The Legal Framework for Intercountry Adoption — the 1993 Hague Convention and Georgian Law
Adoption of a child from Georgia by a foreign national is governed by the Georgian Law on Adoption and Foster Care, which applies directly to foreign citizens who wish to adopt a minor. At the same time, Georgia is a party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption: Georgia acceded to the Convention on 9 April 1999 and it has been in force for Georgia since 1 August 1999, without declarations or reservations. The Georgian law itself names this Convention and designates the Agency as the competent authority in intercountry adoption matters, which — in accordance with the requirements of the Convention — communicates with the analogous services of contracting states and exchanges information with them.
The Convention creates the framework for co-operation: liaison between central authorities, home studies, verification of consents and post-placement reporting. The concrete procedure, however, is defined by Georgian legislation and by ministerial acts. This page describes that Georgian procedure in detail — every stage a foreign adopter actually passes through, from registration to the court decision and beyond.
Who May Adopt, Which Children Are Adoptable and How Prospective Adopters Are Registered
An adoptive parent may be any adult person with full legal capacity — including a foreign citizen — with defined exceptions: a person whose parental rights have been terminated, or whose prior adoption, guardianship, curatorship or foster-care relationship was terminated because of improper performance of duties; a person whose parental rights and duties are restricted; a person whose health condition, under the list of diseases approved by the Ministry, prevents proper performance of parental duties; a person convicted of a serious or especially serious crime whose conviction has not been expunged or extinguished; and a person convicted of an offence under the corresponding chapter of the Criminal Code with an unexpunged record.
Only a person under 18 who is registered in the registry and holds the status of an adoptable child may be adopted. That status is granted by decision of the guardianship and curatorship authority to a child whose parent has been declared missing or dead by the court, to an orphan, to a child recognised as abandoned, to a child whose parent has been deprived of parental rights, or to a child whose every legal representative has consented to adoption. Data about such children are entered into a dedicated registry — and every subsequent step of the procedure begins exactly there.
Georgian citizens and stateless persons holding status in Georgia who wish to adopt file an application with the local guardianship and curatorship authority. The route of a foreign citizen is different: together with the application and documents, a foreign citizen must submit to the Agency the home study of the family conducted by the competent authority of the receiving country on adoption matters. When a child is proposed and the prospective adopter consents, the following documents are submitted:
- the consent of the spouse, where one spouse adopts the child;
- a copy of an identification document — identity card, passport or residence permit;
- a copy of the marriage certificate, if one exists;
- a medical certificate on the state of health;
- a certificate of a medical-narcological examination;
- a criminal-record certificate.
From the moment a child is proposed, the prospective adoptive family has 7 business days to decide — exceeding that period is treated as a refusal to take the proposed child. The procedure for registering prospective adopters is approved by the Minister, so the formal side of the file must be observed precisely: this is the stage where foreign adopters' cases most often stall.
Restrictions and Priority Rights — What a Foreign Adopter Must Know
The law imposes several strict restrictions on adoption. It is prohibited to adopt a child aged 10 or over without the child's consent — an exception applies only where, before the application was filed, the child lived in the adopter's family and regarded the adopter as their parent. It is prohibited to select in advance a pregnant woman for adoption purposes and to create the possibility of taking her abroad to give birth, as well as to search for or offer an adoptable child and an adopter through public announcements. Adoption may not be conditional, time-limited or effected through a representative — but this does not forbid legal accompaniment: an adopter may use the services of an advocate, and a foreign citizen may use the services of the receiving country's competent authority on adoption matters or, in its absence, of another accredited appropriate legal entity.
The age difference between the adopter and the adoptable child must not be less than 16 years — for a valid reason the court may modify this difference, and where a stepmother or stepfather adopts the child the age restriction does not apply at all. Separating sisters and brothers is impermissible, except where it corresponds to their interests. Priority rights deserve separate attention: the preferential right to adopt an adoptable child belongs to the child's relative — within a broad defined circle — and that relative may be a foreign citizen; the preferential right also belongs to a host family within 6 months from the child's placement in foster care, and to an adopter who has already adopted this child's sister or brother. The practical consequence is simple: without kinship or other preferential circumstances, a foreign adopter stands last in the queue.
Conditions of Intercountry Adoption, the Court and the Effects of the Decision
A child may be adopted from Georgia to a foreign country only where returning the child to the biological family or the child's adoption by a Georgian citizen or by a stateless person holding status in Georgia is impossible. A foreign citizen may adopt a person registered in the registry with adoptable-child status whom no Georgian citizen has adopted within 8 months of the child's entry into the registry. The Agency then conducts a study and records in its conclusion the reasons why an adopter could not be found for the child in Georgia. Taking into account the child's state of health, the court may shorten this period. Establishing the child's state of health by an appropriate expert assessment is mandatory for adoption abroad. Where the receiving country is not a party to the Convention or its legislation defines no competent authority on adoption matters, the Minister approves the form of a special agreement to be concluded with the receiving country's central authority (or with a licensed or accredited appropriate organisation).
This part of the procedure ends with a conclusion: upon the prospective adopter's consent, the conclusion on adoption is prepared within 1 week of completion of the social worker's study, and in intercountry adoption the Agency's conclusion is submitted to the corresponding district (city) court within 1 week of its preparation. The conclusion covers the biographical data, personal characteristics, social and health situation of the adopter and the child, the motivation for adoption and — where necessary — the possibility of raising the child in accordance with the child's ethnic and cultural environment.
The final decision on the adoption of a child is issued by the district (city) court; the application is filed with the court according to the location of the adopter or of the adoptable child. In intercountry adoption the interests of the adoptable child in court are protected by an authorised representative of the Agency. The case is heard at a closed court session, and it is prohibited to adopt a child without the adopter's participation — for valid reasons the session may be held with the participation of only one of the adopters. If the court finds that the adoption corresponds to the interests of the adoptable child and serves the child's wellbeing, it issues its decision within 2 weeks of the acceptance of the application; within 5 days of the decision entering into legal force the court notifies the state services development agency. The adoption takes effect on the day the court decision enters into legal force.
At any stage of the procedure, but no later than the final decision, refusal may be declared by the parents — where their consent exists — as well as by the adopter and by the child if the child is aged 10 or over. Taking the child's interests into account, the guardianship and curatorship authority may change its own conclusion and request suspension of the court proceedings. After the decision enters into force, at the adopter's request and for confidentiality reasons, the child's first name, surname, place of birth and date of birth may be changed — the date of birth may not be changed by more than 1 month; where the child has reached the age of 10, the court takes the child's opinion into account.
The legal consequences of adoption are comprehensive: the adopted child loses property and personal non-property rights and is released from duties towards the biological parent or parents and relatives; where spouses adopt a child, or one spouse adopts the other spouse's child, the child acquires the legal status of the spouses' common child, and the adopted child and the child's descendants are equated with biological relatives in personal and property rights and duties towards the adopter and the adopter's relatives.
Confidentiality and Annual Post-Adoption Monitoring
The adoption procedure is confidential: the judge, the biological parent, representatives of the authorities and any person participating in the procedures are obliged to keep secret the information received at any stage; disclosure of the secret of adoption without the consent of the biological parent, the adopter and the adult adopted person is prohibited. In intercountry adoption, follow-up control also matters: on the basis of a special agreement, the central authority must request from the receiving country's central authority (or accredited organisation) annual provision of information on the adopted child's health and social situation — until the child turns 18. This obligation translates into annual reports for the adoptive family, and neglecting it has reputational and legal consequences for the procedure.
Frequently Asked Questions
Below we answer the questions foreign adopters ask us most often.
Can a foreign national adopt any child from Georgia?
No. Only a child registered in the registry with adoptable-child status may be adopted, and even then under the 8-month rule: a foreigner may adopt a child whom no Georgian citizen has adopted within 8 months of the child's entry into the registry, unless the court shortens that period because of the child's health. The queue principle does not apply to relatives and other holders of priority rights.
Is the child's consent required?
Adopting a child aged 10 or over without the child's consent is prohibited. An exception is possible only where, before the application was filed, the child lived in the adopter's family and regarded the adopter as their parent. A child of the same age also has the right to refuse adoption before the final decision.
Within what time limit does the court issue its decision?
If the court finds that the adoption corresponds to the child's interests, the decision is issued within 2 weeks of the acceptance of the application; within 5 days of entering into force the court notifies the agency, and the adoption takes effect on the day the decision enters into legal force.
What is required after the adoption?
In intercountry adoption, information on the child's health and social situation is requested annually until the child turns 18. In addition, the confidentiality of adoption is protected by law — its disclosure entails liability in the manner established by Georgian legislation.
How We Help on Legal.ge
On Legal.ge you are served by advocates specialising in family law who accompany a foreign adopter's case at every stage of the Georgian procedure: we assess your situation within the framework of the 1993 Hague Convention, plan the document package and its alignment with the receiving country's home study, make the submissions to the Agency, prepare the court application, act at the closed hearing and give you an honest assessment of what the Convention and Georgian law require — and what they do not. Meet us in the office or online — book a consultation and receive a legal assessment of your situation.