§ 19-8-2.Jurisdiction and venue of adoption proceedings
Chapter 8. Adoption · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026
Full Text of § 19-8-2
Contingent version (not yet in force)
The Code also prints a second version of this section that takes effect only when the Interstate Compact for the Placement of Children has been enacted into law by a thirty-fifth state. Until then, the text above is the law. The contingent text reads:
Laws 1990, p. 1572, § 5; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2021, Act 140, § 1, eff. July 1, 2021; Laws 2024, Act 425, §§ 4, 5, eff. April 22, 2024.
Plain-English Summary
Only a superior court can grant an adoption in Georgia. Subsection (a) gives the superior courts of the several counties exclusive jurisdiction in all matters of adoption. Subsection (b) sets venue: a petition must be filed in the county where any petitioner resides. When two spouses who live in different counties adopt together, either county works.
Three exceptions follow. First, on a showing of good cause, the court may in its discretion allow filing in the county of the child’s domicile; the county where a child-placing agency with legal custody of the child is located; the county where the child was born, if the petition is filed within one year of the birth; or the county where the department office with legal custody of the child is located. Second, a person living on a United States army post or military reservation in Georgia may file in any county next to that post or reservation. Third, when a child is placed for adoption with someone who lives in another state or another country, the petition must be filed in the county where the child was born, resides or was residing at placement; the county where a child-placing agency with legal custody is located; or the Superior Court of Fulton County. That rule covers placements made under the Interstate Compact on the Placement of Children in Chapter 4 of Title 39, placements with residents of a state where the compact doesn’t apply, and placements with residents of another country.
If you file anywhere other than your home county, § 19-8-13 requires the petition to give the reason. The legislature last amended this section in 2021. A contingent version also appears on this page. It would take effect only if and when a 35th state enacts the Interstate Compact for the Placement of Children; until then, the version shown first is the one in force. Comparing the two, the only change is in the out-of-state rule: the contingent text points to Chapter 4A of Title 39 and the new compact by name instead of Chapter 4 and the current compact. The courts, counties and good-cause options stay the same.
Frequently Asked Questions
Which court handles adoptions in Georgia?
The superior court. This section gives the superior courts of Georgia’s counties exclusive jurisdiction in all matters of adoption, so you file the adoption petition with the clerk of the superior court. Other courts may handle related matters, such as a guardianship or a juvenile court order terminating parental rights, but only the superior court can grant the adoption itself.
What county do I file an adoption petition in Georgia?
Usually the county where you, or any other petitioner, live. Other counties are allowed only in listed situations. With good cause, the court may let you file where the child is domiciled, where the child was born (if you file within one year of the birth), or where an agency or department office holding legal custody is located. Residents of a United States army post or military reservation in Georgia may file in any adjoining county. Under § 19-8-13, a petition filed outside your home county must explain why.
Can I file for adoption in the county where the baby was born?
Yes, if the court finds good cause and you file within one year of the child’s birth. The court has discretion here: it may allow the filing but doesn’t have to. A different rule applies when the child is placed with someone who lives in another state or country. Then the county where the child was born is one of the required choices, along with the county where the child lives or lived at placement, the county of an agency with legal custody, and the Superior Court of Fulton County.
We live in another state and a child is being placed with us for adoption. Where do we file in Georgia?
In one of three places: the county where the child was born, resides or was residing at the time of placement; the county where a child-placing agency with legal custody of the child is located; or the Superior Court of Fulton County. That applies to placements under the Interstate Compact on the Placement of Children, placements in a state where the compact doesn’t apply, and placements with residents of another country. Whether you qualify to petition in Georgia as a nonresident is a separate question answered by § 19-8-3.
What is the contingent version of Georgia’s adoption venue law?
It is alternate text that would replace the current version only if and when a 35th state enacts the Interstate Compact for the Placement of Children — note “for,” not “on.” Until then, the version shown first governs. The only difference is the compact it names: the contingent text refers to Chapter 4A of Title 39 instead of Chapter 4. Everything else about which court and which county stays the same.
Amendment History
Laws 1990, p. 1572, § 5; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2021, Act 140, § 1, eff. July 1, 2021.