Choosing to adopt a child is one of the biggest decisions you’ll ever make. However, there are complex rules that aim to safeguard the child, which can make the application process difficult. A local adoption attorney in Augusta, GA can provide invaluable guidance, helping you present a strong case and avoid disqualification where possible.
Eligibility Rules for Adoption in Georgia
In Georgia, there are multiple possible routes to adopt a child, including public adoptions through the Georgia Department of Family and Children Services, agency adoptions, and privately organized adoptions. Regardless of the option you choose, there are basic eligibility criteria that you must fulfill:
- Aged at least 21, or married and living with your spouse
- Resident of Georgia when the petition is filed
- At least 10 years older than the child (unless you are a stepparent)
- Physically, mentally, and financially able to have permanent custody
In addition to fulfilling the above criteria, every person who wants to adopt must undergo a full evaluation. During the evaluation process, checks will be carried out to ascertain whether there are any factors that would make the potential parents unsuitable.

What Factors May Prevent Adoption?
Even if you pass the basic eligibility criteria, you may be disqualified for another reason discovered during the evaluation. Common factors that can lead to disqualification include:
Criminal Record
A prior felony conviction won’t result in automatic disqualification, but it is something that will be looked at very carefully. Background checks for any convictions will be carried out based on fingerprints, so it’s essential to be honest about your history.
Some convictions will present more difficulties than others. For example, any convictions for child abuse, neglect, domestic violence, or sexual misconduct may result in the application being denied. Other non-violent convictions may also be considered significant if there is any evidence of unresolved issues.
Mental Health Difficulties
Mental health conditions are common and in many cases won’t be a cause for concern. However, if symptoms are severe and current, or there is a history of regular relapses with resistance to treatment, approval to adopt may not be granted.
Unsuitable Home Environment
Georgia expects all prospective adoptive households to have sufficient space and to adhere to safety standards. If your home environment is unstable, too small, or contains hazardous features, approval may be withheld until you have moved to an alternative property.
Inspections will also look for stability, consistency, and a loving atmosphere. If there is a history of regular house moves, frequent difficulties within your relationship, or an unstable domestic environment, you may be disqualified.
Get Advice From an Adoption Attorney
A lawyer can help ensure any unfavorable historical aspects are viewed in context, and that your application is presented in the most positive way. An attorney will be familiar with the adoption procedure and can help you comply with all requirements. This prevents any delays and will secure the best possible result.
We have extensive experience in all types of adoption and can support you throughout the whole process. To talk to a compassionate lawyer, contact us today at Davis, Chapman, & Wilder in Augusta, GA. We are proud to serve all the local communities, including Lincolnton, Thomson, Evans, Martinez, Waynesboro, and Grovetown.

