The Atlanta Family Law News Blog - Find an Atlanta Family Attorney

Can Same-Sex Couples Adopt in Georgia?

With Father's Day coming up this weekend, parenthood is on many people's minds. Adoption can be a great alternative to having children the genetic way. But what if you're in a same-sex relationship in Atlanta or anywhere in the state?

The legal landscape for gay and lesbian couples looking to adopt can vary greatly from state to state. Below, we've outlined the current state of same-sex adoption under Georgia law.

Georgia law doesn't acknowledge same-sex marriages. However, state law doesn't specifically address same-sex adoption. That places gay couples looking to adopt in a legally ambiguous position.

Under Georgia's adoption law, any adult may petition to adopt a child if the person:

  • Is at least 25 or is married and living with his spouse
  • Is at least 10 years older than the child
  • Has been a resident of the state for at least 6 months, and
  • Is financially, physically, and mentally able to have permanent custody of the child

The law in no way addresses the sexual orientation of the adult looking to adopt. Therefore, a person who's in a same-sex relationship can adopt in Georgia, but may have to adopt the child in his or her name alone, as gay marriage isn't acknowledged in the state.

While it's legal for same-sex couples to adopt under Georgia's current adoption law, the state has been accused of frowning on same-sex adoption, according to The Atlanta Journal-Constitution. However, with thousands of children in the state's foster care system, same-sex couples looking to adopt should take advantage of the legal ambiguity and make a petition to adopt.

If you have any questions about same-sex adoption in Georgia or adoption law in general, you may want to consult with an attorney.

Related Resources: