Georgia Code
Article 1 - General Provisions
§ 19-8-3. Who May Adopt a Child; When Petition Must Be Filed in Names of Both Spouses

History. Code 1981, § 19-8-3 , enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 2/HB 154.
The 2018 amendment, effective September 1, 2018, in subsection (a), in the introductory language, substituted “individual” for “adult person” near the beginning and substituted “he or she” for “the person” near the end; in paragraph (a)(1), inserted “or her” in the middle and added “, or is at least 21 years of age and is a relative of the child” at the end; added the exception in paragraph (a)(2); rewrote paragraph (a)(3), which read: “Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and;” deleted former subsection (b), which read: “Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.”; redesignated former subsection (c) as present subsection (b); and, in subsection (b), substituted “an individual” for “a person” near the beginning, substituted “petition for adoption shall” for “petition must” near the middle, and in the proviso, inserted “or was” and substituted “such petition” for “the petition”.
The 2021 amendment, effective July 1, 2021, in paragraph (a)(1), substituted “21” for “25” near the beginning and deleted “, or is at least 21 years of age and is a relative of the child” following “spouse” at the end, and rewrote paragraph (a)(3), which read: “Is a bona fide resident of this state at the filing of the petition for adoption or is a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and”.
Cross references.
Foster Parents Bill of Rights, T. 49, C. 5, Art. 14.
Law reviews.
For comment discussing In re Adoption of “E,” 59 N.J. 36, 279 A.2d 785 (1971), as to the constitutionality of state court’s refusal to approve adoption of child solely because of adopting parent’s lack of religious beliefs, see 6 Ga. L. Rev. 221 (1971).
For note, “Surrogate Mother Agreements in Georgia: Conflict and Accord with Statutory and Case Law,” see 4 Ga. St. U.L. Rev. 153 (1988).
For comment on adoptions by homosexuals, see 55 Mercer L. Rev. 1415 (2004).

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