A relative adoption in Georgia is a superior court proceeding in which a family member — a grandparent, aunt, uncle, sibling, or other extended relative — becomes the child’s legal parent after each living biological parent consents or has parental rights terminated. Once the judge signs the final decree, the adoptive relative has the same rights and responsibilities as a birth parent, and the child gains full inheritance rights from that parent.1Justia. Georgia Code 19-8-19 – Effect of Decree of Adoption
Who Qualifies to Adopt a Relative
Georgia’s general adoption rules under Code Section 19-8-3 require any petitioner to be at least 21 (or married and living with a spouse), a bona fide Georgia resident when the petition is filed, and financially, physically, and mentally able to take permanent custody of the child.2Justia. Georgia Code 19-8-3 – Who May Adopt a Child There is no waiting period tied to residency, and no minimum income written into the statute.
Ordinary adoptions also require the petitioner to be at least 10 years older than the child. Relatives filing under Code Section 19-8-7 are exempt from that age gap.2Justia. Georgia Code 19-8-3 – Who May Adopt a Child The relative-adoption provisions cover grandparents, aunts, uncles, siblings, and other extended family. If the adopting relative is married, both spouses file the petition together.
Consent From the Biological Parents
Every living biological parent has to either voluntarily surrender parental rights or have those rights terminated by a court before a relative adoption can move forward. A surrender is signed under oath before a notary and an adult witness, and the parent receives a copy of the signed document at the time of signing.3Justia. Georgia Code 19-8-6 – Stepparent Adoption The form itself follows Code Section 19-8-26.4Justia. Georgia Code 19-8-26 – Forms
The Four-Day Revocation Window
A parent who signs a surrender has four days to revoke it. The days are counted consecutively starting the day after signing; if the fourth day is a weekend or legal holiday, the deadline moves to the next business day.5Division of Family and Children Services. Voluntary Surrender of Parental Rights After that, the surrender is final. It is one of the shortest revocation windows in the country, so a biological parent should be sure before signing.
When a Parent Refuses or Cannot Be Located
If a biological parent will not consent, the voluntary path is closed. The adopting relative would have to ask the court to terminate that parent’s rights involuntarily on grounds such as abandonment or unfitness recognized under Georgia law. This turns a straightforward case into a contested one, and it almost always requires an attorney.
The Child’s Own Consent
A child who is 14 or older must give written consent, acknowledged in the presence of the court.3Justia. Georgia Code 19-8-6 – Stepparent Adoption For younger children, the judge may still consider the child’s preferences if the child is old enough to express a meaningful opinion, but written consent is not required.
Filing the Petition in Superior Court
Superior courts have exclusive jurisdiction over adoptions in Georgia.6Child Welfare Information Gateway. Court Jurisdiction and Venue for Adoption Petitions – Georgia Probate court does not handle these cases, even though some older guides say otherwise. The petition is filed in the superior court of the county where the adopting relative lives.
The petition includes identifying information about the child, documentation of the family relationship, the signed surrender or consent forms, and information about the petitioner’s ability to care for the child. County clerks provide the local forms and can confirm the current filing fee, which generally runs somewhere between $150 and $300, plus a separate publication fee in some counties.
The Home Evaluation
Once the petition is filed, the court orders an investigation into the prospective adoptive home. The court may direct the Department of Family and Children Services or a licensed child-placing agency to handle it. The evaluator makes home visits, interviews household members, reviews criminal background checks and medical reports, and gathers financial information.7Georgia Department of Human Services Division of Family & Children Services. The Adoption Process
The report goes to the judge and carries real weight in the final decision. Among other things, it addresses whether each prospective adoptive parent is financially, physically, and mentally able to take permanent custody.8Justia. Georgia Code 19-8-17 – Report and Findings Wealth is not the test. Courts look for stability: steady housing, income enough to meet the child’s basic needs, and no conditions that would keep the home from being a safe one.
The Final Hearing and What the Decree Does
When the investigation is complete and all consents are in order, the court sets a final hearing. The judge reviews the petition, the consents, the investigator’s report, and any other evidence. The adopting relative usually testifies about the family relationship and the reasons for the adoption. An older child may also be heard.
If the judge finds the adoption is in the child’s best interests, the court enters a final decree of adoption. That decree creates a full legal parent-child relationship as if the child had been born to the adoptive parent, and it ends the legal parent-child relationship with any biological parent whose rights were surrendered or terminated.1Justia. Georgia Code 19-8-19 – Effect of Decree of Adoption
After finalization, the court sends the decree to Georgia Vital Records, which issues a new birth certificate listing the adoptive parent. As of July 1, 2025, adult adoptees born in Georgia can also request an uncertified copy of their original pre-adoption birth certificate through the state’s online portal for a $25 fee.9Georgia.gov. Obtaining A Copy of Your Original Pre-Adoption Birth Certificate
What It Costs
Relative adoptions are cheaper than private or agency adoptions, but they are not free. The main line items:
- Court filing fees, generally $150 to $300, plus a publication fee in some counties.
- The home study. If DFCS handles it because the child is already in state custody, there may be no direct cost. A private evaluator ordered by the court typically runs from several hundred to a few thousand dollars.
- Attorney fees. An uncontested case with cooperating biological parents is one of the simpler adoption matters, but legal help is still strongly advisable.
The biggest variable is whether the biological parents cooperate. A case where both parents voluntarily surrender rights and no one objects can be finalized relatively quickly. A case that requires involuntary termination becomes a separate proceeding with its own hearings and considerably more attorney time.
Adoption Assistance and the Federal Tax Credit
Georgia pays monthly adoption assistance for children who meet the state’s special-needs criteria. A child qualifies if, at the time of adoptive placement, the child has been in the care of an agency or someone other than the biological parent for more than six consecutive months, has a physical, mental, or emotional disability verified by a licensed professional, or is part of a sibling group of two or more placed in the same home. The monthly payment cannot exceed what the child would have received in a family foster home, and it continues until the child turns 18 as long as the adoptive parents remain legally and financially responsible. The assistance agreement must be signed before the adoption is finalized. There is no going back for it later.
The federal adoption tax credit helps offset qualified adoption expenses, including court costs, attorney fees, and home study fees. The IRS adjusts the maximum credit each year for inflation, and the credit phases out at higher incomes.10Internal Revenue Service. Notable Changes to the Adoption Credit It is nonrefundable, so it can reduce federal tax to zero but does not generate a refund on its own; unused amounts carry forward up to five years. Check IRS Topic No. 607 or the Form 8839 instructions for the current year’s dollar limits.
Two Situations That Change the Process
If the Child Is a Member of a Federally Recognized Tribe
When the child is a member of a federally recognized Indian tribe, or is the biological child of a member and eligible for membership, the Indian Child Welfare Act applies. ICWA sets placement preferences that favor the child’s extended family first, then other members of the child’s tribe, then other Indian families.11Office of the Law Revision Counsel. 25 USC 1915 – Placement of Indian Children The court must send formal notice by registered or certified mail to the parents, any Indian custodian, the ICWA designated agent for each tribe where the child is or may be enrolled, and the appropriate Bureau of Indian Affairs regional director; the notice must include birth names, birthplaces, dates of birth, and tribal enrollment information for the child, birth parents, grandparents, and other direct ancestors.12Indian Affairs. ICWA Notice A relative adoption is very possible under ICWA — extended family holds the highest preference — but the procedural steps differ enough that an attorney experienced in ICWA cases is essential.
If the Child Lives in Another State
When the child lives in another state, the Interstate Compact on the Placement of Children usually requires both states to approve the placement before the child crosses state lines. The compact carves out an exemption for family placements: when a parent, stepparent, grandparent, adult sibling, adult uncle, adult aunt, or legal guardian places a child directly with any such relative in another state, the ICPC does not apply.13American Public Human Services Association. ICPC FAQs If a case falls outside the exemption, both states have to process the ICPC paperwork before the child can move, and that adds weeks or months to the timeline.