Private adoption is a process where birth parents voluntarily place their child with adoptive parents without the involvement of a government agency. In Georgia, private adoption is legal and a popular option for families seeking to adopt a child. However, navigating the legal and emotional aspects of private adoption can be complex. In this article, we’ll explore what you need to know about private adoption in Georgia.
The Process of Private Adoption in Georgia
In private adoption, birth parents can choose to place their child with adoptive parents of their choice. The process begins with the birth parents selecting the adoptive family. The adoptive parents then file a petition for adoption with the court. The court will then appoint a social worker to conduct a home study and provide a report to the court. The report will assess the adoptive parents’ suitability to adopt and provide recommendations to the court.
After the home study is complete, the adoptive parents must file a consent form signed by the birth parents or obtain a court order terminating the birth parents’ rights. Once the consent or termination of rights is granted, the adoption can be finalized by the court.
It’s important to note that Georgia law requires a waiting period before the adoption can be finalized. The waiting period is 10 days for infants and 30 days for children over six months old. During this time, the birth parents have the right to change their minds and revoke their consent to the adoption.
Who Can Adopt in Georgia?
Georgia law allows any adult who meets the state’s eligibility requirements to adopt a child. There are no restrictions on marital status or sexual orientation. However, the adoptive parents must be at least 10 years older than the child they are adopting.
In addition, Georgia law requires adoptive parents to complete a criminal background check and a child abuse registry check. The adoptive parents must also complete a home study conducted by a licensed social worker or agency. The home study will assess the adoptive parents’ physical and emotional ability to care for a child and provide recommendations to the court.
Costs of Private Adoption in Georgia
Private adoption in Georgia can be expensive. The costs associated with private adoption include legal fees, home study fees, agency fees (if applicable), and birth parent expenses. Birth parent expenses may include medical expenses, counseling, and legal fees.
Georgia law allows adoptive parents to pay reasonable expenses related to the birth mother’s medical care and living expenses. However, these expenses must be approved by the court and cannot be used as an incentive for the birth mother to place her child for adoption.
Adoption Tax Credit
Adoptive parents in Georgia may be eligible for a federal adoption tax credit. The tax credit can help offset the costs associated with adoption, including legal fees, court costs, and travel expenses. The credit is based on the adoptive parents’ income and can be claimed for up to five years after the adoption is finalized.
Conclusion
Private adoption in Georgia can be a rewarding experience for both the adoptive parents and birth parents. However, the process can be complex and emotional. It’s important to work with an experienced attorney and licensed social worker to navigate the legal and emotional aspects of private adoption.
If you’re considering private adoption in Georgia, take the time to research and understand the process. Reach out to adoption agencies, attorneys, and social workers for guidance. With the right resources and support, private adoption can be a positive experience for everyone involved.
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