Georgia Stepparent Adoption Petition + Decree Filing Packet

GEORGIA STEPPARENT ADOPTION PETITION + DECREE FILING PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm petitioner (stepparent) is married to the child's biological/legal parent (O.C.G.A. § 19-8-3 and § 19-8-6)
☐ Confirm petitioner is at least 25 years old, or if under 25 is married to the child's parent (O.C.G.A. § 19-8-3(a)(1)); confirm petitioner is at least 10 years older than the child
☐ Obtain certified copy of the child's birth certificate
☐ Obtain certified copy of marriage certificate of petitioner and spouse
☐ Obtain certified copy of any prior divorce decree; custody orders; legitimation orders
☐ Identify the non-custodial parent / biological father; confirm legitimation status (O.C.G.A. § 19-7-22)
☐ Request search of Georgia Putative Father Registry from Department of Public Health, State Office of Vital Records, per O.C.G.A. § 19-11-9; obtain Certificate of Search
☐ If non-custodial parent will surrender, prepare § 19-8-7 Surrender of Rights to a Third Party (Stepparent) — must be witnessed by 2 witnesses and notarized
☐ If non-custodial parent will not surrender, evaluate grounds under O.C.G.A. § 19-8-10(a) (cannot be found, insane, parental rights terminated) or § 19-8-10(b) (significant failure to communicate or provide for support for 1 year or longer immediately prior to filing)
☐ Order GCIC and FBI fingerprint background checks on petitioner
☐ If child is 14 or older, prepare written consent of child under O.C.G.A. § 19-8-4(b) / § 19-8-7
☐ If child is Indian under ICWA, comply with 25 U.S.C. § 1901 et seq.
☐ Prepare UCCJEA affidavit per O.C.G.A. § 19-9-67
☐ Pay Superior Court filing fee (typically $200–$300; varies by county)

PART 2 — PETITION FOR ADOPTION OF MINOR BY STEPPARENT

IN THE SUPERIOR COURT OF [______________] COUNTY
STATE OF GEORGIA

PETITION FOR ADOPTION OF MINOR BY STEPPARENT (O.C.G.A. § 19-8-6)

COMES NOW Petitioner, [PETITIONER STEPPARENT NAME], and pursuant to O.C.G.A. § 19-8-1 et seq., particularly §§ 19-8-3, 19-8-6, 19-8-7, and 19-8-13, files this Petition for Adoption of the minor child of his/her spouse, and shows the Court:

1. Petitioner.
Petitioner [PETITIONER STEPPARENT NAME] is over the age of 18 (and over the age of 25, or, if under 25, is married to the child's parent and resides with the parent and child), is at least 10 years older than the child, is financially, physically, and mentally able to have permanent custody of the child, and is a resident of [______________] County, Georgia, residing at [____________________________________]. (O.C.G.A. § 19-8-3.)

2. Spouse.
Petitioner is lawfully married to [SPOUSE / CUSTODIAL PARENT NAME], the [☐ biological mother ☐ biological/legal father] of the minor child. The marriage was solemnized on [__/__/____] in [______________] County, [______________], and the parties continue to reside together with the child. A certified copy of the marriage certificate is attached as Exhibit A.

3. The Minor Child.
| Field | Information |
|---|---|
| Current Legal Name | [CHILD FULL LEGAL NAME] |
| DOB | [__/__/____] |
| Place of Birth | [____________________] |
| Sex | [______________] |
| Race | [______________] |
| Current Residence | [____________________________________] |
| Has resided with Petitioner since | [__/__/____] |
| Proposed New Name | [CHILD NEW LEGAL NAME] |

A certified copy of the child's certificate of birth is attached as Exhibit B.

4. Non-Custodial Parent / Biological Father.
The non-custodial parent is [NON-CUSTODIAL PARENT NAME], whose last known address is [____________________________________].

(a) [☐ Said parent is the legal father by virtue of: ☐ marriage to the mother at conception/birth; ☐ legitimation order dated [__/__/____]; ☐ adoption.]
(b) [☐ Said parent will execute a Surrender of Parental Rights under O.C.G.A. § 19-8-7 in favor of Petitioner.]
(c) [☐ Said parent is deceased — certified death certificate attached as Exhibit C.]
(d) [☐ Said parent's parental rights have previously been terminated by Order dated [__/__/____] in Case No. [____________].]
(e) [☐ Petitioner alleges under O.C.G.A. § 19-8-10(b) that the surrender or consent of said parent is not required because, for a period of one (1) year or longer immediately prior to the filing of this Petition, said parent, without justifiable cause, has significantly failed: ☐ to communicate or to make a bona fide attempt to communicate with the child in a meaningful, supportive, parental manner; and/or ☐ to provide for the care and support of the child as required by law or judicial decree.]
(f) [☐ Petitioner alleges under O.C.G.A. § 19-8-10(a) that surrender is not required because said parent: ☐ cannot be found after diligent search; ☐ is insane or otherwise incapacitated; ☐ has had parental rights terminated.]

5. Putative Father Registry (O.C.G.A. § 19-11-9).
A search of the Georgia Putative Father Registry maintained by the State Office of Vital Records, Department of Public Health, has been or will be conducted. The Certificate of Search [☐ is attached as Exhibit D] [☐ will be filed prior to hearing]. Any biological father who has not legitimated the child, married the mother, or registered with the Putative Father Registry has, under O.C.G.A. § 19-8-12, lost all rights to the child and is entitled only to such notice (if any) as the statute requires.

6. Consent of Child (Age 14+).
The child [☐ is under 14 years of age, and consent is not required ☐ is 14 years of age or older and consents to this adoption, as evidenced by the written Consent of Child filed herewith under O.C.G.A. § 19-8-4(b)].

7. Home Study / Investigation (O.C.G.A. § 19-8-16).
Petitioner requests that the Court, in its discretion, [☐ waive the home study and investigation as authorized for stepparent adoptions ☐ order a limited investigation by [____________________]]. Petitioner has submitted to and the Court will receive the GCIC and FBI fingerprint background investigations attached as Exhibit E.

8. Best Interests.
The proposed adoption is in the best interests of the minor child.

9. UCCJEA.
Georgia is the home state of the minor child within the meaning of O.C.G.A. § 19-9-61(a)(7), and a UCCJEA Affidavit per § 19-9-67 is filed concurrently.

10. ICWA.
The child [☐ is not ☐ may be] a member of, or eligible for membership in, a federally recognized Indian tribe.

WHEREFORE, Petitioner prays this Honorable Court:

A. Set this matter for hearing pursuant to O.C.G.A. § 19-8-14 and direct the issuance of notice to all required parties under O.C.G.A. §§ 19-8-11 and 19-8-12;
B. Accept the Surrender(s) attached or to be filed, or, in the alternative, find under O.C.G.A. § 19-8-10 that surrender or consent of [NON-CUSTODIAL PARENT NAME] is not required;
C. Waive the home study under O.C.G.A. § 19-8-16;
D. Enter a Final Decree of Adoption granting this Petition;
E. Change the name of the minor child to [CHILD NEW LEGAL NAME];
F. Direct issuance of a new certificate of birth pursuant to O.C.G.A. § 19-8-23; and
G. Grant such other and further relief as is just.

Respectfully submitted,

_______________________________
[ATTORNEY NAME], Ga. Bar No. [__________]
Attorney for Petitioner
[Firm name, address, phone, email]

VERIFICATION

Personally appeared before me, the undersigned, [PETITIONER STEPPARENT NAME], who, after being duly sworn, deposes and states under oath that he/she is the Petitioner herein and that the facts contained in the foregoing Petition are true and correct to the best of his/her knowledge.

_______________________________
[PETITIONER STEPPARENT NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

_______________________________
Notary Public, [______________] County, [State]
My commission expires: [__/__/____]

PART 3 — SURRENDER OF PARENTAL RIGHTS TO STEPPARENT

O.C.G.A. § 19-8-7

STATE OF [______________]
COUNTY OF [______________]

I, [NON-CUSTODIAL PARENT NAME], do hereby state under oath:

1. I am the [☐ biological/legal mother ☐ biological/legal father] of [CHILD INITIALS], born [__/__/____].
2. I am over 18 years of age and of sound mind. I am acting voluntarily.
3. I have been advised by [____________________] (who is not the attorney for the Petitioner) of my rights and the consequences of this surrender, including the right to consult independent legal counsel.
4. I hereby surrender all of my parental rights, duties, and obligations with respect to said child to [PETITIONER STEPPARENT NAME], the spouse of [SPOUSE / CUSTODIAL PARENT NAME], for the express purpose of stepparent adoption under O.C.G.A. § 19-8-7.
5. I understand that this surrender is FINAL upon execution; that under O.C.G.A. § 19-8-9(b) I may revoke this surrender only by written notice received by Petitioner within four (4) days of execution; and that thereafter this surrender is irrevocable except upon proof of fraud or duress.
6. I waive any further notice of the adoption proceeding.

Executed this [____] day of [____________], 20[____].

_______________________________
[NON-CUSTODIAL PARENT NAME]

Sworn to and subscribed in the presence of two witnesses and a notary:

Witness 1: _______________________________ Printed: [______________]
Witness 2: _______________________________ Printed: [______________]

_______________________________
Notary Public
My commission expires: [__/__/____]

ACT OF ACKNOWLEDGMENT (O.C.G.A. § 19-8-26)

The undersigned Petitioner accepts the foregoing Surrender:

_______________________________ Date: [__/__/____]
[PETITIONER STEPPARENT NAME]

PART 4 — CONSENT OF CHILD (Age 14+)

O.C.G.A. § 19-8-4(b); § 19-8-7

IN THE SUPERIOR COURT OF [______________] COUNTY, STATE OF GEORGIA
Civil Action File No.: [________________]

I, [CHILD FULL LEGAL NAME], born [__/__/____], being fourteen (14) years of age or older, hereby consent to my adoption by [PETITIONER STEPPARENT NAME], the spouse of my parent [SPOUSE / CUSTODIAL PARENT NAME].

I [☐ consent ☐ do not consent] to the change of my name to [CHILD NEW LEGAL NAME].

_______________________________ Date: [__/__/____]
[CHILD FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

_______________________________
Notary Public / Judge

PART 5 — CONSENT AND JOINDER OF SPOUSE / CUSTODIAL PARENT

O.C.G.A. § 19-8-6(a)

I, [SPOUSE / CUSTODIAL PARENT NAME], the [☐ mother ☐ father] of [CHILD INITIALS], being the spouse of Petitioner [PETITIONER STEPPARENT NAME], hereby consent to the adoption of said child by my spouse, and join in the foregoing Petition. I understand that my parental rights are NOT terminated by this adoption and that I will continue as the child's legal parent.

_______________________________ Date: [__/__/____]
[SPOUSE / CUSTODIAL PARENT NAME]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

_______________________________
Notary Public

PART 6 — AFFIDAVIT OF VOLUNTARY RELINQUISHMENT / TPR SUPPORT

O.C.G.A. § 19-8-10(b) — One-Year Failure to Communicate or Support

I, [PETITIONER STEPPARENT NAME or SPOUSE], being duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. The Non-Custodial Parent, [NON-CUSTODIAL PARENT NAME], has, for a period of one (1) year or longer immediately prior to the filing of this Petition, without justifiable cause, significantly failed to:
   ☐ Communicate or to make a bona fide attempt to communicate with the child in a meaningful, supportive, parental manner
   ☐ Provide for the care and support of the child as required by law or judicial decree

3. Specific facts in support:
   - Last meaningful contact: [__/__/____]
   - Last attempt to communicate: [__/__/____]
   - Court-ordered support: $[________]/month per Order dated [__/__/____]
   - Total support paid in past 12 months: $[________]
   - Other relevant facts: [_______________________________________________
   _______________________________________________________________]

4. The Non-Custodial Parent had the financial and physical ability to maintain contact and provide support but failed to do so without justifiable cause.

5. The granting of this adoption is in the best interests of the minor child.

_______________________________ Date: [__/__/____]
Affiant

Sworn to and subscribed before me this [____] day of [____________], 20[____].

_______________________________
Notary Public

PART 7 — MOTION TO WAIVE HOME STUDY

O.C.G.A. § 19-8-16

Petitioner respectfully moves this Court for an Order waiving the home study and investigation provided in O.C.G.A. § 19-8-16, and shows:

1. This is a stepparent adoption under O.C.G.A. § 19-8-6.
2. Petitioner has resided with the minor child and the child's legal parent (Petitioner's spouse) for a period of [____] months/years.
3. O.C.G.A. § 19-8-16(b) authorizes the Court to waive the home study in stepparent adoptions where the Court determines such investigation is unnecessary.
4. Petitioner has submitted to and the Court will receive the GCIC and FBI fingerprint background investigations.

WHEREFORE, Petitioner prays that the Court enter an Order waiving the home study under O.C.G.A. § 19-8-16.

_______________________________ Date: [__/__/____]
[PETITIONER STEPPARENT NAME or ATTORNEY]

PART 8 — PUTATIVE FATHER REGISTRY SEARCH REQUEST AND NOTICE

O.C.G.A. § 19-11-9; § 19-8-12

REQUEST FOR SEARCH

TO: Georgia Department of Public Health
State Office of Vital Records
Putative Father Registry
1680 Phoenix Boulevard, Suite 100
Atlanta, GA 30349

Pursuant to O.C.G.A. § 19-11-9(e), the undersigned (a member in good standing of the State Bar of Georgia / authorized requestor) requests a search of the Putative Father Registry for any registration concerning the following minor child:

This request is made in connection with an adoption proceeding pending in [______________] County Superior Court, Case No. [________________].

_______________________________ Date: [__/__/____]
[ATTORNEY NAME], Ga. Bar No. [__________]

NOTICE TO BIOLOGICAL FATHER (O.C.G.A. § 19-8-12(e))

TO: [BIOLOGICAL FATHER NAME], [LAST KNOWN ADDRESS]

YOU ARE HEREBY NOTIFIED that a Petition for Adoption of [CHILD INITIALS], born [__/__/____], has been filed in the Superior Court of [______________] County, Georgia, Case No. [________________]. You have thirty (30) days from receipt of this notice to file: (1) a petition to legitimate the child under O.C.G.A. § 19-7-22, AND (2) notice of the filing of the legitimation petition with this Court. Failure to do so within 30 days shall constitute a forfeiture of all rights to the child, and your consent or surrender shall not be required for the adoption.

_______________________________ Date: [__/__/____]
[ATTORNEY NAME]

PART 9 — FINAL DECREE OF ADOPTION

O.C.G.A. § 19-8-18

IN THE SUPERIOR COURT OF [______________] COUNTY, STATE OF GEORGIA

FINAL DECREE OF ADOPTION

This matter came on regularly for hearing on [__/__/____] upon the Petition for Adoption of the above-named minor by stepparent. After consideration of the Petition, the surrenders and consents filed of record, the home study results (or motion to waive home study), the background investigations, the report of the Putative Father Registry search, and the evidence presented, the Court FINDS:

1. This Court has jurisdiction of the subject matter and the parties (O.C.G.A. §§ 19-8-2 and 19-9-61).
2. Petitioner [PETITIONER STEPPARENT NAME] is a qualified petitioner under O.C.G.A. § 19-8-3 and is married to [SPOUSE / CUSTODIAL PARENT NAME], the legal parent of the minor child.
3. All required surrenders and consents have been duly executed and filed in accordance with O.C.G.A. §§ 19-8-6, 19-8-7, and 19-8-26; or, in the alternative, the surrender or consent of [NON-CUSTODIAL PARENT NAME] is not required under O.C.G.A. § 19-8-10([____]).
4. Notice has been duly served on all parties entitled to notice under O.C.G.A. §§ 19-8-11 and 19-8-12.
5. The home study under O.C.G.A. § 19-8-16 has been [☐ completed and is favorable ☐ waived as authorized for stepparent adoption].
6. The Petitioner is fit to assume the duties of parenthood.
7. The adoption is in the best interests of the minor child.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The Petition for Adoption is GRANTED.

B. From and after the date of this Decree, the minor child, [CHILD FULL LEGAL NAME], shall be considered the child of Petitioner [PETITIONER STEPPARENT NAME] for all purposes, entitled to all rights and privileges and subject to all obligations of a child of Petitioner born in lawful wedlock (O.C.G.A. § 19-8-19).

C. The parental rights, powers, privileges, immunities, duties, and obligations of [NON-CUSTODIAL PARENT NAME] are hereby TERMINATED (O.C.G.A. § 19-8-19).

D. The parental rights of [SPOUSE / CUSTODIAL PARENT NAME] are PRESERVED and not terminated by this Decree (O.C.G.A. § 19-8-19(a)).

E. The name of the minor child shall be changed from [CHILD FULL LEGAL NAME] to [CHILD NEW LEGAL NAME].

F. The Clerk of this Court shall transmit a certified Report of Adoption to the Department of Public Health, State Office of Vital Records, for issuance of a new certificate of birth pursuant to O.C.G.A. § 19-8-23.

G. The record of this proceeding shall be sealed pursuant to O.C.G.A. § 19-8-23 and § 19-8-24.

SO ORDERED, this [____] day of [____________], 20[____].

_______________________________
Judge, Superior Court of [______________] County, Georgia

PART 10 — REPORT OF ADOPTION / NEW BIRTH CERTIFICATE REQUEST

O.C.G.A. § 19-8-23 (Vital Records Form 3927)

TO: Georgia Department of Public Health, State Office of Vital Records
1680 Phoenix Boulevard, Suite 100, Atlanta, GA 30349

Pursuant to O.C.G.A. § 19-8-23, the undersigned Clerk hereby transmits the following Report of Adoption:

_______________________________ Date: [__/__/____]
Clerk, Superior Court of [______________] County, Georgia

SOURCES AND REFERENCES

• Georgia Adoption Code, O.C.G.A. § 19-8-1 et seq.
• Georgia Putative Father Registry, O.C.G.A. § 19-11-9
• Georgia Department of Public Health Putative Father Registry: https://dph.georgia.gov/ways-request-vital-record/putative-father-registry
• Georgia Department of Public Health Vital Records: https://dph.georgia.gov/vital-records
• Uniform Superior Court Rules
• Georgia UCCJEA, O.C.G.A. § 19-9-60 et seq.
• In re Stroh, 240 Ga. App. 835 (1999) (standard for § 19-8-10(b) findings)

This template must be reviewed by a licensed Georgia attorney before use. County-specific Superior Court forms (e.g., DeKalb, Fulton, Gwinnett, Cobb) and standing orders may add filing requirements.