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How does the adoption process work in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Georgia's Revised Adoption Code (O.C.G.A. § 19-8-1 et seq., effective 2018) shortened many timelines.

1. Types of Adoption

  • Agency adoption (§ 19-8-4) through a licensed Georgia agency.
  • Third-party (private) adoption (§ 19-8-5).
  • Step-parent adoption (§ 19-8-6).
  • Relative adoption (§ 19-8-7).
  • Adult adoption (§ 19-8-21).

    • 2. Petitioner Eligibility

    Under O.C.G.A. § 19-8-3, the petitioner must be at least 21 years old, at least 10 years older than the child (for non-relative), financially and physically able, and a Georgia resident for at least 6 months preceding the petition.

    3. Consent Requirements

    Under O.C.G.A. § 19-8-9, a birth parent's surrender of parental rights cannot be signed earlier than 24 hours after the child's birth. The surrender is revocable within 4 days of execution by written notice delivered to the agency or attorney. After 4 days, the surrender is final absent fraud, duress, or incapacity.

    4. Home Study

    Required under § 19-8-16 in non-relative cases and conducted by a licensed child-placing agency, DFCS, or court-approved evaluator. Step-parent and relative adoptions are typically exempt unless the court orders one.

    5. Termination of Parental Rights (TPR)

    Voluntary via surrender. Involuntary TPR is handled under § 15-11-310 (Juvenile Code) on grounds of parental misconduct or inability. Interstate placements require ICPC compliance (§ 39-4-4). ICWA (25 U.S.C. § 1901) applies to tribal-eligible children.

    6. Finalization Hearing

    Under O.C.G.A. § 19-8-18, the Superior Court may finalize the adoption as early as 60 days after the petition is filed if all surrenders and the home study are in order. The court enters the Final Decree, and the Office of Vital Records issues a new birth certificate.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth parent attempts to revoke surrender within 4-day window
    • Biological father's rights and the Putative Father Registry (§ 19-11-9)
    • Possible ICWA application with tribal heritage
    Related Statutes & Laws
    • O.C.G.A. § 19-8-1 et seq.
    • O.C.G.A. § 19-8-9
    • O.C.G.A. § 19-8-16
    • O.C.G.A. § 39-4-4 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.