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ADOPTION LAW
In general, there are two types of adoptions: private adoptions and public adoptions. PRIVATE ADOPTIONS are those created through the voluntary participation of a birth mother and the prospective adoptive parent(s). In a third-party private adoption, the birth mother freely chooses to surrender her legal rights to her child and have him placed for adoption, usually because she has reached the decision that her age and/or life circumstances make it impossible for her to adequately parent the child. In a domestic (US-born child) third-party adoption, the birth mother usually works with a private adoption agency that helps her obtain medical care during the pregnancy and delivery. The agency also contracts with prospective adoptive parents, and helps match them with newborns or infants. Each agency has different policies about who may adopt, with some agencies placing limitations on parents based on age, marital status, or sexual orientation. Non-traditional families - single parents, gay/lesbian parents, or older parents - should research this issue extensively before choosing an agency. The cost of a private third-party adoption varies widely amongst agencies and can range from upwards of $8,000 to $30,000 in agency fees and related costs. In addition, the prospective parents must pay the attorney's fee and costs of filing the petition for adoption. Currently, the federal government allows a one-time adoption tax credit on most adoptions. Prospective parents should discuss this tax credit with their accountants. Another type of private adoption is the stepparent or second-parent adoption, where a child's legal parent consents to the child being adopted by her spouse or domestic partner, with the result that they will both be the legal parents of the child. During the action, the court may request that a home study be completed about the prospective parent. However, some judges finalize the adoption without requiring any such investigation. Parents can expect to pay all filing fees, the attorney's legal fee, and the related cost for the home study investigation, if one is ordered by the court. Another type of private adoption involves the domestication of a foreign decree (or “re-adoption”). Typically, a foreign adoption is finalized in the child’s country of origin. The adoption decree and new birth certificate are issued by the foreign country, and the U.S. Dept of State and Immigration departments give approval for the child to return to the U.S. on a valid visa that is then taken as part of the process of making your child a U.S. citizen. The United States, as well as the state of Georgia, recognize the foreign decree of adoption as valid, so in most cases, it is not required that you "domesticate" the adoption in the state court. However, it is highly recommended that you do domesticate the adoption (it is called a "re-adoption"), for two reasons. First, there is always the possibility, however slight, that the foreign country will challenge the adoption at some later date, either because of suspected corruption in the process, i.e. baby-trafficking, or because some major political instability in the country has created new policy. When you complete a re-adoption in Georgia, you get an adoption decree from a valid U.S. court as concrete evidence of the adoption, evidence that cannot be overturned by a foreign government. Second, the re-adoption gives your child an English language adoption decree and an English language birth certificate that will make it easier for her to use throughout her life. Foreign adoption decrees and birth certificates are always in the foreign language, and come accompanied by an English translation, which makes it a cumbersome document to use in later life to obtain a passport, driver's license, etc. It is strongly advisable that parents who are adopting internationally complete a domestication of the foreign adoption once they return home with their child, and before any of the international documents are mislaid. PUBLIC ADOPTIONS involve children who are currently in the custody of a county child-welfare agency, such as the Department of Family and Children Services ("DFACS"). Usually, children come into DFACS custody because of allegations of parental neglect or abuse. Children are then placed in foster care while the juvenile court determines whether it is safe to return the children to their parents. If the court decides that the unsafe conditions have not been corrected within a mandated period, it will terminate the parent's legal rights to the children, thereby allowing them to be placed for adoption. Prospective adoptive parents seeking to adopt a child or sibling group may contact their local county DFACS office directly. However, many parents seek assistance from a local non-profit agency that contracts with DFACS or the state. These agencies provide training and support for prospective parents. The cost for a public adoption is much less than that of a private adoption. Many agencies charge a nominal application fee to the prospective parents. The parents must also pay for the attorney's legal fee, as well as any court costs. However, there may be federal or state financial assistance available if you are adopting an older child or one with special needs, as defined by the state. Currently, the federal government allows a one-time adoption tax credit. Prospective parents should discuss this tax credit with their accountants.
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