The Legal Framework of International Adoption
Adoption abroad is regulated by Georgian legislation and international obligations; the foundation of this page consists of Articles 15, 19, 20, 21 and 26. Article 19 sets the condition for international placement: adoption of a child to a foreign country is possible where return of the child to the biological family or adoption by a citizen of Georgia or a stateless person holding status in Georgia is impossible. A citizen of a foreign state may adopt from Georgia a person having the status of an adoptable child registered in the registry who, within 8 months from registration, was not adopted by a citizen of Georgia — in that case the agency conducts a study and prepares a conclusion stating the reasons why a prospective parent was not found for the child in Georgia.
Registration of Prospective Parents and Required Documents
Article 15 establishes the registration procedure: a citizen of Georgia and a stateless person holding status in Georgia who wish to adopt a child submit an application in a form approved by the minister to the local guardianship and care body, which begins the assessment of the prospective family or person. Upon consent to a proposed child, the prospective parent submits the spouse's consent where one spouse adopts; a copy of an identification document; a copy of a marriage certificate where it exists; a certificate on the state of health; a certificate of medical-narcological examination; and a certificate of criminal record. A foreign citizen submits the application, the documents and the study of the family conducted by the competent body of the receiving country to the agency.
From the proposal of the child, no later than 7 working days, the prospective family or person takes the decision on adopting the child — exceeding that term is deemed a refusal to adopt the proposed child, so managing time here directly affects the outcome.
The Role of the Court and the Hearing
Article 20 provides that the final decision on adoption is issued by the district (city) court; the applicant files to the court at the place of residence of the prospective parent or the adoptable child. The interests of the adoptable child are protected by an authorised person of the guardianship and care body, and in international placement — by an authorised person of the agency. Article 21 governs the hearing: the case is examined at a closed session; adoption without the prospective parent's participation is prohibited; for valid reasons the session may be held with the participation of one of the parents.
Where the court considers that the adoption corresponds to the interests of the adoptable child and serves the child's well-being, it issues the decision within 2 weeks of acceptance of the application. The court must notify the state services development agency within 5 days of the decision's entry into legal force, at the place of issuance. Adoption is in force from the day the court decision enters into legal force; at the request of the prospective parent and the child — if the child is 10 years old or older — the session may be open and the information public.
Health, Conventions and Post-Placement Control
For placing a child from Georgia to a foreign country, determination of the child's state of health is mandatory, requiring an expert conclusion. The agency is the competent body in international placement matters: it connects with analogous services of contracting states under the Hague Convention requirements and exchanges information with them; for a non-contracting state, the minister approves the form of a special agreement, which must correspond to the Hague Convention and the UN Convention on the Rights of the Child.
Article 26 establishes post-placement control: in international adoption the central body must, under the special agreement, require from the central body of the receiving country annual provision of information on the health and social condition of the child placed from Georgia until the child turns 18; the special form for providing the information is approved by the ministry.
Frequently Asked Questions
When is international adoption admissible?
Where return of the child to the biological family or adoption in Georgia is impossible, and the adoptable child was not adopted by a citizen within 8 months from registration in the registry.
Within what term does the court issue its decision?
Within 2 weeks of acceptance of the application, where the adoption corresponds to the child's interests; it is in force from the day of entry into legal force.
Which documents does a prospective parent need?
The spouse's consent where needed, an identification document, a marriage certificate, health and medical-narcological certificates and a criminal-record certificate; a foreign parent adds the receiving country's study of the family.
What happens after placement?
Sequential control: the receiving country's body provides annual information on the child's health and social condition until the age of 18.
How We Help on Legal.ge
On Legal.ge we provide legal accompaniment for international adoption: we check documentation, align the procedure with the law and the conventions and represent you up to the court. Contact us — we will assess your situation and plan the correct sequence.