What are the Different Types of Adoptions in Georgia?

 

There are many types of adoption here in Georgia.  Here is some general information to help you decide which type of adoption is best for you and your spouse to expand your family.  

 

 

Here is a great list of the basic types of adoptions in Georgia:

  • Independent/ Private Adoptions
  • Private Agency Adoptions
  • DFCS adoptions
  • Relative Adoptions
  • Step-parent Adoptions
  • International Adoptions

So what does each of these types of adoption really mean?

Private Agency Adoption – These adoptions are adoptions in which the child is placed with the adoptive parents through a child placing adoption agency licensed in the state of Georgia.  A pre-placement home study, criminal background check, child’s background information form, and agency’s written consent to the adoption will be required to a private agency adoption

Department of Family and Children Services (DFCS) Adoptions – These involve the adoption of children who have been in DFCS custody in the foster care system.  DFCS adoptions have the same basic requirements as private agency adoptions.  Most often these children qualify for adoption assistance which can help with legal fees, provide a monthly stipend, and Medicaid for the child.  It is critical that you get approved for this assistance before you finalize a DFCS adoption.

Independent/ Private Adoptions  –  In an independent or private adoption the child is placed directly with the adoptive parents by the child’s biological mother, or by both biological parents, often with the involvement of an adoption attorney.   A pre-placement home study and criminal background check are still required, usually by a licensed adoption agency or qualified social worker.

Stepparent Adoptions – In a stepparent adoption, the stepparent adopts the child of his/her spouse with consent of the spouse. (i.e. the child’s custodial parent).  It is also necessary for the parental rights of the non-custodial parent to either be surrendered or to be terminated in court before the stepparent can adopt the child.  A pre-placement home study is not required for a step-parent adoption, but a criminal background check and court report (verifying the facts in the petition) is required before finalizing the adoption. 

Relative Adoptions – In a relative adoption, the petitioner must be related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, or sibling.  A pre-placement home study is not required for a relative adoption, but a criminal background check and court report (verifying the facts in the Petition) is typically required before finalization of the adoption

Note: Other relatives, even though related by marriage or blood, such as cousins, do not meet the definition of relatives for the purpose of “relative adoption”.

International Adoptions – International Adoption is when you work with an international licensed adoption agency to adopt a child from another country.  It can be a complicated process and the adoption, and immigration of the child to the United Sates, must be approved by both the other country and by the U.S. State Department. 

If you and your spouse are considering expanding your family through adoption we encourage you to contact us.   We would love to help guide you through all of the options.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Why You Should Adopt Your Internationally Adopted Child Again!

People are often confused about whether or not they are required to domesticate their foreign adoption, or “re-adopt” their internationally adopted child.  Do you know what to do?

Here is a Simple Rule of Thumb:

  • If your child was issued an IR-3 or IH-3 immigrant visa, you are not required under federal law to readopt your child, or “domesticate” your foreign adoption, here in the U.S.  
  • If your child entered the U.S. with an IR-4 or IH-4 visa, where the adoption was not completed overseas, re-adoption within the United States is required. This is common in cases where you were given a legal Guardianship (or custody) by the foreign country giving you permission to bring the child into the United States for the purpose of adoption.  You will need to finalize your adoption as soon as possible in your home state upon your return to the United States.  United States citizenship can then be applied for and obtained for your child.

But your analysis should not stop there.  Even if you received a Final Decree of Adoption (and your child was issued an IR-3 or IH-3 visa) in the foreign country and are not required to domesticate your foreign adoption (re-adopt), there are important practical reasons to domesticate your foreign adoption in your home state. 

  • Domesticating your foreign adoption decree allows you to obtain a United States birth certificate (“Certificate of Foreign Birth”) for your child from your home state. This will allow you to obtain certified copies of your child’s birth certificate in the future should you ever need any (which definitely happens). 
  • Domesticating your foreign decree will allow you to legally change your child’s name.
  • Domesticating your foreign decree also provides you with an American adoption decree should your foreign decree ever be lost, damaged, or called into question.

For more information on international adoption please call us anytime for a consultation.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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Terminating Parental Rights, Legitimation, and Adoption

In Georgia, the Superior court does not have the authority to terminate a legal father’s parental rights and grant a biological father’s petition to legitimate a child as part of a divorce matter.  Only the Juvenile Court has jurisdiction to terminate parental rights.  The Superior Court has jurisdiction to terminate parental rights only as part of an adoption. 

 A DNA test confirmed that a man, not her husband, was the biological father of a married woman’s child!  Trust us, it happens more than you would think!  During the married couple’s divorce, the child’s father sought to intervene as a party to their divorce and petitioned to legitimate the child as his own.  The Superior Court terminated the husband’s rights as the legal father and granted the child’s father’s petition to legitimate the child, giving him primary physical custody of the child. 

In Georgia, the Superior Court has jurisdiction over legitimation matters concerning children who have been born out of wedlock.  The Juvenile Court has exclusive jurisdiction for all matters concerning termination of parental rights.   The one exception is in cases concerning adoption.  

The child in the case was born “in wedlock” and so was automatically the legal or “legitimate” child of the husband.  Opening the husband up to be on the hook for child support.  When the Superior Court granted the child’s biological father’s petition to legitimate the child it had to terminate the parental rights of the husband, making the child “illegitimate” for the purpose of granting the child’s biological father’s petition to legitimate.  

The problem is that while the Superior Court has jurisdiction over matters concerning legitimation, it only has the authority to terminate parental rights as part of an adoption.  Since this case involved a divorce and legitimation, and was not an adoption, the Superior Court did not have jurisdiction to terminate the parental rights of the husband.  Many make the mistake of the proper steps to take to solve their unique case, often resulting in denied petitions and considerable resources, wasted.  To discuss the particulars of your case, contact us.

Call us at 678.324-8511;

E-mail us at Info@LawrenceLegal.Law; or 

Click here to schedule a consultation.

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How do you adopt a baby in Georgia?

Adopting a baby is an exciting way to add to your family, but the private infant adoption process can seem overwhelming at first.We can work with you through each step of the process, including:

  • Completing the adoption home study: Before adopting a baby in Georgia, hopeful parents must be approved to adopt with an adoption home study. If you have not already completed the home study process, we can advise you about legal home study requirements and refer you to a trusted home study provider.
  • Finding an adoption opportunity: If you have not already found a prospective birth mother to adopt from, we can advise you on preparing a profile and spreading the word of your adoption while staying in compliance with state adoption advertising laws. If you would like to use an agency’s matching services, we can also refer you to a licensed child-placing agency to complete the matching process.
  • Receiving the adoption placement: When the baby is born, you will likely have an opportunity to meet him or her in the hospital. We can advise you on your rights and role during the birth mother’s hospital stay. We will also work with the expectant mother and her attorney to obtain her legal consent to the adoption.
  • Finalizing the adoption: Following placement, we will provide all of the legal services you need to safely finalize the adoption, including: terminating the parental rights of an unknown or uninvolved birth father, providing legal representation in the case of a contested adoption, ensuring compliance with all state and federal adoption laws, filing the adoption petition with the court and following Georgia finalization procedures.
  • Negotiating a post-placement contact agreement: Today’s adoptions rarely end with finalization. Instead, you will likely stay in touch with your child’s birth parents for years to come through an open or semi-open adoption. We can work with you, the birth mother and her attorney to draft and negotiate a post-adoption contact agreement, which will outline a plan for future contact with your baby’s birth family.

Whether you are interested in adopting an infant in Metro Atlanta or anywhere else in Georgia, we can provide the local legal expertise you need to safely complete the private child adoption process. In addition, we can refer you to other top adoption professionals for any additional assistance you may need to adopt a baby.

To learn more about how to adopt a baby in Georgia or to discuss our newborn adoption services, please contact us  at 678-324-8511 or click here to schedule a consultation.

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How to Legally Adopt an Adult You Care About

Whether a child joins your family as an infant, older child or teenager, the legal adoption process helps to ensure your parent-child relationship is recognized. But what if you develop a meaningful, parent-child relationship with an adult? Can you adopt an adult in Georgianort?

Through adult adoption, families can protect their important relationships, secure certain legal rights, and enjoy the sense of permanence and finality that adoption provides.

What is adult adoption?

Adult adoption is just that — the adoption of one adult by another. We commonly see these situations arise when an adoption was not finalized while the child was a minor, but the adoptive family and adult still want to legalize their parent-child relationship.

Often, the adult adoption process is a way to legally document a deep, longstanding parent-child relationship that already exists; for example, a stepparent may adopt an adult stepchild whose other biological parent’s rights were never terminated, or foster parents may want to adopt a former foster child who aged out of the system while in their care.

For these and many other types of families, adult adoption is a fairly simple process that provides both parties with multiple benefits, including:

  • Inheritance rights for the adopted person
  • Rights to access medical records and visit one another in the hospital
  • Social security benefits

However, the most important benefits of adult adoption are often emotional — for many families, the adoption process is an important symbol of their commitment and love for one another.

How can I adopt an adult?

Adult adoption in Georgia is available to anyone, as long as the adult being adopted consents to the process. When the adoption is finalized, a new, legal parent-child relationship is created.

An adoption attorney is important in every adult adoption in Georgia. Whether you are the adult to be adopted or the potential adoptive parent,We can provide all of the services you need to complete your adult adoption, including:

  • Advising all parties throughout the adoption process
  • Obtaining written consents from the adoptee
  • Filing an adoption petition with the court
  • Finalizing the adoption in court

Adopting an adult you love is easier than you think. Because adult adoption does not involve a home study or termination of parental rights, it tends to be a relatively simple process compared to other types of adoption.

Whether you are interested in adult adoption in Atlanta, Savannah, or anywhere else in Georgia, we can help your family gain the legal recognition you need and deserve.

When you are ready to legally establish your parent-child relationship, please contact us for more information about adult adoption in Georgia, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this exciting time with a committed supportive attorney on your team!

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Can I adopt a Child from another country?

It is always possible to adopt a child from another country, even if you live in the U.S. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa automatically receive U.S. citizenship.  Children adopted from a non-convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and provides the child with citizenship upon arrival in the U.S.

The immigration process varies for inter-country adoptions that are finalized after the child arrives in the States. Georgia currently gives full recognition to adoptions completed abroad, so long as the laws of the country and U.S. were followed. While re-adoption in Georgia is not required, in order for your child to receive a U.S. birth certificate parents must submit either re-adoption or validation of a foreign adoption documents to the courts.

Applicants can be single, married, or divorced. If single, a parent needs to be at least 25 years old and 10 years older than the child. If married, both parents need to be 10 years older than the child. You must be a Georgia resident for at least 6 months. Parents must pass a home study.

Only licensed child placing agencies within the state of Georgia may adopt or arrange for a child to be adopted. Consent may be executed any time after birth of the child. Birth parents have 10 days from executing consent to revoke.

Only medical expenses directly related to the birth of the child are permitted. Contact agreements are not legally enforceable.

Unmarried fathers wishing to receive notice of adoption proceedings can file a paternity acknowledgement form.

To discuss the specifics of your family’s needs, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.

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What Adoption Regulations Exist in Georgia?

Only licensed child placing agencies within the state of Georgia may adopt or arrange for a child to be adopted. It is against the law for any person or organization to offer anything of value to the birth parents in exchange for placement of their child. §19-8-24(a)

Relinquishment: Consent may be executed any time after the birth of the child. Birth parents have 10 days from the signing of consent to withdraw their surrender of parental rights. §19-8-5 , 19-8-9(b)

Birth parent expenses: Hopeful adoptive parents may reimburse the birth mother for medical expenses directly related to the birth of the child.§19-8-24(a)(2)

Post-adoption contact agreements: Contact agreements are not legally enforceable in Georgia.

Birth father rights: Unmarried fathers wishing to receive notice of adoption proceedings can file a paternity acknowledgement form with the Department of Public Health.

Finalization: The average time between termination of parental rights and adoption finalization was 13 months.

To discuss the specifics of your case, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.

Is Adoption Assistance Available in Georgia?

Many of the children waiting to be adopted in Georgia have special needs. Federal (Title IV-E) and state (non-IV-E) programs exist to help adoptive parents meet their child’s needs. In Georgia, monthly payments range from $440-480, depending upon your child’s age. Please visit NACAC.org for more information on adoption subsidies within Georgia.

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Can I Adopt in Georgia?

Applicants can be single, married, or divorced. If single, a person needs to be at least 25 years old and 10 years older than the child they wish to adopt. If married, both adults only need to be 10 years older than the child they wish to adopt. You must be a Georgia resident for at least 6 months before applying to adopt a child. Prospective parents need to pass a home safety check, criminal background check, medical examination, and provide a list of professional references. Applicants must complete a 23 hour service orientation. This is part of the home study process. Foster parents are required to have a GA license.

For questions regarding the particulars of expanding your family through adoption in Georgia, please call 678-324-8511 or email info@lawrencelegal.law.

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