TITLE 19 DOMESTIC RELATIONS

Section 8. Adoption, 19-8-1 through 19-8-43.

ARTICLE 1 GENERAL PROVISIONS (EFFECTIVE UNTIL SEPTEMBER 1, 2018)

19-8-3. (Effective until September 1, 2018) Who may adopt a child; when petition must be filed in names of both spouses.

1. Any adult person may petition to adopt a child if the person:
   1. Is at least 25 years of age or is married and living with his spouse;
   2. Is at least ten years older than the child;
   3. Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and
   4. Is financially, physically, and mentally able to have permanent custody of the child.
2. Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.
3. If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone.

(Code 1981, §19-8-3, enacted by Ga. L. 1990, p. 1572, § 5.)