§ 19-8-1.Definitions

Chapter 8. Adoption · Article 1. General Provisions · Last amended 2018 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-8-1 defines the key terms used throughout Georgia’s adoption article, including who counts as a child, a parent, a legal father and a legal mother, and who may conduct the home study that screens a prospective adoptive home.

Full Text of § 19-8-1

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For purposes of this article, the term:

(1) “Alaskan native” means a member of the Alaska Native Regional Corporations formed under the Alaska Native Claims Settlement Act of 1971 (ANCSA).

(2) “Biological father” means a male who impregnated the biological mother resulting in the birth of the child.

(3) “Biological parent” means a biological mother or biological father.

(4) “Child” means an individual who is under 18 years of age and who is sought to be adopted.

(5) “Child-placing agency” means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49.

(6) “Department” means the Department of Human Services.

(7) “Evaluator” means a person or agency that conducts a home study. An evaluator shall be a child-placing agency, the department, or a licensed professional with at least two years of adoption related professional experience, including a licensed clinical social worker, licensed master social worker, licensed marriage and family therapist, or licensed professional counselor; provided, however, that when none of the foregoing evaluators are available, the court may appoint a guardian ad litem or court appointed special advocate to conduct a home study.

(8) “Guardian” means an individual appointed as a:

(A) Guardian or temporary guardian of a child as provided in Title 29;

(B) Guardian of a child pursuant to Code Section 15-11-13; or

(9) “Home study” means an evaluation by an evaluator of a petitioner's home environment for the purpose of determining the suitability of such environment as a prospective adoptive home for a child. Such evaluation shall consider a petitioner's physical health, emotional maturity, financial circumstances, family, and social background and shall conform to the rules and regulations established by the department for child-placing agencies for adoption home studies.

(10) “Home study report” means the written report generated as a result of the home study.

(11) “Legal father” means a male who has not surrendered or had terminated his rights to a child and who:

(A) Has legally adopted such child;

(B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order of a court of competent jurisdiction;

(C) Married a legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order of a court of competent jurisdiction; or

(D) Has legitimated such child by a final order pursuant to Code Section 19-7-22.

(12) “Legal mother” means a female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.

(13) “Native American heritage” means any individual who is:

(A) A member of a federally recognized American Indian tribe; or

(B) An Alaskan native.

(14) “Out-of-state licensed agency” means an agency or entity that is licensed in another state or country to place children for adoption.

(15) “Parent” means a legal father or a legal mother of the child.

(16) “Petitioner” means an individual who petitions to adopt or terminate rights to a child pursuant to this article.

(17) “Putative father registry” means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

End

Plain-English Summary

This section is the dictionary for Article 1 of Georgia’s adoption chapter. Its 17 definitions decide who has to sign what, who gets notice and who may screen an adoptive home. A “child” is an individual under 18 years of age who is sought to be adopted. The “department” is the Department of Human Services, and a “child-placing agency” is one licensed under Chapter 5 of Title 49. An “out-of-state licensed agency” is licensed in another state or country to place children for adoption.

The parent definitions matter most. A “parent” means only a legal father or a legal mother. A legal mother is the biological or adoptive mother who hasn’t surrendered her rights or had them terminated. A legal father is a man who hasn’t surrendered or lost his rights and who fits one of four descriptions: he adopted the child; he was married to the biological mother when the child was born or within the usual period of gestation; he married a legal mother after the birth and recognized the child as his own; or he legitimated the child by a final order under § 19-7-22. The two marriage routes fall away if a final court order disproved paternity. A “biological father” is the man who impregnated the biological mother. So a biological father who never married the mother and never legitimated or adopted the child is not a “parent” under this article. His rights run through the notice and legitimation process in § 19-8-12.

The home-study terms set the screening rules. An “evaluator” must be a child-placing agency, the department, or a licensed professional with at least two years of adoption related professional experience, such as a licensed clinical social worker, licensed master social worker, licensed marriage and family therapist or licensed professional counselor. When none of those is available, the court may appoint a guardian ad litem or court appointed special advocate to do the study. A home study weighs the petitioner’s physical health, emotional maturity, financial circumstances, family and social background, and must follow the department’s rules for adoption home studies. The section also defines “guardian” by reference to Title 29 and the Juvenile Code, “Native American heritage” (membership in a federally recognized American Indian tribe, or being an Alaskan native), and the “putative father registry” kept under § 19-11-9. The legislature last amended the section in 2018.

Frequently Asked Questions

Is a biological father a “parent” in a Georgia adoption?

Not automatically. Under this section, a “parent” means a legal father or a legal mother. A biological father is a legal father only if he hasn’t surrendered or lost his rights and he adopted the child, was married to the mother at the birth or within the usual period of gestation, married a legal mother after the birth and recognized the child as his own, or legitimated the child by a final order under § 19-7-22. The two marriage routes don’t count if a final court order disproved paternity. A biological father who is not a legal father gets notice and a chance to act under § 19-8-12.

Who can do an adoption home study in Georgia?

An evaluator, which this section limits to a child-placing agency, the Department of Human Services, or a licensed professional with at least two years of adoption related professional experience. The examples listed are a licensed clinical social worker, licensed master social worker, licensed marriage and family therapist and licensed professional counselor. If none of those evaluators is available, the court may appoint a guardian ad litem or a court appointed special advocate to conduct the home study instead.

What does a Georgia adoption home study look at?

It looks at whether your home is a suitable adoptive home for a child. The evaluation must consider your physical health, emotional maturity, financial circumstances, family and social background. It must also conform to the rules the Department of Human Services has set for child-placing agencies doing adoption home studies. The evaluator puts the findings in a written home study report. In a third-party adoption, § 19-8-5 requires a report recommending placement before the child comes home unless the court authorizes otherwise.

Does Georgia’s adoption definition of “child” cover adults?

No. For this article, a “child” is an individual under 18 years of age who is sought to be adopted. Adults can be adopted in Georgia, but through a separate procedure in § 19-8-21. That section requires the adult’s written consent and a verified petition filed in the superior court of the county where any petitioner or the adult to be adopted lives.

Who is a legal mother under Georgia adoption law?

A legal mother is the child’s biological or adoptive mother who hasn’t surrendered her rights or had them terminated. Once she surrenders and doesn’t revoke in time, or a court terminates her rights, she no longer fits the definition. That change carries consequences elsewhere in the article: under § 19-8-9, a mother in that position can’t sign a voluntary acknowledgment of paternity or consent to a legitimation petition for the same child.

Amendment History

Laws 1990, p. 1572, § 5; Laws 1997, p. 1686, § 4; Laws 2008, Act 580, § 7, eff. July 1, 2008; Laws 2009, Act 102, § 2-2, eff. July 1, 2009; Laws 2011, Act 189, § 1, eff. July 1, 2011; Laws 2016, Act 404, § 9, eff. July 1, 2016; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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