Adoption

 
     


 
Georgia Law and Independent Adoptions

Pre-birth:

  • The birth parents can choose the adoptive family for the child.


  • It is recommended that the birth mother goes through counseling to resolve any issue associated with the adoption plan.


  • All efforts are made to gather information on the birth father and make him aware of the adoption plan. Contacting the birth father at an early stage usually prevents more conflicting situations.


  • The birth parents are asked to share their medical history and the medical history of their relatives.


  • The potential for the Native American origins of the child are discussed (to comply with the Indian Child and Welfare Act).


  • The adoptive parents must complete a home study.

 

 

After the birth:

  • Surrenders of the birth parents are taken.


  • The 10 day revocation period begins the day after the surrender is executed. In order to withdraw the surrender, the birth parents must provide a written declaration of withdrawal and send it prior to the 10th day following the surrender.


  • If the adoptive parents reside in a different state than where the child is born, the attorneys send a package to the Interstate Compact on the Placement of Children (ICPC). The package contains the surrenders, the mother's affidavit, and the American Indian affidavit among other documents.


  • The adopted child may stay with the adoptive parents during the revocation period, but the adoptive parents must not leave the state where the child was born until the ICPC Bureau of the child's home state and the adoptive parents' state have given their approval.


  • The attorneys petition the court for adoption including among other documents, Georgia Bureau of Investigation Fingerprints, the child's birth certificate or birth and delivery record, marriage certificates and divorce decrees if applicable, and the ICPC approval.


  • If the birth father has refused to sign the surrender, he is then notified that he has 30 days to file a Petition to Legitimate the child and give notice of the filing of the Petition to Legitimate to the Court in which the Petition for Adoption is pending. In addition to searching the Putative Father Registry, if the birth mother genuinely doesn't know who the biological father of the child is, the court will grant permission to establish notice by publication.


  • A Final hearing takes place in court or in the judge's chambers. The adoptive parents and the child must be present. The birth parents are not invited to the hearing. The adoptive parents' relatives and close friends may attend the hearing. It is at that time that the court will formally terminate the rights of the birth parents by court order. Most judges allow the adoptive parents to bring a camera and take a picture of the newly extended family.


  • The Bureau of Vital records will issue a new birth certificate for the child.