Title 19, Chapter 8, Section 3
(a) Any adult person may petition to adopt a child if the person:
(1) Is at least 25 years of age or is married and living with his
(2) Is at least ten years older than the child;
(3) Has been a bona fide resident of this state for at least six
months immediately preceding the filing of the petition; and
(4) Is financially, physically, and mentally able to have
permanent custody of the child.
(b) Any adult person, including but not limited to a foster parent,
meeting the requirements of subsection (a) of this Code section
shall be eligible to apply to the department or a child-placing
agency for consideration as an adoption applicant in accordance with
the policies of the department or the agency.
(c) If a person seeking to adopt a child is married, the petition
must be filed in the name of both spouses; provided, however, that,
when the child is the stepchild of the party seeking to adopt, the
petition shall be filed by the stepparent alone.