Adult Adoption in Georgia: What You Need to Know
Adult Adoption
Understanding Adult Adoption in Georgia
Adult adoption can be an important option for families who have developed a parent-child relationship over many years and want that relationship formally recognized under Georgia law. Georgia law has provisions that provide a legal process for adopting adults requiring special care.
An adult adoption may be appropriate in situations involving a stepparent and adult stepchild, a long-standing parent-child relationship that was never legally established, or other circumstances in which an adult and prospective parent want to create a formal, legal family relationship. An experienced adult adoption attorney can answer your questions and guide you through the adoption process.
Unlike adoption involving a minor child, adult adoption generally does not require the same type of parental-rights analysis because the person being adopted is already an adult. Georgia law specifically provides that an adult individual may be adopted upon giving written consent to the adoption. The proceeding is initiated through a verified petition filed in Superior Court. O.C.G.A. § 19-8-21.
Even though adult adoption can be less complicated than adoption of a minor, it is still a significant legal proceeding. A successful adoption can change legal family relationships, inheritance rights, and other legal consequences. Anyone considering adult adoption should understand the potential effects before filing a petition.
What Is Adult Adoption?
Adult adoption is the legal process through which one adult becomes the legal child of another adult. Once the Georgia court grants the adoption, the relationship between the adoptive parent and adopted adult is legally treated as the relationship between a parent and adult child for purposes of their legal rights and liabilities.
This is different from simply considering someone a son, daughter, parent, or family member in an informal sense. Adult adoption creates a legally recognized parent-child relationship through a court order.
Georgia’s adult-adoption statute also allows the court, if requested, to change the name of the adopted adult as part of the adoption decree.
Why Do People Pursue Adult Adoption in Georgia?
There are many reasons an adult may want to be legally adopted. Some cases arise from family relationships that existed for years but were never formally recognized.
Common reasons for adult adoption may include:
- A stepparent wants to legally adopt an adult stepchild.
- An adult wants a long-term parental relationship legally recognized.
- A person was raised by someone other than a biological parent.
- An adult wants to establish a formal legal family relationship with a parent figure.
- The parties want the legal relationship reflected in estate and inheritance planning.
- The parties want the adopted adult to have the legal status of a child of the adoptive parent.
- The parties want to formalize an existing family relationship for personal and legal reasons.
The motivation for an adult adoption can be deeply personal. In many cases, the legal proceeding formalizes a relationship that already functions as a parent-child relationship in everyday life.
Who Can Be Adopted as an Adult in Georgia?
Georgia law expressly permits the adoption of adult individuals. The adult being adopted must provide written consent to the adoption.
Adult adoption is therefore fundamentally different from a minor-child adoption. The adult is capable of consenting to the legal relationship, and Georgia’s statute specifically makes that written consent part of the adoption petition.
The precise circumstances of the proposed adoption should nevertheless be reviewed before filing. Questions involving an existing legal parent-child relationship, prior adoption, marital status, inheritance planning, or an adoption involving another state can create additional legal considerations.
Does the Adult Being Adopted Have to Consent?
Yes. Written consent from the adult being adopted is a central requirement under Georgia’s adult-adoption statute.
O.C.G.A. § 19-8-21 provides that an adult individual may be adopted upon giving written consent. The petition must include the adult’s written consent to the adoption.
This is one of the major distinctions between adult adoption and adoption of a minor. The adult being adopted has a direct and legally significant role in deciding whether the adoption should occur.
Does the Biological Parent Have to Consent to an Adult Adoption?
Adult adoption does not operate in exactly the same way as adoption of a minor. Georgia’s adult-adoption statute focuses on the written consent of the adult being adopted and requires the petition to identify whether one or both of the adult’s existing parents will be replaced by the adoption.
That means a prospective adoptive parent should not assume that the consent requirements applicable to a minor’s adoption automatically apply to an adult adoption.
The legal consequences can nevertheless affect existing parent-child relationships. Georgia law provides that the adoption decree can terminate legal relationships between the adopted person and former relatives in circumstances described by statute, including consequences involving inheritance.
Because of these potentially significant consequences, an adult adoption should be evaluated based on the specific family structure and the relationships the parties intend to establish or change.
What Does the Adult Adoption Petition Need to Include?
Georgia law establishes specific requirements for an adult-adoption petition.
Under O.C.G.A. § 19-8-21, the verified petition must identify information including:
- The name of each petitioner
- The age of each petitioner
- The residence of each petitioner
- The name, age, and residence of the adult being adopted
- The name by which the adopted adult is to be known
- The adult’s written consent to the adoption
- Whether one or both of the adult’s parents will be replaced by the adoption
The statute requires the petition to be filed together with a conformed copy in the Superior Court of the county in which any petitioner or the adult to be adopted resides.
Because adoption petitions are legal pleadings, accuracy is important. Errors concerning names, residences, relationships, consent, or the requested legal effect of the adoption can create unnecessary complications.
Where Is an Adult Adoption Filed in Georgia?
Georgia’s adult-adoption statute provides that the verified petition is filed in the Superior Court of the county in which either a petitioner or the adult being adopted resides.
This venue provision can be particularly important when the parties live in different Georgia counties. It can also become more complicated when one or more parties live outside Georgia.
Before filing, prospective parties should confirm that the selected court has proper jurisdiction and venue for the particular adoption.
The Adult Adoption Process in Georgia
Although individual cases can differ, an adult adoption generally follows several important stages.
1. Discuss the Purpose and Legal Consequences
The prospective adoptive parent and adult adoptee should understand what the adoption is intended to accomplish and what legal relationships may be changed as a result.
This is especially important when inheritance, estate planning, existing parents, or other family relationships are involved.
2. Determine the Appropriate Court
The parties must determine the appropriate Superior Court for filing. Georgia law permits an adult-adoption petition to be filed in the county where any petitioner or the adult being adopted resides.
3. Prepare the Verified Petition
The adoption petition must contain the information required by Georgia law and must include the adult’s written consent.
4. File the Petition
The petition and required copies are filed with the appropriate Superior Court. Court filing requirements and local procedures should be confirmed with the clerk or an attorney familiar with Georgia adoption proceedings.
5. Prepare for the Court Hearing
Georgia law provides that the court may assign the petition for hearing at any time. The court examines the petitioner or petitioners and the adult being adopted before determining whether the adoption should be granted.
6. Court Approval and Adoption Decree
If the court is satisfied that there is no reason the adoption should not be granted, it enters a decree of adoption. If requested, the court may also change the adopted adult’s name.
7. Post-Adoption Documentation
Georgia law provides for the forwarding of adoption decrees and issuance of adoption certificates under the applicable statutory procedures. Adult adoptions are expressly made subject to the relevant provisions concerning the effect of an adoption decree and adoption records.
Does Georgia Require a Home Study for Adult Adoption?
Adult adoption is structurally different from adoption of a minor child. Georgia’s adult-adoption statute establishes a process centered on the written consent of the adult being adopted and examination by the court rather than the conventional minor-child adoption process.
Georgia’s general adoption statutes contain provisions concerning investigations and criminal-history checks for adoption petitioners, but the adult-adoption statute specifically governs the adoption of adults and incorporates Sections 19-8-19 and 19-8-20.
Because procedural requirements can depend on the particular facts and court, prospective parties should verify whether any additional investigation, documentation, or local court requirement applies to their case rather than assuming that a traditional minor-child home study is required.
Does the Adult Adoption Require a Court Hearing?
Yes. Georgia’s statute contemplates court review and examination of the parties.
After the petition is filed, the court may schedule the adoption for a hearing. The court examines each petitioner and the adult being adopted. If the court is satisfied that there is no reason the adoption should not be granted, it enters the adoption decree.
The hearing gives the court an opportunity to confirm the parties’ identities, consent, and understanding of the proposed legal relationship.
Can an Adult Adoption Change the Adopted Person’s Name?
Yes. Georgia law specifically provides that the court may change the name of the adopted adult if the change is requested.
A person considering a name change should understand that changing a legal name can require updating identification, financial accounts, employment records, insurance information, professional licenses, and other documents after the adoption.
What Are the Legal Effects of Adult Adoption?
Adult adoption is not merely symbolic. Once finalized, it creates a legal parent-and-adult-child relationship.
Georgia’s adult-adoption statute expressly provides that the relationship between the petitioner and adopted adult will be the same, as to legal rights and liabilities, as the relationship between a parent and adult child.
The adoption can therefore have consequences involving:
- Inheritance
- Estate planning
- Family relationships
- Legal parentage
- Rights and liabilities between parent and adult child
- Use of the adopted person’s new legal name, if changed
- Interpretation of certain legal documents
The exact consequences depend on the circumstances and applicable law.
Adult Adoption and Inheritance Rights in Georgia
Inheritance is one reason some families consider adult adoption. Establishing a legal parent-child relationship can affect how certain inheritance rights are treated.
However, adult adoption should not be viewed as a substitute for comprehensive estate planning. Wills, trusts, beneficiary designations, retirement accounts, life insurance policies, business interests, and other assets may be governed by separate legal instruments and rules.
Georgia’s adoption statute also provides significant consequences for legal relationships with former relatives. O.C.G.A. § 19-8-19 generally provides that an adoption decree terminates legal relationships between an adopted individual and former relatives, subject to statutory exceptions, including provisions concerning the spouse of the petitioner and relatives of that spouse.
Because an adoption can affect inheritance relationships in both intended and unintended ways, families should review their estate-planning documents when considering adult adoption.
Adult Adoption by a Stepparent
One of the most common reasons to consider adult adoption is the relationship between a stepparent and an adult stepchild.
A stepparent may have helped raise a child from a young age but never completed a legal adoption. Once the child reaches adulthood, the parties may still want to establish the legal relationship that reflects the family relationship they have maintained for years.
Adult adoption provides a different legal pathway from the stepparent-adoption process applicable to a minor. Georgia has a separate statute addressing stepparent adoption of children, while O.C.G.A. § 19-8-21 specifically addresses adoption of adults.
For that reason, a stepparent should not assume that the procedures for adopting a minor stepchild remain the same after the child reaches adulthood.
Adult Adoption When the Adoptive Parent Is Married
Marriage can create additional considerations in an adult-adoption case. The parties should determine whether one spouse or both spouses intend to establish the parent-child relationship and whether the proposed adoption has consequences for existing family relationships or estate planning.
Georgia’s adult-adoption statute permits the petition to identify the petitioner or petitioners and specifies the legal relationship created by the adoption.
Because family structures vary, married couples considering adult adoption should have the petition reviewed carefully before filing, particularly where the adoption could affect inheritance or other legal relationships.
Adult Adoption and Existing Biological Parents
An adult adoption can raise questions about the legal status of the adult’s existing parents.
Georgia law requires the adoption petition to state whether one or both parents of the adult being adopted will be replaced by the adoption. If only one parent is being replaced, the adoption decree must identify which parent is being replaced.
This is an important detail because the parties should understand precisely what legal relationship they are asking the court to establish.
Adult adoption should not be undertaken without considering the potential impact on existing family relationships, particularly when the adoptee has living biological or previously adoptive parents.
Can an Adult Be Adopted by Someone Other Than a Stepparent?
Yes. Georgia’s adult-adoption statute is not limited to stepparents. It provides generally for the adoption of adult individuals with the adult’s written consent.
The relationship between the prospective parent and adult adoptee may take many forms. What matters for purposes of the statute is whether the parties meet the legal requirements for an adult adoption and whether the court determines that there is no reason the adoption should not be granted.
How Long Does Adult Adoption Take in Georgia?
The time required for an adult adoption can vary based on the county, court schedule, completeness of the petition, and whether complications arise.
Georgia law allows the court to assign an adult-adoption petition for hearing at any time after filing.
Because court schedules and local filing procedures vary, it is generally better to discuss the anticipated timeline with the appropriate Superior Court clerk or an experienced Georgia adoption attorney rather than relying on a guaranteed number of days or weeks.
How Much Does Adult Adoption Cost in Georgia?
The cost of an adult adoption can vary considerably depending on the circumstances.
Potential expenses may include:
- Court filing fees
- Attorney fees
- Costs associated with obtaining certified records
- Document preparation and notarization expenses
- Costs associated with a legal name change, if applicable
- Additional expenses if complications require further court proceedings
Uncontested adult adoptions may be less expensive than complicated adoption proceedings, but families should obtain a complete estimate of anticipated costs before beginning the process.
Common Reasons an Adult Adoption May Become Complicated
Although adult adoption can be relatively straightforward, complications can arise.
Unclear Family Relationships
Questions about who is the adult’s legal parent, whether there was a prior adoption, or whether another legal relationship exists may need to be resolved.
Inheritance Concerns
Families may discover that an adoption has consequences for inheritance or estate planning that were not initially anticipated.
Multiple Family Members
When an adult has biological parents, adoptive parents, stepparents, and other parental figures, the parties should carefully identify the precise legal relationship they want the court to establish.
Interstate Issues
When the prospective parent and adult adoptee live in different states, questions concerning jurisdiction, venue, recognition of adoption orders, and the laws of another state may need to be considered.
Georgia law addresses recognition of qualifying adoption orders from other jurisdictions, but interstate circumstances should be reviewed individually.
Adult Adoption vs. Legal Name Change
Adult adoption and a legal name change are not the same thing.
A person can generally pursue a name change without creating a legal parent-child relationship. Adult adoption, on the other hand, creates a legal parent-and-adult-child relationship and may also include a name change if the court approves the request.
Someone whose primary objective is changing a name should therefore determine whether an adoption is actually necessary to accomplish the desired result.
Adult Adoption vs. Estate Planning
Another important distinction is between adult adoption and estate planning.
An adoption can affect inheritance relationships, but it does not eliminate the need for appropriate estate-planning documents. A person may use a will, trust, beneficiary designation, or other estate-planning instrument to accomplish objectives that do not require adoption.
Conversely, if the parties want the legal relationship itself to be recognized as parent and adult child, estate planning alone may not accomplish that objective.
Families considering adult adoption for inheritance reasons should consider coordinating the adoption with a review of their broader estate plan.
Frequently Asked Questions About Adult Adoption in Georgia
Can you legally adopt an adult in Georgia?
Yes. Georgia law expressly allows adult individuals to be adopted upon providing written consent. The adoption is accomplished through a verified petition filed in Superior Court.
Does the adult adoptee have to consent?
Yes. Written consent from the adult being adopted is specifically required under O.C.G.A. § 19-8-21.
Does adult adoption require a judge?
Yes. The process takes place through the Superior Court, and the court examines the parties before deciding whether to enter the adoption decree.
Can a stepparent adopt an adult stepchild in Georgia?
Adult adoption is available in Georgia and may provide a legal pathway for a stepparent to establish a parent-child relationship with an adult stepchild. The adult-adoption statute, rather than the minor-child stepparent adoption procedure, governs an adult adoption.
Can an adult adoption change the person’s last name?
Yes. Georgia law allows the court to change the adopted adult’s name if the change is requested as part of the adoption.
Does adult adoption affect inheritance?
It can. Adoption creates a legal parent-and-adult-child relationship, and Georgia’s adoption statutes address the effect of adoption on legal relationships and inheritance. Because estate consequences can be significant, wills, trusts, and beneficiary designations should be reviewed as part of the process.
Does the adult’s biological parent have to approve the adoption?
The requirements for adult adoption differ from those governing adoption of a minor. Georgia’s adult-adoption statute specifically requires the adult adoptee’s written consent and requires the petition to identify whether one or both existing parents will be replaced. The circumstances of a particular case should be reviewed before determining what additional consent or notice may be required.
Is adult adoption permanent?
Adult adoption creates a legal parent-and-adult-child relationship through a court decree. Because an adoption can affect other legal family relationships, it should be treated as a significant and potentially permanent legal decision.
Can an adult adoption be done without an attorney?
Georgia law does not state in O.C.G.A. § 19-8-21 that an attorney must represent the parties. However, adoption is a court proceeding with potentially significant consequences for family relationships and inheritance. Professional legal assistance can be especially valuable when the case involves prior adoptions, complicated family relationships, interstate issues, or estate-planning concerns.
Why Legal Guidance Can Be Important in an Adult Adoption
Adult adoption may appear simpler than adopting a minor, but simplicity should not be confused with insignificance.
The petition must satisfy Georgia’s legal requirements, the adult’s written consent must be properly addressed, the court must review the case, and the parties should understand what legal relationships will result from the adoption.
An experienced Georgia family law or adoption attorney can help prospective adoptive parents and adult adoptees:
- Determine whether adult adoption is the appropriate legal solution.
- Identify the correct Superior Court for filing.
- Prepare the adoption petition and supporting documents.
- Address the adult adoptee’s written consent.
- Identify which existing parental relationship is intended to be replaced.
- Prepare for the court hearing.
- Request a legal name change when appropriate.
- Evaluate potential inheritance and estate-planning consequences.
- Address interstate or unusual family circumstances.
Contact a Georgia Adoption Attorney About Adult Adoption
Adult adoption can provide legal recognition for a meaningful parent-child relationship that already exists or has developed over time. Georgia law provides a specific process for adopting an adult, centered on the adult’s written consent and review by the Superior Court.
However, the decision to pursue adult adoption should be made with an understanding of its broader legal consequences. An adoption can affect existing family relationships, inheritance rights, estate planning, and other legal rights and liabilities.
If you are considering adopting an adult in Georgia—or you are an adult who wants to be legally adopted—an experienced Georgia adoption attorney can help you understand the process and determine whether adult adoption is appropriate for your circumstances.
Important: This article is intended for general informational purposes and does not constitute legal advice. Georgia adoption laws and court procedures may change, and the requirements applicable to a particular case can depend on its specific facts. Consult a qualified Georgia attorney regarding your individual circumstances.
Sources and Additional Information
Footnotes & Credits
- Photo by Vitaly Gariev on Pexels
Share This
