11.0 Introduction to Adoption

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(11) Adoption

Policy Title:

Introduction to Adoption

Policy Number:

11.0

Previous Policy Number(s):

101.1-101.3

Effective Date:

July 2021

Manual Transmittal:

2021-03

Codes/References

O.C.G.A. §19-8-3 Who May Adopt a Child; When Petition Must Be Filed in Names of Both Spouses

Discussion

Adoption is a specialized field that focuses on finding safe and permanent families for children when permanent, legal separation from their family is necessary. Adoption is a social and legal process designed to establish a new legal family giving children the same rights and benefits of those who are born into a family.

Adoption practice provides sound planning for children who have a permanency goal of adoption and children who are in the permanent custody of the Division of Family and Children Services (DFCS). An integral part of adoption services is working with birth parents as they make a decision as to whether or not adoption is in the best interest of the parent and child. If a voluntary or non-voluntary Termination of Parental Rights (TPR) is decided to be the best plan for the child, the birth parents, if appropriate, are involved in:

  1. Providing social and medical background information;

  2. The placement process;

  3. Providing necessary tools and skills for the transition from foster care to adoption;

  4. Decision-making about future contact; and

  5. Beginning their grieving process.

Many birth parents grieve the loss of their role as the child’s primary parent. Adoption services are offered to parents throughout the adoption process to:

  1. Empower birth parents to have as much input as possible in plans for their child;

  2. Assist the birth parents in maintaining their dignity and self-worth throughout the adoption process;

  3. Ensure that the main focus is the child and his/her best interest;

  4. Help birth parents make responsible decisions throughout pregnancy, parenting or adoption planning,

  5. Acknowledge the parental role in cases of involuntary TPR and to garner their assistance in gathering pertinent information, preparing the child, and assisting in adoption planning for the child;

  6. Facilitate communication (and mediation if necessary) among members of the birth parents’ extended families and adoptive families, as appropriate; and

  7. Help the birth parents understand, accept and manage the effects of an adoption decision, whether the decision is made by the parent or by the court.

DFCS has the responsibility to recruit adoptive families who will meet the needs of a variety of children. Adoptive parents should be informed of DFCS policies and expectations, share in the evaluation process of their family, and be provided full disclosure of non-identifying background information about their adoptive child in as much detail as is known. Individuals must meet the following criteria to petition the Georgia court to adopt a child:

  1. Be at least 21 years of age or married and living with his/her spouse;

  2. Be at least ten years older than the child, except when the individual is a stepparent or relative of the child;

  3. Be a resident of Georgia at the time the petition for adoption is filed; or, be a resident of the receiving state when the child (adoptee) was either born in Georgia or is a resident of Georgia at the time of placement for adoption and was placed in another state in compliance with the Interstate Compact on the Placement of Children (ICPC); and

    A non-resident of Georgia is deemed to have complied with the ICPC if the compact does not apply or if the individual is a resident of another country.

  4. Be financially, physically, and mentally able to have permanent custody of the child.

If the individual seeking to adopt the child is married, the petition for adoption shall be filed in the name of both spouses. However, when the child is or was the stepchild of the individual seeking to adopt, the petition shall be filed by the stepparent alone.

As we shift our efforts to improve long term outcomes for children, DFCS has the responsibility of educating adoptive parents and the birth family on the importance of maintaining birth family connections when appropriate. Adoptive parents must be comfortable with themselves and accepting of their adoptive child as an individual with his/her own history and ties to biological family and past relationships. Adoptive parents must be committed to discussing with the child the facts concerning his/her background and handling the emotional content of the discussion. Adoptive parents have the responsibility to share the information in a positive, constructive way and to treat it as if it were their own ancestry information.

DFCS has the responsibility to provide consultation, counseling and supportive services throughout the adoption process. DFCS is also responsible for providing post-adoption services (after legal adoption) when needed by the child, adoptive parents or the birth parents to promote attachments and permanency for children.[1]

1. Some content from this page was reproduced from Child Welfare Information Gateway