State Laws and Legislation

Georgia Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Georgia law permits any adult person of at least 25 years of age to adopt. GA. CODE ANN. § 19-8-3.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, and some lower courts have allowed second-parent adoptions to proceed.  No state court, however, has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship. ("There is not any appellate opinion addressing same-sex adoptions in Georgia, even though they have been permitted at the lower court level in certain counties." (Wheeler v. Wheeler, 642 S.E.2d 103, 104 (Ga. 2007) (Carley, J., dissenting in denial of cert.)).

Updated: Wed, December 09, 2009 - 12:00:50