The following review is general information in nature and based largely on the Georgia Code relating to Adoption and the Interstate compact on the Placement of Children (ICPC).  I hope that it assists you with developing an appreciation and understanding of Georgia's adoption laws and the several different types of adoptions - adult, relative, stepparent, private or public agency, independent, interstate and international.  I encourage anyone considering an adoption to consult with an adoption attorney for personal guidance and legal advice.

            Except with respect to a spouse of the adoptive parent and relatives of the spouse a decree of adoption terminates all legal relationships between the adopted individual and relatives, including parents.  Furthermore, the decree creates a new relationship between each adoptive parent and the person being adopted, so that the adopted individual thereafter is a stranger to his former relatives for all purposes, including inheritance. The decree creates the relationship of parent and child between the adoptive parents and the child as if the adopted individual were a biological child of the adoptive parent.  The adoptive parents become responsible for the financial, emotional, psychological, moral and mental well-being of the child.

            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 or her spouse; is at least ten years older than the child; has been a resident of the state of Georgia for at least six months immediately preceding the filing of the petition for adoption; and is financially, physically, and mentally able to have permanent custody of the child.  Any adult person may include a foster parent.

            Georgia law is very specific regarding how a biological father must surrender his parental rights.  Georgia law is equally specific regarding surrender by a birth mother of her parental rights.

            A surrender and acknowledgement by any parent or biological father who is not the legal father may be given by a minor and is binding on the minor as if an adult.  A surrender is not required where a child has been abandoned, the parent cannot be found after a diligent search has been made, the parent is insane or otherwise incapacitated from surrendering such rights or the parent has failed to exercise proper parental care or control due to misconduct or inability.

            In the case of a child 14 years of age or older, the written consent of the child to the adoption must be given and acknowledged in the presence of the court.  In addition to the surrender document an acknowledgement is required by law.

            Termination of parental rights is an extremely harsh and often complex legal process.  Consultation with a qualified attorney is recommended to any person who expects to participate in such a proceeding.

            An independent adoption occurs when neither a Georgia licensed agency nor the Georgia Department of Family and Children Services is involved in the adoption process.  The biological parents legally surrender their parental rights to a third party who is neither the stepparent nor a relative of that child, typically an attorney as intermediate.  In the case of a child 14 years of age or older, the written consent of the child must be given and acknowledged in the presence of the court.

            It is a felony in Georgia for a third party to offer certain types of inducements or assistance to a birth mother and a third party may not advertise for a baby.

            Stepparent adoptions are quite common.  A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent.  The other parent must voluntarily and in writing surrender all rights to the child. 

            A stepparent adoption is not likely where either the legal mother or the legal father object to the adoption and maintain a familial bond with the child. A child 14 years of age or older must provide written consent to the adoption.  Biological fathers yet living have rights.  Special care should be taken to obtain a legal surrender or otherwise terminate his rights.  Consult an attorney in order to meet the requirements of Georgia law.

            Relative adoptions are quite common.  Generally, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child such as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle or sibling.  Any Any living parent or guardian must voluntarily and in writing surrender to that relative and any spouse of such relative all rights to the child.  Again, a child 14 years of age or older must provide written consent to the adoption.  Again, biological fathers yet living have rights.  Special care should be taken to obtain a legal surrender or otherwise terminate his rights.  Consult an attorney in order to meet the requirements of Georgia law.

            In Georgia an international adoption is a domestic re-adoption based upon a decree entered pursuant to due process of law by a court of competent jurisdiction outside the United States.  The Foreign Decree establishes the relationship of parent and child by adoption between the parent and a child born in such foreign country.  In addition, the child must have been granted a valid visa by the United States Immigration and Naturalization Service.

            Georgia law strictly regulates and licenses child-placing agencies.  A child placing agency will explain in detail the process of agency adoption.  These agencies differ somewhat, so investigate each and compare their services accordingly.  I recommend that an attorney be consulted prior to paying any substantial sum of money to any child-placing agency or to a facilitator, especially to anyone operating outside the State of Georgia.  Do not become a casualty to the latest Internet scam.

            Georgia law provides that surrender to a licensed child-placing agency must be executed 24 hours after the birth of the child in the presence of a representative of the Agency and a Notary Public.  Georgia law permits a birth mother to legally revoke her surrender by providing written notice delivered in person or mailed by registered mail or statutory overnight delivery to the person named in the surrender within ten days after signing.  The law provides that the tenth day must be a business day.  

            The Georgia Department of Family and Children Services (DFCS) is a public agency and operates a system of foster care.  Children come into DFCS custody because of abandonment, neglect, abuse, and depravation.  Some of these children have developmental issues but others overcome temporary setbacks and desire the safety, permanence and well-being offered by a devoted foster parent.  DFCS works to reunite parents with their children and offers a wide variety of support services to them.

            However, the Adoption and Safe Families Act of 1997 compresses the length of time a child should be kept in DFCS custody.  As a result, when reunification is no longer considered a viable plan, Foster Care Adoption has become an option to prospective foster adoptive parents who are amenable to adopting an older child.  Your local DFCS office offers training to qualify as a Foster Care Parent.

            Furthermore, iIn 2004 the Georgia General Assembly enacted a powerful Foster Parents Bill of Rights.  The new bill of rights is a comprehensive and far-reaching set of rights that empower foster parents.

            ICPC stands for the Interstate Compact on the Placement of Children and governs adoptions between any of the 50 states, including the District of Columbia and the Virgin Islands – a “sending state” typically where the child was born and the birth mother resides and a “receiving state” where the adoptive parents typically reside.  Generally there is coordinating agency and attorney in each state assembling the documents necessary to finalize the adoption per the requirements of each state.

            Adult adoptions occur more often than one might think, especially in the case of teenagers with a new stepparent or a relative whose relationship with a child occurred during the adoptive adult was a teenager.  It may be a situation where the teenage child became an adult during the early years of a remarriage, and the bonds of love and affection have grown so strong that the stepparent wishes to adopt the child who is now a young adult.  Perhaps a young adult from a disadvantaged background meets a loving and caring family who wish to adopt.  Georgia law permits adoption of an adult.

      A home study is a home investigation and a criminal records check completed by the Georgia Crime Information Center (GCIC) and required of all prospective adoptive parents before finalization of the adoption.  Both are required in all independent, agency and DFCS adoptions and sometimes in stepparent and relative adoptions if ordered by the court.  Prior to the date set for the hearing it is the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify all statements made in the petition for adoption, to make a complete and thorough investigation of the entire matter, and submit a written report to the court.

      In all cases of adoption the adoptive parents must appear in court before a judge.  Birth parents are not required to appear.

      When the Judge of the Superior Court finalizes the adoption, the Clerk of that Court provides a Certificate of Adoption and initiates the process of obtaining a new birth certificate indicating the names of the adoptive parents as the child’s parents and the new name of the child.

            The original birth certificate, the original adoption petition, exhibits, affidavits, testimony and other supporting documentation are sealed and locked by the court after finalizing the adoption.

            Examination of these records by court order is not the general rule, so consult with a local attorney or inquire at the local Superior Court Clerk’s office to find out more.  Don't neglect to learn about the Georgia Adoption Reunion Registry originally created in 1990 and recently expanded in 2003 to provide services to adopted persons, birth parents, adoptive parents and siblings seeking to contact one another.

            Adoption is a complicated subject with many twists and turns.  Every adoption has its own unique characteristics.  When in doubt consult with an adoption attorney.  Call me or send me an e-mail.