Adoption and Guardianship

Adoption creates a permanent legal parent-child relationship. Guardianship gives an adult legal authority to care for a child without ending the parents’ rights. Families often choose between them when a stepparent, grandparent or other relative is raising a child, or when parents need someone to step in temporarily. Both require court approval and careful paperwork. Our office helps families in Atlanta, Norcross and across metro Atlanta complete adoptions and establish guardianships.

Adoption in Georgia

Who can adopt

Under Georgia law, a person who wants to adopt generally must:

• Be at least 21 years old, or be married and living with their spouse
• Be at least 10 years older than the child, except in stepparent and relative adoptions
• Be a Georgia resident when the petition is filed, with limited exceptions under the interstate placement rules
• Be financially, physically and mentally able to care for the child

A married person usually must adopt together with their spouse. In a stepparent adoption, the stepparent files alone.

Types of adoption

• Stepparent adoption. A stepparent adopts their spouse’s child. The other legal parent must surrender their rights, or the court must terminate them. The custodial parent consents to the adoption and keeps their rights.
• Relative adoption. A grandparent, aunt, uncle, sibling or certain other relatives adopt the child after each living parent surrenders their rights.
• Third-party (private) adoption. An adoptive parent who is not a relative adopts after the parents surrender their rights directly to them. A home study generally must be completed and recommend placement before the child is placed.
• Agency and foster care adoption. A licensed agency or the Georgia Division of Family and Children Services places the child after parental rights have been surrendered or terminated.
• Adult adoption. Georgia also allows adults to be adopted, usually with simpler requirements.

Consent and surrender

In most cases, each living legal parent must sign a written surrender of rights. The surrender must be signed under oath before a notary and an adult witness. A parent has four days to revoke most surrenders. A child 14 or older must also consent to the adoption in front of the judge.

If a parent will not surrender, the court can terminate that parent’s rights in limited situations, such as when the parent has failed for a year or more to communicate meaningfully with the child or to provide support as required, without justification. A biological father who is not the legal father must receive notice. He generally must file to legitimate the child within 30 days of notice to keep the right to object. See our legitimation page.

The adoption process

1. Gather documents: birth certificate, marriage certificate for a stepparent adoption, any custody orders, and parents’ surrenders or proof supporting termination.
2. Complete any required home study and criminal background checks.
3. File the petition in superior court, usually in the county where the adoptive parent lives.
4. Serve notice on anyone entitled to it.
5. Attend the final hearing. Uncontested adoptions are generally heard within about 120 days of filing, but not sooner than 45 days after filing.
6. Receive the final decree and request an amended birth certificate showing the new parent or parents.

Adoption is permanent. The adoptive parent has the same rights and duties as a biological parent, including the duty of support, and the child can inherit from the adoptive parent. The parent whose rights end no longer has a duty of future support.

International and immigration issues

If the child was born abroad or is not a U.S. citizen or permanent resident, the petition must explain the child’s immigration status. Adoption does not automatically give a child immigration status or citizenship. Separate immigration filings are often needed, and the age of the child at adoption matters. See our green card page.

Guardianship of a minor

A guardian has legal authority to make decisions for a child, such as enrolling the child in school and consenting to medical care, while the parents’ rights continue. Guardianships of minors are usually handled in the probate court of the county where the child lives.

• Temporary guardianship. Parents can consent to a temporary guardian when they cannot care for a child for a time, such as during military deployment, illness or incarceration. A parent can generally ask the court to end the guardianship, though the court may hold a hearing if the guardian objects.
• Standby guardianship. A parent with a serious illness can name a standby guardian who steps in when a triggering event, such as incapacity or death, occurs.
• Permanent guardianship. In some cases, especially when a parent is unable or unwilling to care for the child long term, the court can appoint a guardian on a more lasting basis.

A guardian of the person handles the child’s care. A separate conservator may be needed to manage significant money or property belonging to the child, such as an inheritance or settlement.

Adoption or guardianship?

• Choose adoption when the goal is permanence and the parents’ rights will end by consent or court order.
• Choose guardianship when the arrangement may be temporary, when parents want to keep their rights, or when a parent may later resume care.
• Consider custody or equitable caregiver status in some relative-care situations. These options have their own requirements.

Hypothetical: A stepfather in Grayson has raised his wife’s daughter since she was two. Her biological father has not contacted her or paid support in more than three years. The father refuses to sign a surrender, so the stepfather files a petition to adopt and asks the court to terminate the father’s rights for failure to communicate and support. After the father is served and a hearing is held, the court grants the adoption.

You can also read our child custody page and our divorce and family law overview.

This page reflects Georgia law as of November 2026. Laws and court rules change, so confirm current requirements before you file.

How our office can help

If you are looking for an adoption lawyer in Atlanta or Norcross, our office can determine whether adoption or guardianship fits your family, prepare surrenders and petitions, handle notice to parents, address termination of rights, and represent you at the final hearing.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.