In Georgia, a third party adoption is one by someone who is neither the child’s stepparent nor a listed relative, and the surrender has to run to that particular person.
Who Counts as a Third Party
OCGA 19-8-5 governs adoption “by a third party who is neither the stepparent nor relative of that child, as such individuals are described in subsection (a) of Code Sections 19-8-6 and 19-8-7.” The relative list in OCGA 19-8-7 is short, so a family friend, foster parent, or cousin adopts as a third party.
The Surrender Has to Run to You
A third party may adopt “only if each living parent and guardian of such child has voluntarily and in writing surrendered all of his or her rights to such child to that third party.” OCGA 19-8-5(a).
For example, in Owen v. Watts, 303 Ga. App. 867 (2010), former foster parents petitioned to adopt a child the county had placed with them. The parents later signed surrenders in favor of the child’s maternal grandmother instead, and the Court of Appeals held the foster parents had no standing: “the parents surrendered their rights in favor of Watts, not the Owens.”
The third party “shall be financially responsible for such child as of the date of surrender by the parent.” Moreover, the petition must be filed within 60 days of the surrender unless the court waives that for good cause. OCGA 19-8-5(j).
The Home Study Comes First
The same subsection bars placement “unless prior to the date of placement a home study shall have been completed, and the home study report recommends placement of a child in such third party’s home.” A court may waive the preplacement study when the child already lives in the home, either as a resident’s child or under a guardianship or custody order. OCGA 19-8-5(l).
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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!