If you are marrying someone who has a child from a previous relationship, you may be excited to take on a parental role in the child’s life. However, if you would like to legally become the child’s legal parent and have all the legal rights and responsibilities that come with parenthood, there are several steps you will have to take.
Under Georgia law, you as the stepparent must be at least 21 years old, a Georgia resident and legally married to the child’s biological parent (parent with primary custody). The custodial parent must also consent to the adoption.
The next step will involve the termination of the parental rights of the child’s non-custodial biological parent. These rights may be terminated voluntarily (the parent agrees to give up their rights) or through court order based on the court’s determination. If the non-custodial parent is deceased, only the custodial parent’s consent is needed.
Once the non-custodial parents’ rights have been terminated, the stepparent may begin the official adoption process by filing a petition for adoption with the Superior Court in the county of the child’s residence. The stepparent must typically documentation, including the following:
- Child’s birth certificate.
- Marriage certificate.
- Court orders relating to custody or parental rights.
The court will then schedule a hearing, after a home study if necessary.
The court considers several factors, such as the relationship between the child and the stepparent, whether the biological parents consent to the adoption, and the stability of the child’s living environment.
The court uses these factors to determine whether the adoption is in the best interest of the child. If the court determines, the court will approve the adoption, and the stepparent will have full legal parental rights. The child’s birth certificate will be updated in accordance with the court order.