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§ 19-8-7.Adoption by certain relatives related to child by blood or marriage

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

In one sentenceO.C.G.A. § 19-8-7 lets a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle or sibling adopt a related child once every living parent and guardian surrenders rights in writing, and sets the signing rules and four-day right to revoke.

Full Text of § 19-8-7

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) A child may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each living parent and guardian of such child has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child.
(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 paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed 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 the 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.
(3)
(A) A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes.
(B) The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption. An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child.
(C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both.
(D) The pre-birth surrender shall not be valid for use by a legal father.
(E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26.
(F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and 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 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 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 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) In any surrender of rights pursuant to this Code section, Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.
(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

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:

(a) A child may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each living parent and guardian of such child has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child.
(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 paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed 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 the 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.
(3)
(A) A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes.
(B) The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption. An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child.
(C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both.
(D) The pre-birth surrender shall not be valid for use by a legal father.
(E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26.
(F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and 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 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 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 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) In any surrender of rights pursuant to this Code section, Chapter 4A of Title 39, relating to the Interstate Compact for the Placement of Children, if applicable, shall be complied with.
(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.

Laws 1990, p. 1572, § 5; Laws 1991, p. 1640, § 3; Laws 1999, p. 252, § 6; Laws 2003, Act 207, § 3, eff. July 1, 2003; Laws 2007, Act 214, §§ 5, 6, eff. July 1, 2007; Laws 2008, Act 471, § 19, eff. May 12, 2008; Laws 2016, Act 404, § 12, eff. July 1, 2016; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2024, Act 425, §§ 4, 5, eff. April 22, 2024.

Plain-English Summary

Relative adoptions run through this section. A child may be adopted by someone related by blood or marriage as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle or sibling. Each living parent and guardian must voluntarily surrender all rights in writing to that relative and any spouse of the relative so they can adopt. A child 14 years of age or older must consent in writing, acknowledged in the presence of the court. Relatives outside that list — a cousin, for example — adopt as third parties under § 19-8-5.

The formalities track the agency and third-party sections. Surrenders by parents, guardians and biological fathers are signed after the birth. A biological father who is not a legal father may instead sign a pre-birth surrender any time after the biological mother signs a sworn statement naming him. It waives his right to notice, may be revoked within four days from signing regardless of the birth date, and leaves him liable for child support or other financial obligations if no adoption follows and paternity is later established. A legal father can’t use it. Every surrender is signed under oath before a notary public and an adult witness on a form in § 19-8-26, the signer gets a copy, and the signer may revoke within four days under § 19-8-9. An acknowledgment, a legal mother’s affidavit and a representative’s affidavit go with it. The surrender binds a signer who is under 18, a noncitizen or a nonresident, and the Interstate Compact on the Placement of Children applies when relevant.

Neighboring sections make relative adoptions lighter than third-party ones. The ten-year age gap in § 19-8-3 doesn’t apply. Under § 19-8-16, the court may but need not appoint an investigating agent, and no home study is required. If a parent won’t sign, § 19-8-10 lets the court proceed without a surrender on listed grounds, including a significant failure to communicate with or support the child for one year or longer. The section was last amended in 2018. A contingent version appears on this page and would take effect only if a 35th state enacts the Interstate Compact for the Placement of Children. The version shown first is in force; the only change would be subsection (j)’s reference to that compact in Chapter 4A of Title 39.

Frequently Asked Questions

Which relatives can adopt under Georgia’s relative adoption law?

A grandparent, great-grandparent, aunt, uncle, great aunt, great uncle or sibling, related to the child by blood or marriage, along with that relative’s spouse. Other relatives, such as cousins, aren’t on the list, so they adopt as third parties under § 19-8-5, which brings a preplacement home study and a 60-day filing deadline. Relatives on the list don’t face those third-party requirements, but they still need written surrenders from each living parent and guardian.

Can a grandparent adopt a grandchild in Georgia without the parents’ consent?

Not through this section’s ordinary route, which needs a written surrender from each living parent and guardian. But § 19-8-10 lets the court grant a relative adoption without a parent’s surrender if it finds, by clear and convincing evidence, a listed ground — for example abandonment, or that the parent, without justifiable cause, significantly failed to communicate (or make a bona fide attempt to communicate) with the child, or to support the child, for one year or longer immediately before the petition was filed. The court must also find the adoption serves the child’s best interests, and the parent gets notice and may appear.

Do grandparents need a home study to adopt in Georgia?

No home study is required. Under § 19-8-16, 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 examines the petition and decides whether the adoption is in the child’s best interests, and § 19-8-16 calls for a criminal history records check of the petitioner.

If my spouse and I are adopting my grandchild, who do the parents surrender to?

To both of you. The surrender goes to the relative and any spouse of that relative so they can adopt together, and under § 19-8-3 a married petitioner files in the names of both spouses. Each surrender must be signed under oath before a notary public and an adult witness, and each signer may revoke within four days under § 19-8-9.

Can an older brother or sister adopt a sibling in Georgia?

Yes. A sibling is one of the relatives listed in this section, related by blood or marriage. Each living parent and guardian must surrender rights in writing, and a child 14 years of age or older must consent before the court. The ten-year age gap rule in § 19-8-3 doesn’t apply to a relative adopting under this section, but the sibling must still be at least 21 years of age or married and living with a spouse, and meet that section’s other requirements.

Amendment History

Laws 1990, p. 1572, § 5; Laws 1991, p. 1640, § 3; Laws 1999, p. 252, § 6; Laws 2003, Act 207, § 3, eff. July 1, 2003; Laws 2007, Act 214, §§ 5, 6, eff. July 1, 2007; Laws 2008, Act 471, § 19, eff. May 12, 2008; Laws 2016, Act 404, § 12, 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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