§ 19-8-21.Adoption of adult individuals; applicability of Code Sections 19-8-19 and 19-8-20
Chapter 8. Adoption · Article 1. General Provisions · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-8-21
Plain-English Summary
Adoption in Georgia isn’t limited to children. Under this section, an adult can be adopted if he or she gives written consent. The case starts with a verified petition, filed with one conformed copy in the superior court of the county where any petitioner or the adult lives. The petition must give the name, age and residence of each petitioner and of the adult, the name the adult will go by afterward, and the adult’s written consent.
The petition must also say whether the adoption will replace one or both of the adult’s parents. If only one parent is being replaced, the decree has to make clear which one. The court may set the petition for hearing at any time; the section sets no waiting period. At the hearing the judge examines each petitioner and the adult. If the judge is satisfied that there is no reason to refuse, the court shall enter a decree of adoption and, if asked, shall change the adult’s name.
From then on, each petitioner and the adopted adult have the same legal rights and liabilities toward each other as a parent and an adult child. Subsection (b) brings in two neighboring sections. Under § 19-8-19, the decree generally ends the adoptee’s legal ties to former relatives and makes the adoptee a child of each petitioner for every purpose, including inheritance. Under § 19-8-20, the clerk sends a copy of the decree to the Department of Human Services, and the adoptee or an adopting parent can later get a certificate of adoption from the clerk. The section was last amended in 2018.
Frequently Asked Questions
Can you adopt an adult in Georgia?
Yes. An adult can be adopted in Georgia if he or she gives written consent to the adoption. The petitioner files a verified petition in superior court, the judge examines each petitioner and the adult, and if the judge is satisfied there is no reason the adoption should not be granted, the court shall enter a decree. Afterward the petitioner and the adopted adult stand in the legal relationship of parent and adult child.
Where do I file to adopt an adult in Georgia?
In the superior court of the county where any petitioner or the adult to be adopted lives. The petition must be verified and filed with one conformed copy. It must give the name, age and residence of each petitioner and of the adult, the name the adult will use after the adoption, and the adult’s written consent. The court may hear the petition at any time.
Can a stepparent adopt an adult stepchild and replace only one parent?
The petition must state whether the adoption will replace one or both of the adult’s parents. If only one parent is being replaced, the decree of adoption must make clear which parent that is. So an adult adoption can replace just one parent, and the decree will say which one. In a stepparent adoption, § 19-8-19 also keeps the adoptee’s legal ties to the petitioner’s spouse and that spouse’s relatives.
Can an adult adoption in Georgia change the adopted person’s name?
Yes. The petition must state the name by which the adult is to be known, and when the court enters the decree it shall change the adopted adult’s name if that is requested. The new name is set out in the petition, which also carries the adult’s written consent to the adoption.
Does adopting an adult affect inheritance in Georgia?
Yes. Subsection (b) applies § 19-8-19 to adult adoptions. Under that section the adoptee inherits from each petitioner, and from the petitioner’s relatives, as a biological child would. The decree also ends the adoptee’s legal ties to former relatives, except a petitioner’s spouse and that spouse’s relatives. One exception protects inheritance: if a parent died before the adoption without the parent-child relationship having been terminated by court order, the right to inherit from or through that parent is not affected.
Amendment History
Laws 1990, p. 1572, § 5; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018.