19-8-3. Who may adopt a child; when petition must be filed in names of both spouses.

Any individual may petition to adopt a child if he or she:#

1. (1)

   Is at least 21 years of age or is married and living with his or her spouse;#

2. (2)

   Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7;#

3. (3)

   1. (A)

      Is a bona fide resident of this state at the filing of the petition for adoption; or#

   2. (B)

      Is a bona fide resident of the receiving state when the adoptee was either born in this state or is a resident of this state at the time of his or her placement for adoption, and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children. For purposes of this paragraph, a nonresident of Georgia is deemed to have complied with the Interstate Compact on the Placement of Children if the compact does not apply as defined in Article VIII of the Compact or if the individual is a resident of another country; and#

4. (4)

   Is financially, physically, and mentally able to have permanent custody of the child.#

If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone.#