Step Parent Adoption in Georgia
In Georgia, step parent adoption is a legal process where a spouse of a biological parent adopts the biological child of their partner. The objective of step parent adoption is to provide a legal relationship for the child and new spouse with a similar standing as that of a biological parent and the ability to care for the child in the same manner as biological ties.
Prospective step parent adoptions have increased significantly in the state of Georgia. While this can be for various reasons, a common one is divorce and separation becoming more prevalent. These divorces are sometimes of second and third marriages where there are children still living at home. These children are quick to adapt to a new family structure and very often they become enamored with the new spouse quickly.
Custody and rights of visitation were sought by the former spouse as well as child support. However, these obligations come with meaning and substance after legal adoption is granted. It is for this reason that some biological parents do not easily consent to the process. They may feel that their role as parent is suddenly diminished. Additionally , they may have difficulty releasing their parental rights and parenting time with the child.
If the natural parent refuses to consent, the adoption process becomes adversarial. In this situation, the adoption can only occur if the biological parent is found to be unfit by the court. In these particularly difficult matters, we recommend the representation of an Atlanta step parent adoption lawyer.
The process for step parent adoptions can be complicated and require great detail be provided to the court. For example, the medical history of each party must be provided. Another example of confusion is the fact that all three parents must be present for the adoption hearing. It is important that all proceedings happen swiftly before a child reaches their 18th birthday. After that age, the parental rights of the biological parent are automatically terminated and no longer supported by law.
Requirements and Criteria for Step Parent Adoption
A Step Parent must meet the following requirements in order to adopt their spouse’s child:
- Have lived in the state of Georgia at least six months prior to filing the adoption petition.
- Must be married to the child’s biological parent.
- Must give notice of the adoption to certain people (see below for more details), either by 1) personal service or 2) waiver (i.e., having that person sign a document stating he/she waives his/her right to receive notice of the adoption process).
- Must obtain the consent of all persons or entities who have custody of the child, unless a paternity case is currently pending in Georgia and the biological father has not legitimated his biological relationship with the child.
- Must obtain the consent of the proper person or agency that has performed a home study on the family. Georgia law requires a home study in all adoption cases unless there is "good cause" not to perform a study. See OCGA ยง 19-8-23.
- If the parent of the adopted child is not married to the step parent, then the marital parent must have the legal authority to give consent or terminate parental rights.
- If the parent giving consent has filed a pending Petition to Adopt, then the marital parent may join in his/her Petition for Adoption or may file his/her own Petition to Adopt.
- Pay the adoption attorney and the probate court filing fees.
Written consent of the parent not joining in the adoption petition is necessary unless:
The essential concept in step parent adoptions is that a biological parent generally may not consent to his or her spouse adopting a child unless he or she has also agreed to give up his or her own parental rights.
Key Documents for Step Parent Adoption in Georgia
Forms are an essential part of the step parent adoption process. The primary forms to be filed are the Complaint to Adopt the Child, General Consent of Father and/or Mother (for a child who is 14 years of age or older), Adoption Information Form, and the Affidavit of Stepparent as to Georgia Residency. A Georgia Decree of Adoption is also filed as the end product.
The Complaint of Adopt the Child provides the purpose of the action with a brief description of the parties involved and the legal and factual basis for the action. It also provides the specific relief requested to be given by the Court in the final Decree of Adoption.
The General Consent of Father and/or Mother is filed when a parental consent is needed. The next step is that of publication, which is facilitated by filing a Notice of Publication. These generally "run" for four consecutive weeks following the filing of the Complaint.
Afterward, a hearing will usually occur whereby the Judge assigned to the case examines you and witnesses present under oath. When in agreement, the Judge will execute the final Decree of Adoption which is then filed to complete the process.
Most of these forms can be found on the website of the Georgia Administrative Office of the Courts (GA AOC). Once on the website, navigate to the left hand column to the section titled "Probate Court" and click on "Forms, Instructions & Manuals." All general forms for Probate Court can be found here.
Submission of Adoption Documents
After you have determined that all of the adoption forms are filled out correctly, you can sign and file your adoption packet. Once the papers are perfect and you have made at least two good copies of your entire set, you can sign the three documents that must be signed in front of a notary: Take the originals and first copy of each document and go to the clerk’s office in the county where you reside in Georgia. (For adoption matters, it does not matter whether you are actually living within the circuit for the physical county where you are filing the adoption paperwork or just working there.) Take your $2 billing stub and pay the clerk $10 per copy you are having filed and stamped. If you do not have the money to pay the clerk within the next week, she or he will send you an invoice with the order. If you do not pay an invoice, the clerk’s office will not file any more of your documents and, in many cases, will even return the particular document to you because they were never paid for. This happens a lot. That is exactly why we tell you to get your pocketbook out up front. If you are a low-income family, you can fill out an Affidavit of Indigence and on that basis have the fees waived. As long as you are truly indigent, you will be granted the fee waivers required for everything related to the adoption. Common mistakes include filling out the wrong form for the name change, leaving out parts of the process (such as the publication process), and filing an incomplete adoption packet. If you feel like you need assistance filing your adoption packets, just call our office. We have found that generally when the adoption packets are filed correctly with complete payment, the judge will be more than happy to grant the adoption.
Home Study Evaluation
A home study is a basic requirement, and is generally performed before the filing of the adoption petition. The home study is an examination of the lives and living environment of the adopting parents that is conducted for the purpose of telling the Judge pertinent information about the existence, suitability, stability, safety and conditions of the home environment. Much like a background check is done to ensure that the individual does not have a criminal history that prevents them from being an adoptive or foster parent , a home study is done to ensure that the home where the child will be placed in is safe and nurturing. While they do not typically go inside or examine the home, the home study provider is looking for several things right off the bat: Two common practitioner types for a home study are social workers or licensed professional counselors that are and have been certified in completing these studies. A background check and an in-home interview are pretty standard in the process, and may vary by county. Their report is to be filed with the adoption petition so that the Judge has current information at the time of the Petition.
Court Hearing and Adoption Finalization
Once the requisite time period has passed, the court will schedule a hearing on your petition. In Fulton County, these hearings are generally held at the DeKalb County Courthouse (the courthouse closest to the Atlanta area). At this hearing, the judge will hear testimony from any witnesses you bring with you to the hearing, including the child, the child’s other biological parent, and/or family members. The judge will consider this testimony in light of the arguments you make on paper and orally at the hearing. After hearing this testimony and receiving evidence, the judge will issue a ruling on the adoption.
It is not necessary for the step-parent or the adopting parent to be present, but it can help speed the Judge’s review. However, the biological parent whose rights are being terminated must always appear at the hearing. If the biological parent does not appear, the Court cannot terminate his or her rights and complete the step-parent adoption at that time. Georgia law requires service of all proceedings on a Biological Parent whose rights are being terminated. It is advisable to have your attorney serve the Biological Parent by personal service at least two weeks before the hearing. A hearing on the petition will not be set until the necessary time has elapsed after service on the biological parent.
On occasion, the judge may not grant the petition because the adoption would not be in the best interests of the child. In this situation, the court can either issue a written ruling or schedule a further hearing for additional evidence, including evidence by the Court’s appointed attorney (if one is appointed).
The finalization hearing is often little more than the Judge calling the case, reviewing the papers and asking the adopting parent(s) questions about the adoption. But there is a cost to get to this hearing. You’ll be asked about any criminal convictions and Child Support obligations. Your petition may have been drafted by a lawyer (and this is always the best way to do an adoption), and the lawyer will have made sure the required investigation is done and everything is in order.
If the child was previously in the custody of the Division of Family and Children’s Services or was adopted away from the parents, then an attorney from that Division will be present at the hearing to explain why the Division is releasing custody and endorsing the Petition for Adoption.
In many cases, the step-parent adoption process can move quickly. When that happens, the new couple steps forward into their new roles, and the child immediately begins to benefit by having permanent parents.
Post Adoption and Other Considerations
Once the step parent adoption is finalized, certain actions should be taken to ensure all legal documents are updated and to further clarify parental rights. If the child is currently receiving any government benefits, such as Social Security Disability, it is imperative that the Department of Family and Children Services (DFCS) is notified of the adoption, so that the child’s benefits may be updated as necessary. After the adoption is complete, consider making a new Will, power of attorney, and other estate planning documents, reflecting your new relationships. Additionally, some parents choose to obtain a new birth certificate for their child; under Georgia law, the Court will issue a new birth certificate for the child if the child was born in Georgia. If the child is not adopted by the new spouse but the child’s name was officially changed in the adoption, the child will be issued a new birth certificate reflecting the new name. However, the child’s biological parents shall continue to be listed as the legal parents on the amended birth certificate. Generally, the biological parents’ names cannot be removed or changed from the birth certificate.
Common Issues and Resolutions
One of the prevalent hurdles in step parent adoptions in Georgia is the tumultuous relationship between the biological parent and the step parent. Not only does the biological parent usually need to consent to the adoption, but he must be notified of the proceedings as well. Tension and conflict in this process could be heightened with domestic violence or other issues. A Georgia step parent adoption attorney can help to find the solution that is best suited for you in your situation. Many concerns can be surmounted with patience and knowledge. In some situations, the biological parent may wish to relocate which could bring up the very real possibility of relocating out of state. This can be a potential issue if the biological parent has retained or been granted visitation rights in the past . Other considerations include expenses and other logistical matters including but not limited to school and education factors. Full planning and coordination are required when considering a move during the time of adoption. If the biological parent is not in the picture at all, the adoption proceedings could still become complicated. Some parents outright refuse to comply with the necessary requirements to see the adoption through. In this situation, the adoption process will take a little longer because several motions and applications for a notice by publication and/or service by alternative means will need to be filed. The step parent age eligibility requirement may also be difficult for families with older children. There can be solutions to this problem if consultation with a Georgia step parent adoption lawyer takes place early in the process.