2020 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
- § 19-8-1. Definitions
- § 19-8-2. Jurisdiction and Venue of Adoption Proceedings
- § 19-8-3. Who May Adopt a Child; When Petition Must Be Filed in Names of Both Spouses
- § 19-8-4. (See Editor's notes.) Adoption Through the Department, Child-Placing Agency, or Out-of-State Licensed Agency
- § 19-8-5. (See Editor's notes.) Third Party Adoption by Party Who Is Not Stepparent or Relative of Child
- § 19-8-6. (See Editor's notes.) Stepparent Adoption
- § 19-8-7. (See Editor's notes.) Adoption by Certain Relatives Related to Child by Blood or Marriage
- § 19-8-8. Domestication of Adoption of Child Born in Foreign Country; Certificate of Foreign Birth; Authority of Court to Change Date of Birth
- § 19-8-9. Revocation of Surrender of Rights; Time Limit; Effect of Voluntary Surrender of Rights by Legal Mother
- § 19-8-10. When Surrender or Termination of Parental Rights of Living Parent Not Required; Service on Parents in Such Cases; Involuntary Termination of Rights
- § 19-8-11. Petitioning Superior Court to Terminate Rights of One Parent or Guardian of Child; Service of Process
- § 19-8-12. Notice to Biological Father; Procedure When Identity or Location of Father Not Known; Effect of Order Terminating Biological Father's Rights; Legitimation of Child by Father; Rights of Mother
- § 19-8-13. Petition; Filing and Contents; Financial Disclosures; Attorney's Affidavit; Redaction of Certain Information Unnecessary
- § 19-8-14. Timing of Adoption Hearing; Record Retention; Clerk's Duties
- § 19-8-15. Objections to Petition for Adoption
- § 19-8-16. Investigation by Court-Appointed Agent; Criminal History Records Check for Adoption Petitioners
- § 19-8-17. Report and Findings of Investigating Agent; Dismissal of Petition; Appointment of Guardian Ad Litem
- § 19-8-18. Hearing; District Attorney to Be Directed to Review Inducement Violations; Decree of Adoption; Factors Considered in Determining Best Interests of Child; Disposition of Child on Denial of Petition
- § 19-8-19. Effect of Decree of Adoption
- § 19-8-20. Forwarding of Decree, Report, and Subsequent Orders to Department; Issuance of Adoption Certificate; Use as Evidence
- § 19-8-21. Adoption of Adult Individuals; Applicability of Code Sections 19-8-19 and 19-8-20
- § 19-8-22. Recognition and Effect of Order by Court or Administrative Body Within or Outside United States
- § 19-8-23. Where Records of Adoption Kept; Examination by Parties and Attorneys; Use of Information by Agency and Department
- § 19-8-24. Advertising Restrictions and Requirements; "Inducements" Defined; Unlawful Inducements; Penalties; Exemption for Personal Communications; Civil Actions
- § 19-8-25. Effect of Prior Consent or Surrender of Rights
- § 19-8-26. Forms
- § 19-8-27. Postadoption Contact Agreements; Definitions; Procedure; Jurisdiction; Warnings; Enforcement, Termination, or Modification; Expenses of Litigation
- § 19-8-28. Adoption of an Orphan
- Issuance of new birth certificate following adoption and legitimacy or paternity determination, § 31-10-14.
Powers and duties of Department of Human Resources regarding children and youth services generally, § 49-5-1 et seq.
Administrative Rules and Regulations.- Rules and regulations for child placing agencies, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Office of Regulatory Services, Subject 290-9-2.
Law reviews.- For article on virtual adoption, see 15 Mercer L. Rev. 335 (1964). For article advocating revision of former adoption statute governing inheritance by an adopted child, see 4 Ga. L. Rev. 505 (1970). For article surveying legislative and judicial developments in Georgia's divorce, alimony and child custody laws for 1978-79, see 31 Mercer L. Rev. 75 (1979). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey article on domestic relations, see 50 Mercer L. Rev. 217 (1998). For note on permissive intervention of grandparents in divorce proceedings, see 26 Ga. L. Rev. 787 (1992). For note on 1991 amendments to this chapter, see 8 Ga. St. U. L. Rev. 57 (1992). For note on 1999 amendments to sections in this chapter, see 16 Ga. St. U. L. Rev. 62 (1999). For comment, "Surrogate Mother Contracts: Analysis of a Remedial Quagmire," see 37 Emory L.J. 721 (1988).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the provisions, decisions under former Article 1 of Chapter 8 of Title 19 prior to the enactment of Ga. L. 1990, p. 1572, § 5 are included in the annotations for this article.
Adoption statutes should be strictly construed and meticulously followed so that beyond all preadventure the adoption will not later be subject to attack. Nelson v. Taylor, 244 Ga. 657, 261 S.E.2d 579 (1979); Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983) (decided under former T. 19, C. 8, A. 1).
Rights and obligations not altered until date of final order.
- General intent appears to be that rights and obligations of a natural parent, and those of an adopting parent, to a child are not conclusively altered until date of final order of adoption. Johnson v. Parrish, 159 Ga. App. 613, 284 S.E.2d 111 (1981) (decided under former T. 19, C. 8, A. 1).
Attorney for child not required.
- Adoption statutes do not require the appointing of an attorney for the child. Arrington v. Hand, 193 Ga. App. 457, 388 S.E.2d 52 (1989) (decided under former T. 19, C. 8, A. 1).
Appeal of adoption decision.
- When a father's petition for legitimation was denied, the appellate court did not have jurisdiction to review the order because the father had failed to follow the discretionary procedures to appeal pursuant to O.C.G.A. § 5-6-35(a)(2), nor did he file his application for such review within the time period allowed by § 5-6-35(d); his appeal from an order terminating his parental rights and allowing adoption of the minor by the stepfather, pursuant to O.C.G.A. § 19-8-1 et seq., was also denied since the issues that the father raised related to the lack of a hearing on his legitimation proceeding, which was already determined to not be reviewable. In the Interest of C.M.L., 260 Ga. App. 502, 580 S.E.2d 276 (2003).
Cited in Beasley v. Burt, 201 Ga. 144, 39 S.E.2d 51 (1946); Herrin v. Graham, 87 Ga. App. 291, 73 S.E.2d 572 (1952); Jones v. Harrison, 210 Ga. 373, 80 S.E.2d 155 (1954).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the provisions, opinions under former T. 19, C. 8, A. 1 prior to the enactment of Ga. L. 1990, p. 1572, § 5 are included in the annotations for this article.
Effect of 1977 revision of chapter on Ch. 10 of T. 31. - Although 1977 revision of this chapter did not deal with legitimation or subsequent marriage of parents, interpretation of relevant birth certificate provisions in Ch. 10 of T. 31 must take into account this latest legislative statement of public policy. 1980 Op. Att'y Gen. No. 80-58 (decided under former T. 19, C. 8, A. 1).
RESEARCH REFERENCES
ALR.
- Modern status of law as to equitable adoption or adoption by estoppel, 97 A.L.R.3d 347.
Natural parent's parental rights as affected by consent to child's adoption by other natural parent, 37 A.L.R.4th 724.
Required parties in adoption proceedings, 48 A.L.R.4th 860.
Action for wrongful adoption based on misrepresentation of child's mental or physical condition or parentage, 56 A.L.R.4th 375.
Postadoption visitation by natural parent, 78 A.L.R.4th 218.
Liability of public or private agency or its employees to prospective adoptive parents in contract or tort for failure to complete arrangement for adoption, 8 A.L.R.5th 860.
Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.
Adoption of child by same-sex partners, 27 A.L.R.5th 54.
