Georgia’s relative adoption statute applies to a short, closed list of family members, and a first cousin is not on it.
Which Relatives Qualify
OCGA 19-8-7(a) lets a child “be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling.” Anyone outside that list adopts as a third party under OCGA 19-8-5 instead.
Relatives get one break on eligibility. OCGA 19-8-3(a)(2) normally requires an adopting parent to be at least ten years older than the child, but that 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.”
The Parents Have to Sign
The adoption proceeds “only if each living parent and guardian of such child has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child.” OCGA 19-8-7(a). The surrender is executed after the birth, under oath, before a notary public and an adult witness.
Moreover, a parent who signs has four days to revoke. OCGA 19-8-7(d). If the child is 14 or older, the child’s own written consent has to be given and acknowledged in the presence of the court.
Already Being the Child’s Guardian Does Not Disqualify You
In In the Interest of K. G. V., 358 Ga. App. 61 (2020), a grandmother had been the child’s permanent guardian for years after the juvenile court found the child dependent. She petitioned to adopt, and the trial court dismissed the petition on the theory that a permanent guardian cannot adopt. The Court of Appeals reversed. “Nothing in the language of these statutes disqualifies a permanent guardian from seeking to adopt a child.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!