Georgia law has evolved in recent years, but questions about same-sex parental rights still come up. If you’re part of a same-sex couple raising children, understanding how state laws affect your family is important.
Legal recognition of both parents
In Georgia, same-sex marriage is legal, which helps both spouses gain parental rights when a child is born into the marriage. If you and your spouse have a child together, both of your names can appear on the birth certificate. This strengthens your legal relationship with your child.
However, this recognition doesn’t apply automatically in every situation. If one spouse is not a biological parent, it’s smart to complete a second-parent adoption. This legal process confirms your parental status in court, creating a clear legal bond.
Adoption and assisted reproduction
Adoption is an option many same-sex couples use to build their families. Georgia allows same-sex couples to adopt jointly or for one partner to adopt the other’s child. Stepparent and second-parent adoptions are common and help protect each parent’s rights.
For couples using assisted reproductive technology, things can get more complex. Georgia law doesn’t always offer clear protections for non-biological parents. That’s why confirming your parental rights through legal adoption is often the safest step. Even if your name is on the birth certificate, a court order provides stronger security.
Custody and visitation rights
Custody decisions in Georgia focus on the best interests of the child. If you separate from your partner, the court looks at the child’s needs, stability, and existing relationships. Having legal parent status improves your chances of keeping custody or visitation rights.
Without formal adoption or a legal tie, a non-biological parent may struggle to gain custody or visitation. Courts tend to side with legally recognized parents, so it’s smart to have your status clearly documented.
You want to protect your family and your role in your child’s life. Georgia law gives same-sex couples rights, but not all protections come automatically. Taking extra legal steps gives you peace of mind and helps avoid future disputes.
