Georgia Adoption: Stepparent & the 2018 Code Rewrite

Georgia adoption is governed by O.C.G.A. Title 19, Chapter 8, which was comprehensively rewritten effective September 1, 2018. Adoption permanently transfers parental rights to the adopting parent. Stepparent adoption (O.C.G.A. § 19-8-6) is a common path and generally requires the other legal parent's consent or termination of their rights.

This is general information, not legal advice. Adoption is a permanent legal step with strict procedures — talk to a Georgia attorney.

Adoption permanently makes someone a child’s legal parent, with all the rights and responsibilities that follow.

The governing law

Georgia adoptions are governed by O.C.G.A. Title 19, Chapter 8. Georgia comprehensively rewrote this chapter effective September 1, 2018, so older articles and forms may be outdated — rely on the current statute.

What adoption does

A completed adoption permanently terminates the legal parent-child relationship with the parent being replaced and creates a full legal relationship — including inheritance rights — between the child and the adopting parent. Because it’s permanent, the law requires proper consent (or a court order terminating a parent’s rights) and a finding that the adoption serves the child’s best interest.

Stepparent adoption

A common path is stepparent adoption (O.C.G.A. § 19-8-6), where a parent’s spouse adopts the child. It generally requires:

The consent of the child’s other legal parent, or
A court terminating that parent’s rights (for example, on grounds defined by statute).

Once granted, the stepparent becomes a full legal parent.

Other types

Chapter 8 also covers relative, third-party, and agency adoptions, each with its own consent and procedural rules. Because procedures are exacting and were recently overhauled, this is an area where local counsel matters. To get matched with a local Georgia adoption attorney, connect with a lawyer.

Frequently asked questions

What law governs adoption in Georgia?

O.C.G.A. Title 19, Chapter 8 governs adoptions. Georgia comprehensively rewrote this chapter effective September 1, 2018, so older guidance may be out of date — confirm against the current statute.

How does stepparent adoption work in Georgia?

A stepparent can adopt a spouse's child under O.C.G.A. § 19-8-6. It generally requires the consent of the child's other legal parent, or a court terminating that parent's rights — after which the stepparent becomes a full legal parent.

Does adoption end the other biological parent's rights?

Yes. A completed adoption permanently terminates the legal parent-child relationship with the parent being replaced and creates a full legal relationship with the adopting parent.

Related guides

Alimony (Spousal Support) in Georgia Georgia alimony is support paid from one spouse to the other, and it's authorized but not automatic. A spouse whose adultery or desertion caused the separation can be barred from receiving it (O.C.G.A. § 19-6-1). When alimony is awarded, the court sets the amount using eight statutory factors (O.C.G.A. § 19-6-5), including the standard of living, length of the marriage, and each spouse's finances.

Child Custody in Georgia Georgia decides custody — legal (decision-making) and physical (where the child lives) — by the best interest of the child (O.C.G.A. § 19-9-3). A permanent parenting plan is required (O.C.G.A. § 19-9-1). A child 14 or older may select the parent to live with, but the court follows that choice only if it serves the child's best interest.

Child Support in Georgia Georgia uses the income shares model (O.C.G.A. § 19-6-15): both parents' incomes are combined, a basic support obligation is read from the statutory schedule, and it's divided between the parents in proportion to income. The Georgia Child Support Commission publishes an official online calculator. Specific schedule amounts and adjustments change with amendments — confirm the current statute.

Georgia Divorce: Grounds, Residency & Process Georgia allows divorce on any of 13 grounds (O.C.G.A. § 19-5-3) — 12 fault grounds plus the no-fault ground that the marriage is 'irretrievably broken.' A court can't grant a no-fault divorce until at least 30 days after service. A spouse must generally have lived in Georgia six months before filing (O.C.G.A. § 19-5-2).

Legitimation & Paternity in Georgia In Georgia, paternity and legitimation are different. A paternity action (O.C.G.A. § 19-7-43) establishes that a man is the biological father and can require him to pay support — but it does not give him custody or visitation. Legitimation (O.C.G.A. § 19-7-22) is the separate step that makes an unwed biological father a legal parent, with the right to seek custody and parenting time.

Property Division in a Georgia Divorce Georgia divides marital property by equitable distribution — a fair, not necessarily equal, split. This is a judge-made rule (from Stokes v. Stokes, 1980), not a single statute, and Georgia is not a community-property state. Marital property (acquired during the marriage) is divided; separate property (owned before marriage, or received by gift or inheritance) stays with its owner.

Adoption in Georgia