Understanding the Legalities
The question of “Can a convicted felon adopt a child in Georgia?” is one that may arise in many minds. The answer is yes, but it depends on several factors including the nature of the charges convicted, how long ago it was, and whether or not the court thinks it’s in the best interest of the child for you to adopt with such a charge on your history.
If the court determines that it is not in the best interest of the child for you to adopt the child, due to your past felony conviction, then your adoption will not go through.
In this guide, we will delve deeper into this topic, shedding light on various scenarios related to adoption and felony convictions, including on how it will affect a Georgia adoption.
Can I Adopt if My Husband Has a Felony?
If your spouse has a felony conviction, it does not automatically disqualify you from adopting. However, like we discussed before, the nature of the felony, its severity, and how recent it was can impact the decision. The court primarily considers the child’s welfare in any adoption case.
Can a Felon Adopt a Stepchild?
Adopting a stepchild when you have a felony conviction follows a similar process. The court will take into account the nature of the felony, its relevance to the child’s wellbeing, and the time elapsed since the conviction.
Remember: the standard is always – what’s in the best interest of the child.
How Far Back Does a Background Check Go in a Georgia Adoption?
In Georgia, a background check for an adoption case typically covers all adult years of a prospective parent. This means that all convictions during your adulthood could potentially affect your adoption application.
Can You Adopt with an Expunged Record in Georgia?
An expunged record means that the conviction has been legally erased. In Georgia, you can adopt with an expunged record, however, the court has the discretion to consider all aspects of your past, including expunged records, when determining the child’s best interests.
Can You Adopt with a Drug Felony?
A drug felony, like other types of felonies, doesn’t automatically disqualify you from adopting a child. However, it may raise concerns about the prospective parent’s ability to provide a stable and healthy environment for the child.
Can You Adopt a Child if You Have a Domestic Violence Charge?
A domestic violence charge can complicate the adoption process. The court will carefully review such cases to ensure that the child’s safety and wellbeing are not at risk. The court will look at how long ago the charge was and also the circumstances surrounding the charge, especially if the charge was more recent.
What Will Disqualify You from Adopting a Child?
Certain crimes such as child abuse or neglect, spousal abuse, crimes against children (including child pornography), and violent crimes, including rape, sexual assault, or homicide, will most likely disqualify a person from adopting a child. The court in Georgia will still look to see what is in the best interest of the child, based on your criminal record.
While having a felony conviction can complicate the process, it does not necessarily prevent you from adopting a child in Georgia. Each case is unique and evaluated on its own merits. If you find yourself in this situation, consulting with a family law attorney can provide clarity and guidance.