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Adult Adoption In Georgia: How To Adopt An Adult

Adult Adoption Georgia - Georgia Adult Adoption - How Much Does It Cost To Adopt Someone Over 18 In Georgia - How To Adopt An Adult

What are your requirements for adult adoption in Georgia?

In this article, you’ll learn:

  • can you adopt an adult in Georgia
  • how to adopt an adult in Georgia
  • how much does adopting an adult cost
  • Georgia’s laws for adult adoption
  • reasons you should consider adult adoption

Let’s dig in.

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Adult Adoption In Georgia

The Georgia law for adult adoption is O.C.G.A. 19-8-21.

This Georgia law states that:

An adult can be adopted if they give written consent to being adopted. 

To file for adoption, you have to file a petition for an adult adoption in Georgia.

This needs to get filed in the county where either the petitioner or the adult lives. 

This petition needs to include:

  • name of the adopted adult
  • name of the adoptees
  • address of both parties
  • relevant information (i.e., social security numbers, years of age, etc.)
  • the adult’s written consent to be adopted

After this petition gets filed, the courts will schedule a hearing. 

At this hearing, they will decide whether or not to grant the adult adoption. 

If they grant it, the relationship legally becomes a parent-child relationship. 

What Is Adult Adoption?

Adult adoption is an adoption between two or more adults. 

Usually, it’s done to transfer inheritance rights or filiation

Adult adoption is the process of assuming the parent-child role of an adult. 

Adult adoption permanently transfers rights and responsibilities to the adoptive parent. 

And the biological parents will agree to termination of parental rights. 

Meaning they give up any legal rights to their biological child.

Can You Adopt An Adult?

Yes, an adult adoption may occur once the adoptee reaches 18+ years of age.

So, you can legally adopt an adult once they become an adult.

And adults can adopt other adults.  

For an adult adoption, all you need is:

  • an adult consenting to be adopted
  • another adult willing to adopt them

The Adult Adoption Process In Georgia

Let’s talk about the adult adoption process in Georgia.

Adult adoption in Georgia is managed on a state level.

And not the federal level per O.C.G.A. 19-8-21.

Georgia has its own adoption process forms and documents for:

  • adoption of adults and transferring legal rights
  • setting up the proper inheritance rights with estate planning
  • termination of parental rights of the biological parents

We can supply the correct adult adoption forms to you.

So, let’s cover how to adopt an adult in Georgia. 

How To Adopt An Adult In Georgia

This is the legal process an adoptive parent needs to take to gain legal rights of an adult.

  1. Get the correct adult adoption forms from your lawyer. 
  2. Fill out the paperwork for adoption. 
  3. Have witnesses sign the forms. 
  4. Have the adoption forms notarized by our attorneys. 
  5. Have the biological parents agree to termination of parental rights.
  6. File a petition for adoption with your local Superior Court.
  7. Get a court date scheduled to present your case to the judge. 
  8. Appear in court to present your adoption case. 
  9. Receive your court orders and Decree of Adoption. 

Adopting An Adult In Georgia

Adopting an adult in Georgia allows for legal recognition of the parent-child relationship. 

When adopting an adult in Georgia, you do not need to terminate biological parental rights

(With the adoption of a minor, you do have to.)

An adopted adult is considered the legal child of the adoptive parents. 

How Much Does It Cost To Adopt Someone Over 18?

To adopt someone over 18, it costs about $800. 

How much it costs to adopt someone over 18 depends on:

Filing fees to adopt someone over 18 are about $200-$250. 

Attorney fees are about $350 per hour in Georgia. 

Here’s adoption assistance to help with the cost to adopt someone over 18. 

Can You Adopt Someone Over 18?

Yes, you can adopt someone who is over 18 years old. 

Adult adoption is available to anyone. 

All that’s needed for adult adoption in Georgia is consent from the adoptee.

The biological parents do not need:

  • to consent to the adoption
  • terminate their parental rights

Can You Be Adopted As An Adult?

Yes, you can be adopted as an adult as long as you consent to the adoption

Your biological parent does not need to terminate their parental rights. 

When the adoption is finalized, a new, legal parent-child relationship gets created. 

Georgia Adoption Laws For Adults

Georgia’s adoption laws for adults are very simple. 

The adult you’re adopting just has to give written consent to the adult adoption. 

Unlike normal Georgia adoption laws, you don’t have to terminate parental rights. 

That’s because the adoptee is an adult. 

The adult adoptee gets to choose who has parental rights. 

Why Would You Adopt An Adult?

There are many reasons that someone would adopt an adult. 

Adult adoption is different than establishing guardianship

Guardianship of an adult gets used when the adult needs help taking care of themselves. 

Let’s look at the different types of adoption for adults in the state of Georgia.

People use adult adoption for scenarios such as:

Going Back To Their Birth Family

The first type of adoption is getting reunited with biological parents.

Children sometimes get separated from their families early in life. 

But when those children get older they may be able to reconnect with their families. 

An adult who was adopted at an early age may want to legally go back to their family. 

In this case, their parents can adopt them back. 

Their adoptive parents would have to sign over their parental rights

After this happens, the biological parents can adopt their adult child. 

This allows them to regain the parental rights to their biological child. 

And reinstates the legal parent-child relationship. 

Adopting A Foster Child

Another type of adoption is foster parent adoption of adults.

Some children go through the foster care system but are not legally available for adoption. 

When there is a good relationship, foster parents and the foster child can grow a bond. 

When these foster children become adults, the foster parents can adopt them. 

After they have gotten out of the children services system.

And this adult adoption will establish a legal parent-child relationship with the foster family. 

Passing Down An Inheritance To An Adopted Adult

Adult adoption in Georgia for inheritance rights is more of a safety net. 

You can designate someone as a beneficiary in your will or trust

There’s always a chance that your will gets contested. 

If a will gets contested, it’s likely that the judge defaults to an intestate. 

Intestate means that your estate gets distributed per the intestate laws in Georgia

Meaning that the government becomes the executor of your estate.

The state decides how to distribute your property and who to pay first.

In this event, spouses and children get the inheritance. 

This is when adopting an adult for inheritance is important. 

Because they would get a share of the inheritance if the courts default to intestate probate

Let’s say that the decedent was not a biological parent.

Without the adoption of adults, the inheritance won’t go to the person you want it to.

This is why hiring a law firm that understands estate planning is also important.

And it’s important to get the proper legal advice on the adoption process.

Our Atlanta law firm includes estate planning with the adoption process.

This way, the adopted adult doesn’t lose inheritance rights.

Adopting A Step Child

Sometimes step-parents and step-children develop great relationships. 

With step-parent adoption in Georgia, the step-parent can become the legal parent. 

To do this, the biological father does not have to terminate his father’s rights in Georgia.

No consent is needed from the biological parents for adult adoption. 

Relative Adoption Of An Adult

Another common type of Georgia adoption is relative adoption.

Disclaimer: a relative is anyone who is related by blood or marriage, including:

  • grandparents
  • great-grandparents
  • aunts
  • uncles
  • great aunts
  • great uncles
  • siblings

Often, relative adoption is preferred by the foster care system.

They want the foster child to go back to the biological family.

But, relative adoption is not only for foster care.

Let’s say the biological parents are not fit to take care of the child.

The judge would prefer that a relative adoption take place.

They want the child to remain in the family.

And not place them with a new family they are unfamiliar with.

But, for adult adoption, a relative adoption is easy.

You just need to file paperwork for:

  • consent to being adopted
  • adult adoption paperwork

Termination of parental rights is not necessary for adult adoption in Georgia.

How To Adopt An Adult In Georgia

If you want the best Georgia adoption attorneys to represent you, fill out the form below.

Our attorneys in Atlanta have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose rights when adopting.

And you will have a smooth hearing when presenting your case to the judge. 

So that you won’t have any issues with your adult adoption. 

This includes issues related to:

  • termination of parental rights
  • gaining parental rights
  • estate planning
  • inheritance rights

After you fill out the form below, we will set up your free consultation.

And walk you through the adult adoption process in Georgia. 

Talk soon.

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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