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Third-Party Adoption

Last updated on March 28, 2025

Third-party adoptions can be complicated as they involve the rights of the biological parents, the prospective adoptive parents and the child. While the process can be frustrating or stressful at times, the end result is well worth the effort. Bivek Brubaker & Prescott LLC can help prospective parents overcome obstacles in the adoption process so that they can focus on their happy, growing family.

What Is A Third-Party Adoption?

While Georgia has several different types of adoption, a third-party adoption is when someone who is not the child’s stepparent or other relative adopts the child. These adoptions do not involve an adoption agency. They are considered independent or private adoptions. Typically, the third parties work directly with the child’s biological parents or legal guardian.

The Adoption Process In Georgia

Georgia has strict legal requirements when it comes to adoptions – third party or otherwise. To begin, the prospective parent(s) must meet the following conditions:

  • Must be at least 25 years old, unless married and living with his or her spouse;
  • Must be at least 10 years older than the child;
  • Must be a resident of Georgia at the time of filing the petition for adoption;
  • Must be physically, emotionally and financially able to take care of the child; and
  • If married, must list your spouse on the petition for adoption.

Georgia used to require that the prospective parent(s) be a bona fide resident of Georgia for a minimum of six months before filing a petition for adoption. But the updated Georgia law eliminated that six months residency requirement and only requires the prospective parent(s) to be a Georgia resident when he or she files the petition. (Georgia Code § 19-8-3).

Under the current Georgia law, the third-party adoption process begins when you file a Petition for Adoption in the Superior Court of the county where you reside. It is also possible, in some cases, to file the Petition in the county where the child lives. Once you have filed your Petition, the court will order a home inspection, which is also called a home study. Then, the court will make recommendations as to whether the child should be placed in your home.

Surrender Of Parental Rights

In third-party adoptions, in addition to the prospective parent(s) filing a petition for adoption, the child’s biological parents must consent to the adoption and surrender their legal, parental rights. Additionally, if the child is 14 years or older, he or she must also consent to the adoption.

Reach Out To The Marietta Adoption Attorneys

Third-party adoptions can be complicated, and it is important to have a knowledgeable and respected attorney to help you navigate the process. The Marietta adoption attorneys at Bivek Brubaker & Prescott LLC have years of experience dealing with all types of adoption cases, including third-party adoptions. Our goal is to advise you on all matters relating to the adoption so that you can focus on the well-being of your growing family. Contact us or call 470-663-9404 today to speak with one of our highly qualified adoption attorneys.