At Stearns‑Montgomery & Proctor, uniting children with adoptive parents is one of the best parts of our job. Our family law attorneys have been making the dream of having a family come true for individuals and couples throughout Georgia since 1988. While you provide a stable, loving home your child needs to thrive, we take care of the legal requirements that must be addressed.
Georgia Adoption Process
At Stearns-Montgomery & Proctor, we understand that adoption is a joyous occasion but one that can also be complicated, time-consuming, and expensive. It is important that you get legal advice early in the adoption process to prevent any setbacks that could be unpleasant and demoralizing. Our Atlanta adoption attorneys will help guide you through the Georgia adoption process and help to make your journey more streamlined and cost-effective.
We handle a number of unique adoption situations, including:
- Stepparent adoptions
- Grandparent adoptions
- Relative adoptions
- State and private agency adoptions
- Interstate adoption
- Contested adoption
- Termination of parental rights (TPR)
- Involuntary termination of parental rights (TPR)
- Name changes
Hear From Our Clients
Requirements for Adoption in Georgia
Whether you are considering an adoption involving an infant or an older child, there are numerous tasks which must be accomplished before you officially become a parent. To even begin these proceedings, section 19-8-3 of the Georgia Code requires the above.
Surrender or Termination of Biological Parent's Rights
Before you can adopt a child, the biological parents’ rights must be either surrendered voluntarily or terminated by a court. The requirements for termination differ depending on whether the adoption is by a government agency, a relative, or a nonrelated third party. Generally, for private parties to adopt, the biological parents must consent in writing to surrender their parental rights. A child over 14 must also give written consent to the adoption. In a step-parent adoption case, the biological parent-spouse will also need to consent to allow their spouse to adopt the child, without terminating the biological parent-spouse’s rights.
In cases where there is abuse, neglect, or parental abandonment, state agencies often become involved and may adopt the child. In these cases, the parent may voluntarily terminate their rights, or the court may terminate them by court order. In this case, a private party may be a candidate to adopt the child from the agency. In cases where there is abuse, neglect, etc., it's best to get the help of a Georgia adoption lawyer.
Court Proceedings
According to Georgia adoption law, the process begins with filing a petition for adoption. The petition must contain specific information. For example, it must give the child’s age, name, birthdate, sex, and note if the child owns any property, along with attaching several documents such as birth certificates, custody orders regarding the minor child, marriage certificates, and all surrender documents executed by the biological parent(s). It must provide information about the child’s parents and guardians, if any. All attorneys representing a party in the adoption must also file an affidavit listing all payments for services and that the surrender documents were explained to the biological parents by the attorney.
Once your petition is filed, and prior to the hearing for adoption, the court will order a state agency or a private agent to verify the allegations in the petition for adoption. They will investigate the matter thoroughly, including running criminal background checks, fingerprinting, and a home inspection.
How to Prepare for an Adoption Case
To adopt a child, it helps to understand some of the legal, practical, and emotional hurdles so that you can prepare for a long, complicated process. The above tips will help you with the practical and emotional aspects.
