Section 19-8-3 – Who may adopt a child; when petition must be filed in names of both spouses

May 11, 2021 | Family Law, Georgia

(a) Any individual may petition to adopt a child if he or she:

(1) Is at least 25 years of age or is married and living with his or her spouse, or is at least 21 years of age and is a relative of the child;
(2) Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7;
(3) Is a bona fide resident of this state at the filing of the petition for adoption or is a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
(4) Is financially, physically, and mentally able to have permanent custody of the child.
(b) If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone.

OCGA § 19-8-3

Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.