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Placing a baby for adoption (or “giving up a baby for adoption”) is a difficult, yet courageous choice. If you’re an Expectant Mother considering adoption in Georgia, you’re not alone in this journey. At Abiding Love Adoptions, we understand that this decision comes with many questions, concerns, and emotions.
This comprehensive guide will help you understand your rights, options, and the adoption process in Georgia, empowering you to make the choice that feels right for your unique situation.
Your Legal Rights as an Expectant Mother in Georgia
As an Expectant Mother in Georgia, you have significant legal protections and rights throughout the adoption process. These rights are designed to ensure that your decision is made freely and with full understanding of the adoption process.
The Right to Choose
You have the right to choose adoption for your baby. This decision is yours alone, and no one can force you to place your child for adoption. You also have the right to:
- Select the Adoptive Family for your baby
- Determine the level of openness you want in the adoption relationship (i.e. if you want visits and updates/pictures after placement)
- Change your mind at any time before signing the final surrender documents and/or during the 4 day revocation period
- Receive independent legal counsel throughout the process
Revocation Period
In Georgia, you have the right to revoke your consent to adoption within four days after signing the surrender documents, provided you do so in writing.[1]
After this period expires, your consent becomes irrevocable except in cases of fraud, duress, or other exceptional circumstances.[2]
Right to Counseling and Support
You have the right to receive counseling services throughout the adoption process. This includes pre-placement counseling to help you explore your options and post-placement counseling to support you through the emotional aspects of your decision.
Financial Support for Expectant Mothers
Georgia law allows Expectant Mothers to receive certain types of financial assistance during pregnancy and the adoption process. This support is designed to help you focus on your health and well-being rather than financial stress.
Permissible Expenses
Adoptive Families may legally pay for:
Medical Expenses[3]:
- Prenatal care costs
- Hospital bills related to pregnancy and childbirth
- Mental health counseling services
Living Expenses[4]:
- Reasonable living expenses during pregnancy
- Maternity clothing
- Transportation to medical appointments
Legal and Professional Fees[5]:
- Attorney fees for your independent legal representation
- Court costs and filing fees
Important Limitations
While financial support is available, Georgia law sets important boundaries[6]:
- Support must be reasonable and directly related to pregnancy or adoption
- Payments cannot be contingent on placing the baby for adoption
- All financial arrangements must be approved by the court
- Money should never be exchanged
- Receipts for every expense must be accounted for by the Adoption Attorney and receipts provided as required by the Court and Licensing.
Birth Father Rights in Georgia
Understanding the Father’s rights is crucial to the adoption process. Georgia law recognizes certain rights for Fathers, and proper procedures must be followed to ensure a legally sound adoption.
Understanding the Difference between a Putative Father and a Legal Father[7]
A Putative Father is a Father who is not married to the Mother at the time of conception or birth and has not legitimated the child in Court through the Legal Process of Legitimation.
A Legal Father is a Father who is married to the Mother at the time of conception or birth, has legitimated the child in Court through the Legal Process of Legitimation, or has married the mother since birth and acknowledged the child as his own child.
At times there will be a Legal Father and a Putative Father. This happens when the Mother is married at the time of conception or birth, but her husband is not the Biological Father of the Child. In this case, there would be a Legal Father and the Biological Putative Father. Both Fathers would require notice of the adoption according to Georgia law.
What Type of Notice is required to a Putative Father[8]
The Biological Mother has three options in the State of Georgia:
- Name the Biological Putative Father and give his address so that he can be notified of the adoption;
- State that the identity of the Biological Putative Father is unknown to her; and
- Refuse to name the Biological Putative Father
A Putative Father can sign a Surrender of Parental RIghts consenting to the Termination of his Parental Rights. In fact, in Georgia a Putative Father can sign a Surrender of Parental Rights before the baby is born.
If the Putative Biological Father does not sign the Surrender of Parental Rights, then a Putative Biological Father would receive notice of the Adoption through process server, registered mail, or newspaper publication. Upon notice he has 30 days to do the following: (1) File a Petition to Legitimate; Provide Notice of said Petition to Legitimate to the Clerk of Court where the Adoption is pending; and (3) Provide Notice to the Attorney of Record for the Adoption of said Petition to Legitimate. If he does not do these three things within 30 days he cannot contest the adoption.
What Type of Notice is required to a Legal Father[9]
The Biological Mother must name any man she is married to at the time of conception or birth, who she married after the birth of the child and who acknowledged the child as his own; or any man who has legitimated the child. He should be served through a Process Server or Sheriff Deputy with the entire Petition for Adoption and has the right to object to the adoption.
The Georgia Adoption Process: Step by Step
Here’s how placing a baby for adoption in Georgia typically goes:
Connect with an Adoption Agency
Start by reaching out to a licensed Georgia Adoption Agency, like Abiding Love Adoptions. Reaching out to us is not an automatic agreement to make an adoption plan. We are here to explain your options, answer your questions, and help you decide whether or not adoption is right for you and your baby.
It is important to work with a licensed Georgia Adoption Agency instead of a licensed Georgia Attorney. When a Mother works with an Attorney to facilitate her adoption, it is called a Private Attorney Adoption. It is important to understand that the Attorney DOES NOT represent you, instead the Attorney represents the Prospective Adoptive Parent.
Pursuant to the Georgia Bar, the Attorney’s legal duty is to represent their client, the Prospective Adoptive Parent, which means their whole goal is to get you to sign Adoption Paperwork.
Make sure that your Adoption Agency is licensed in your state. It is illegal for an Adoption Agency not licensed in the State of Georgia to advertise their services in the State of Georgia. In order for the Out of State Agency to legally “work in” Georgia they have to associate in a Georgia Licensed Adoption Agency.
Create an Adoption Plan
If you decide to place your baby for adoption, we’ll help you create a plan tailored to your needs—choosing the family, deciding on the amount of contact, and outlining any support you require. This is your roadmap, and you control it.
Consent to the Adoption
As stated earlier, you can consent to adoption as early as 24 hours after your baby is born.
You have the right to your own Attorney. A reputable Adoption Agency will ensure that you have your own Attorney to review the documents with you before you consent and, if you wish, be present for you when you do sign.
Follow Up with Post-placement Support
Your baby goes to the Adoptive Family, and any agreed-upon contact begins. You’ll also receive post-placement support as you adjust.
Why This Matters to You
Placing your baby for adoption isn’t “giving up”—it’s giving your child a future you’ve thoughtfully chosen. Georgia’s laws protect your rights, ensuring you’re not rushed, coerced, or left in the dark. Knowing the law empowers you to make the best decision for yourself and your child.
You’re not alone in this—Abiding Love Adoptions is to walk beside you, offering resources and compassion, each step of the way.
Want to Place a Baby for Adoption in Georgia? We’re Here to Help.
As an Expectant Mother considering placing a baby for adoption in Georgia, you hold the power to shape this journey. The law gives you time to decide, options for support, and a voice in your baby’s future.
If you’re unsure where to start, reach out to Abiding Love Adoptions. We will listen, not push. Contact us to get started.
Disclaimer: Please note that Abiding Love Adoptions does not encourage the use of terms like “give up for adoption”. However, we understand that these are the terms used by Expectant Mothers to find Adoption Agencies, so we have incorporated them in this article.
Sources
- Child Welfare Information Gateway. (2021, October). Consent to Adoption – Georgia. https://www.childwelfare.gov/resources/consent-adoption-georgia/
- See source #1.
- Child Welfare Information Gateway. (2022, May). Regulation of Private Domestic Adoption Expenses – Georgia. https://www.childwelfare.gov/resources/regulation-private-domestic-adoption-expenses-georgia/
- See source #3.
- See source #3.
- See source #3.
- Georgia Department of Public Health. (2022, December 5). Putative Father Registry. https://dph.georgia.gov/ways-request-vital-record/putative-father-registry
- See source #7.
- See source #7.