O.C.G.A. § 19-8-3.1 (2019)

Any individual may petition to adopt a child if he or she: Is at least 25 years of age or is married and living with his or her spouse, or is at least 21 years of age and is a relative of the child; Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7; Is a bona fide resident of this state at the filing of the petition for adoption or is a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Chapter 4 of Title 39 , relating to the Interstate Compact on the Placement of Children; and Is financially, physically, and mentally able to have permanent custody of the child. If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone.