The Essence and Legal Framework of Domestic Adoption
Domestic adoption is the legal procedure through which a child is placed in the adopter's family and the full set of personal and property rights and duties existing between blood relatives arises between the adopter, the adopted child and their descendants. This field is regulated by the Georgian Law on Adoption and Foster Care: its Article 5 determines who may become an adopter, Article 6 determines who may be adopted, Article 16 sets out the restrictions connected with adoption, Article 20 governs the court proceedings, and Article 24 defines the legal consequences of the decision.
This page brings together practical information for those planning domestic adoption in Georgia: which requirements a prospective adopter must satisfy, how a child receives the status of an adoptable child, which restrictions apply to the procedure, which court hears the case, and what follows once the court decision enters into legal force. Everything stated here rests on the precise wording of the law, and where the law leaves a matter to other provisions, this is said openly rather than filled in with assumptions.
Who May Be an Adopter and Who May Be Adopted
Under Article 5 of the law, an adopter may be any adult person with full legal capacity, with the exception of the persons excluded by the same article. Specifically, an adopter cannot be a person:
- whose parental right has been revoked, or who previously had an adopted person, acted as guardian or trustee of a minor, or had a person placed with them for foster care, where that relationship was terminated due to improper performance of duties;
- whose parental rights and duties are restricted under the procedure established by Georgian legislation due to non-exercise of parental rights and non-performance of duties, or their improper exercise or performance;
- whose state of health, according to the list of diseases approved by the ministry, prevents the proper performance of parental duties;
- who has been convicted by a court for a grave or especially grave crime and whose conviction has not been removed or expunged under the procedure established by Georgian legislation;
- who has been convicted of a crime provided for by a separate chapter of the Criminal Code and whose conviction has not been removed or expunged under the procedure established by Georgian legislation.
Adoption applies to a person under the age of 18 recorded in the registry who has been granted the status of an adoptable child (Article 6). This status is granted to a child whose parent or parents have been declared missing or dead by a court; who is an orphan; who has been recognised as an abandoned child; whose parent or parents have been deprived of parental rights; or whose every legal representative has consented to the adoption in the manner determined by the minister. The status of an adoptable child is granted by a decision of the corresponding guardianship and care body, after which the data about the child are recorded in the registry.
Restrictions Connected with Adoption
Article 16 of the law establishes rules that underscore the primacy of the child's interests and restrain any formal or commercial use of the procedure:
- it is prohibited to adopt a child aged 10 or over without the child's consent. By way of exception, where before the filing of the application the child lived in the adopter's family and regarded the adopter as their parent, the adoption may, exceptionally, take place without consent;
- it is prohibited to pre-select a pregnant woman for the purpose of adoption and to create the opportunity for taking her abroad for childbirth, or to facilitate such an act;
- it is prohibited to publicly search for or offer an adoptable child and an adopter. The only permitted public announcement is one stating that adoption matters should be addressed to the corresponding guardianship and care body, and which does not indicate the identity of the adoptable child;
- adoption cannot be conditional, time-limited, or effected through a representative;
- the age difference between the adopter and the adoptable child must not be less than 16 years; however, for a valid reason the court may alter this age difference. Where a stepmother or stepfather adopts the child, this age restriction does not apply;
- the separation of a sister and brother, of sisters or of brothers is impermissible, except where it corresponds to their interests.
It is worth noting that during adoption the adopter has the right to use the legal services of an advocate or another authorised person provided for by Georgian legislation, while a citizen of a foreign state may use the services of the competent body of the receiving state for adoption cases or, in its absence, of another corresponding accredited legal entity. A foreign citizen who has been granted Georgian citizenship under the procedure established by Georgian legislation participates in adoption procedures at their own choice, either as a Georgian citizen or as a foreign citizen.
Court Proceedings: Where the Case Is Heard and with Whose Participation
The final decision on the adoption of a child is issued by the district (city) court (Article 20). The adopter files the application with the court according to the location of the adopter or of the adoptable child. During the examination, the interests of the adoptable child are protected by an authorised person of the guardianship and care body, and in international adoption by an authorised person of the agency. It is at the court stage that compliance with the statutory restrictions and the correspondence of the adoption to the child's interests are verified, which is why the proper preparation of the application and the timely submission of the necessary documents are of decisive importance.
The Legal Consequences of Adoption
After the court decision on adoption enters into legal force, the adopted child loses property and personal non-property rights and is released from obligations towards their biological parent or parents and relatives (Article 24). Where spouses adopt a child, or one spouse adopts the child of the other, the child acquires the legal status of a common child of the marriage, with the rights and duties established for parent and child by the Civil Code of Georgia. The adopted child and their descendants become equal to blood descendants in personal and property rights and duties towards the adopter and the adopter's relatives, and the adopter and the adopter's relatives become equal to them. These consequences arise regardless of whether the adopter is indicated as the parent in the entry of the child's birth record.
Frequently Asked Questions
Can a child aged 10 be adopted without their consent?
As a general rule, no: adopting a child aged 10 or over without consent is prohibited. The exception is the situation where, before the application was filed, the child lived in the adopter's family and regarded the adopter as their parent; in that case the adoption may exceptionally proceed without consent.
What happens to the relationship with biological parents after adoption?
Once the decision enters into legal force, the adopted child loses property and personal non-property rights and is released from obligations towards the biological parents and relatives. At the same time, the child and their descendants acquire the full range of personal and property rights and duties towards the adopter and the adopter's relatives, on a par with blood relatives.
Is it possible to adopt through a representative?
No. Adoption cannot be conditional, time-limited, or effected through a representative. The adopter may, however, use the legal services of an advocate or another authorised person during the procedure, which simplifies the preparation of the application and representation at the court stage.
Must the adopter be mentioned in the birth record?
No. Under Article 24 of the law, the legal consequences of adoption arise regardless of whether the adopter is indicated as the parent in the entry of the child's birth record.
How We Help on Legal.ge
Domestic adoption is a multi-stage procedure that demands precise and timely action both before the guardianship and care body and before the court. Legal.ge gives you the opportunity to find an experienced family law lawyer or advocate who will help you assess the adopter's eligibility, prepare the necessary documentation, file the application with the court and substantiate the child's interests. Choose a specialist on our platform and go through the adoption process with full legal support.