Stepparents often play an important role in a child’s life. You may care for them daily, attend school events, and help make decisions. But under Georgia law, your legal rights as a stepparent are limited unless you take specific steps.
Stepparents don’t have automatic rights
Being married to a child’s biological parent does not give you legal rights to the child. You can’t make medical decisions, enroll them in school, or have a say in custody just because you live with them. Georgia does not recognize stepparents as legal guardians without court involvement.
Legal adoption can create rights
The main way to gain parental rights is through adoption. If the other biological parent gives up their rights—or has them terminated—you may be able to adopt the child. This process gives you full legal rights, just like a biological parent. Once adopted, you can make decisions for the child and even request custody or support in the future if needed.
Court-approved guardianship is an option
If adoption isn’t possible, guardianship might be a solution. You can petition the court for temporary or permanent guardianship. This lets you make key decisions for the child, especially if the biological parents are unavailable or unfit. However, guardianship does not equal parental rights and can be revoked.
Parental responsibility stays with biological parents
Even if you help raise the child, Georgia law gives legal rights and responsibilities to the biological or adoptive parents. This includes decisions about schooling, healthcare, and where the child lives. If you separate from your spouse, you won’t have a legal claim to custody or visitation unless you’ve adopted the child.
