Chapter 8. Adoption · Article 1. General Provisions · Last amended 2018 · Last verified October 9, 2026
In one sentenceO.C.G.A. § 19-8-6 governs stepparent adoptions in Georgia, requiring the other legal parent to surrender rights in writing and the stepparent’s spouse to consent, and sets the signing formalities and the four-day right to revoke.
(1)A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his or her rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption.
(2)A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption.
(b)In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court.
(c)The surrender of rights specified in this Code section shall be executed following the birth of the child under oath and in the presence of a notary public and an adult witness. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof.
(d)An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
(1)The surrender of rights by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
(2)A biological father who is not a legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
(f)A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness.
(1)A legal mother who surrenders her parental rights or consents to the adoption of her child by her spouse pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.
(2)A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.
(h)Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.
(i)A surrender of rights or consent pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender or consent given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption.
(j)The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall meet the requirements of subsection (l) of Code Section 19-8-26. Such consent shall be signed under oath and in the presence of a notary public.
(k)A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.
End
Plain-English Summary
A stepparent adopts a spouse’s child under this section. There are two situations. When both legal parents are living but not married to each other, the stepparent may adopt only when the other parent voluntarily surrenders all rights to the stepparent in writing, the stepparent’s spouse consents, and every guardian of the child surrenders rights to the stepparent in writing. When the child has only one living parent, the stepparent may adopt only if that parent consents and every guardian surrenders. A child 14 years of age or older must also consent in writing, acknowledged in the presence of the court.
Surrenders under this section are signed only after the child is born; there is no pre-birth surrender in a stepparent adoption. Each is signed under oath before a notary public and an adult witness on the form in § 19-8-26, the signer gets a copy, and the signer may revoke within four days under § 19-8-9. A biological father who is not a legal father may also surrender. Each surrender comes with an acknowledgment. A legal mother who surrenders, or who consents to her spouse’s adoption, signs an affidavit, and a representative of the petitioner or of the signer signs an affidavit too. The consent from the stepparent’s spouse follows its own form in § 19-8-26 and is signed under oath before a notary public. A surrender or consent binds a signer who is under 18, a noncitizen or a nonresident, and a surrendering father may add an affidavit about Native American heritage and military service.
Neighboring sections ease the path for stepparents. Under § 19-8-3, the stepparent files alone, not with the spouse, and the ten-year age gap doesn’t apply. Under § 19-8-16, the court may but need not appoint an investigating agent, and no home study is required. If the other parent won’t sign, § 19-8-10 lets the court go ahead without a surrender when clear and convincing evidence shows a listed ground, such as abandonment or a significant failure, without justifiable cause, to communicate with or support the child for one year or longer before filing. The final decree under § 19-8-18 ends the other parent’s rights while leaving the rights of the stepparent’s spouse intact. The section was last amended in 2018.
Frequently Asked Questions
What does a stepparent need to adopt a stepchild in Georgia?
If both legal parents are living but not married to each other, the other parent must voluntarily surrender all rights to the stepparent in writing, the stepparent’s spouse must consent, and any guardian must surrender in writing. If only one parent is living, that parent must consent and any guardian must surrender in writing. A child 14 years of age or older must also consent in writing before the court. The court must still find the adoption is in the child’s best interests under § 19-8-18.
Can I adopt my stepchild if the other parent won’t sign in Georgia?
Possibly, under § 19-8-10 instead of this section’s surrender route. That section lets the court grant the adoption without a surrender if clear and convincing evidence shows a ground such as abandonment, or that the parent, for one year or longer immediately before the petition was filed and without justifiable cause, significantly failed to communicate or make a bona fide attempt to communicate with the child in a meaningful way, or to provide care and support required by law or judicial decree. The court must also find the adoption serves the child’s best interests, and the parent gets notice and a chance to object.
Does a stepparent adoption in Georgia require a home study?
No. Section 19-8-16 says that when a petition is filed under this section, the court is authorized but not required to appoint an agent to investigate, and a home study shall not be required. The court still holds a hearing and decides whether the adoption is in the child’s best interests. Section 19-8-16 separately requires a criminal history records check of the petitioner, with exceptions only for foreign-adoption and adult-adoption cases.
Does my spouse lose parental rights if I adopt their child?
No. In a stepparent adoption, the decree under § 19-8-18 terminates the rights of each living parent, guardian and legal custodian other than the spouse of the petitioner. Your spouse keeps full parental rights, and the decree declares the child your adopted child too. That is why your spouse signs a consent under subsection (j), on the form in § 19-8-26, rather than a surrender. The consent is signed under oath before a notary public.
Can the other parent take back a surrender in a Georgia stepparent adoption?
Yes, but only within four days. Subsection (d) gives anyone who signs a surrender under this section the right to revoke it within four days as provided in § 19-8-9(a). The revocation must be in writing and delivered in person or sent by registered mail or statutory overnight delivery to the address named in the surrender. After the four-day period, the surrender can’t be revoked.
Amendment History
Laws 1990, p. 1572, § 5; Laws 1991, p. 1640, § 2; Laws 1999, p. 252, § 5; 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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