O.C.G.A. § 19-8-21 (2019)
Adoption of adult individuals; applicability of Code Sections 19-8-19 and 19-8-20
(a) Adult individuals may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his or her written consent to the adoption. The court may assign the petition for adoption for hearing at any time. The petition for adoption shall state whether one or both parents of the adult to be adopted will be replaced by the grant of such petition, and if only one parent is to be replaced, then the decree of adoption shall make clear which parent is to be replaced by adoption. After examining each petitioner and the adult to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child.
(b) Code Sections 19-8-19 and 19-8-20 shall also apply to the adoption of adults.
History
Code 1981, § 19-8-21, enacted by Ga. L.
1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 16 are included in the annotations for this Code section. Effect of section’s discretionary terms. - While couched in discretionary terms, Ga. L. 1941, p. 300, § 16 did not permit the trial judge to deny the adult adoption without a hearing. The legislature did not intend to grant to trial courts discretionary power to decide an adult’s ex parte adoption case on pleadings and without giving the petitioner an opportunity to be heard. In re Chambers, 147 Ga. App. 536, 249 S.E.2d 343, 1978 Ga. App. LEXIS 2759 (1978) (decided under Ga. L. 1941, p. 300, § 16). Adoptees have same rights as natural born children. - Under the 1967 amendment to former Code 1933, § 74-
420, which was in effect when a testator died in 1970, an adult who was adopted by a life tenant was entitled to inherit a remainder interest to the same extent as would a natural-born child. The law granted adoptees the same rights as natural born children, and the will did not expressly exclude adoptees. Elrod v. Cowart, 284 Ga. 869, 672 S.E.2d 616, 2009 Ga. LEXIS 20 (2009). Adopted sons of decedent were entitled as matter of law to inherit under 1967 Trust to same extent as natural born children of decedent and trial court erred creating subterfuge exception to adult adoption statute as language of statute was plain and susceptible of only one natural and reasonable construction. Morse v. Suntrust Bank, N.A., No. A22A0200, 2022 Ga. App. LEXIS 242 (Ga. Ct. App. May 16, 2022).
RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Adoption, § 26 et seq. C.J.S. 2 C.J.S., Adoption of Persons, §§ 22, 23.
ALR. Adoption of adult, 21 A.L.R.3d 1012; 42 A.L.R.4th 776.