Foster Care and Host Family Status
Foster care is a state-established institution whose legal foundations are defined by the Law of Georgia on Adoption and Foster Care. According to the third article of that law, its legal grounds are the Constitution of Georgia, international treaties and agreements — including the UN Convention on the Rights of the Child and the Hague Convention on cooperation in the field of child protection and intercountry adoption — the Civil Code, the Law on Social Assistance and other legal acts. The status of a host family is part of this framework: its acquisition, rights and duties are determined precisely by these norms, and any serious decision in this field begins with reading them carefully rather than with impressions.
Who Falls under Foster Care
The law defines as subject to foster care a person under 18 who: is an orphan; whose parent or parents have been declared missing by a court; or whose parent or parents have been restricted in, deprived of, or suspended from parental rights and duties. In addition, foster care also covers a person under 18 or between 18 and 21 against whom, in the case provided for by the Juvenile Justice Code, placement in foster care is applied as a diversion measure. The procedure for such placement is determined by an order of the Minister of Justice of Georgia — a delegated rule whose exact content must be verified separately in each case, and this is part of what we do at the consultation.
Who Administers the Procedures — the Agency and Local Bodies
The authorised body implementing adoption and foster care procedures is the agency, while the final decision on adoption is issued by a court. Apart from the agency, every other natural or legal person is prohibited from any preliminary activity concerning a specific child for the purposes of adoption or foster care — only the provision of legal services by an advocate or other authorised person is allowed. The territorial units of the agency act as the local guardianship and custody authorities: they identify and register persons wishing to become foster carers, develop the child’s individual development plan and supervise the foster child’s living conditions, upbringing, education and health. The agency also maintains the relevant registry and, upon the request of a person who has reached 18, must provide that person with their biographical data and information about their biological parents, where such exists.
Assessment Criteria and Delegated Rules
In assessing compatibility the law sets negative criteria: the age difference between the foster child and the person wishing to become a foster carer must not be less than 16 years, except for the exceptions established by law; a child who has reached the age of 10 must consent to the foster placement; and a difference in religious affiliation is also taken into account. At the same time, the procedure for registering persons subject to foster care and the rules of activity of the local bodies are established by the minister — meaning that significant procedural details of the status are delegated to the level of agency and ministerial orders. Our approach is built precisely on this: beyond the framework established by the law, we verify every detail against the current delegated rules for each specific case, so that the client receives verified rather than assumed information.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Who can become a host family?
The assessment and registration of persons wishing to become foster carers is carried out by the local guardianship authority. The law sets negative compatibility criteria — including the age difference and the child’s consent — while detailed requirements are delegated to agency and ministerial rules, so their exact list is verified at the consultation.
Which children enter foster care?
Persons under 18 who are orphans, children whose parent has been declared missing by a court, and those whose parents have been restricted in, deprived of, or suspended from parental rights and duties. Placement as a diversion measure may also concern a person up to 21.
Does the agency take the child without a court?
The final decision on adoption is issued by a court, while the procedures are implemented by the agency and its territorial units. Within foster care, the administrative procedure for placement is defined by delegated normative acts — we explain the sequence of concrete steps at the consultation.
What happens with the child’s information?
The agency maintains the registry and, upon the request of a person who has reached 18, must provide their biographical data and information about their biological parents, where such exists.
How We Help on Legal.ge
The advocates of Legal.ge assist both families wishing to enter foster care in obtaining the status and host families in matters connected with an existing status: we explain the framework established by the law, verify the current delegated rules, prepare the documentation and represent your interests in dealings with the agency. Book a consultation — and receive precise, verified information for your case, in the office or online.