September 1, 2018, in subsection (a), in the introductory language, substituted “individual” for “adult person” near the beginning and substituted “he or she” for “the person” near the end; in paragraph (a)(1), inserted “or her” in the middle and added “, or is at least 21 years of age and is a relative of the child” at the end; added the exception in paragraph (a)(2); rewrote paragraph (a)(3), which read: “Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and;” deleted former subsection (b), which read: “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.”; redesignated former subsection (c) as present subsection (b); and, in subsection (b), substituted “an individual” for “a person” near the beginning, substituted “petition for adoption shall” for “petition must” near the middle, and in the proviso, inserted “or was” and substituted “such petition” for “the petition”.

The 2021 amendment, effective July 1, 2021, in paragraph (a)(1), substituted “21” for “25” near the beginning and deleted “, or is at least 21 years of age and is a relative of the child” following “spouse” at the end, and rewrote paragraph (a)(3), which read: “Is a bona fide resident of this state at the filing of the petition for adoption or is a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and”.

Cross references.

Foster Parents Bill of Rights, T. 49, C. 5, Art. 14.

Law reviews.

For comment discussing In re Adoption of “E,” 59 N.J. 36, 279 A.2d 785 (1971), as to the constitutionality of state court’s refusal to approve adoption of child solely because of adopting parent’s lack of religious beliefs, see 6 Ga. L. Rev. 221 (1971).

For note, “Surrogate Mother Agreements in Georgia: Conflict and Accord with Statutory and Case Law,” see 4 Ga. St. U.L. Rev. 153 (1988).

For comment on adoptions by homosexuals, see 55 Mercer L. Rev. 1415 (2004).