2021 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-13. Petition; Filing and Contents; Financial Disclosures; Attorney's Affidavit; Redaction of Certain Information Unnecessary

1. The petition for adoption, duly verified, together with one conformed copy thereof, shall be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines:
   1. The petition for adoption shall set forth:
      1. The name, age, date and place of birth, marital status, and place of residence of each petitioner;
      2. The name by which the child is to be known should the adoption ultimately be completed;
      3. The sex, date and place of birth, and citizenship or immigration status of the child, and if the child is neither a United States citizen nor a lawful permanent resident of the United States on the date such petition is filed, the petitioner shall explain how such child will be able to obtain lawful permanent resident status;
      4. The date and circumstances of the placement of the child with each petitioner;
      5. Whether the child is possessed of any property and, if so, a full and complete description thereof;
      6. Whether the child has one or both parents or his or her biological father who is not a legal father living;
      7. Whether the child has a guardian and, if so, the name of the guardian and the name of the court that appointed such guardian;
      8. Whether the child has a legal custodian and, if so, the name of the legal custodian and the name of the court that appointed such custodian; and
      9. Whether each petitioner or his or her attorney is aware of any other adoption proceeding pending to date, in this or any other state or country, regarding the child who is the subject of the proceeding that is not fully disclosed in such petition and whether each petitioner or his or her attorney is aware of any individual who has or claims to have physical custody of or visitation rights with the child who is the subject of the proceeding whose name and address and whose custody or visitation rights are not fully disclosed in such petition. Each petitioner and his or her attorney shall have a continuing duty to inform the court of any proceeding in this or any other state or country that could affect the adoption proceeding or the legal custody of or visitation with the child who is the subject of the proceeding;
   2. When the adoption is pursuant to subsection (a) of Code Section 19-8-4, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed:
      1. If the adoption is pursuant to:
         1. Paragraph (1) of such subsection, a copy of the written voluntary surrender of rights of each parent or guardian specified in subsection (e) of Code Section 19-8-4 and a copy of the written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-4; or
         2. Paragraph (2) of such subsection, a certified copy of the order entered by a court of competent jurisdiction terminating parental rights of the parent and committing the child to the department, child-placing agency, or out-of-state licensed agency;
      2. A copy of the affidavits specified in subsections (g) and (h) of Code Section 19-8-4;
      3. An original affidavit from the department or a child-placing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with and that the child is legally available for adoption or, in the case of a placement by an out-of-state licensed agency, that the comparable provisions dealing with the termination of parental rights of the parents and of a biological father who is not a legal father of the child have been complied with under the laws of the state or country in which the out-of-state licensed agency is licensed and that the child is legally available for adoption thereunder;
      4. The original written consent of the department, child-placing agency, or out-of-state licensed agency to the adoption;
      5. Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
      6. A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form;
   3. When the adoption is pursuant to Code Section 19-8-5, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed:
      1. The original written voluntary surrender of rights of each parent, biological father who is not a legal father, or guardian specified in subsection (e) of Code Section 19-8-5;
      2. The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-5;
      3. The original affidavits specified in subsections (g) and (h) of Code Section 19-8-5;
      4. A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry;
      5. The original accounting required by subsection (c) of this Code section;
      6. Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children;
      7. A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form; and
      8. A copy of the home study report;
   4. When the adoption is pursuant to Code Section 19-8-6, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed:
      1. The original written voluntary surrender of rights of each parent, biological father who is not a legal father, or guardian specified in subsection (e) of Code Section 19-8-6;
      2. The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-6;
      3. The original affidavits specified in subsections (g) and (h) of Code Section 19-8-6;
      4. The original consent specified in subsection (j) of Code Section 19-8-6;
      5. A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry;
      6. Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the birth of the child, the marriage of each petitioner, and the death of each parent in lieu of a surrender of his or her parental rights; and
      7. A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form;
   5. When the adoption is pursuant to Code Section 19-8-7, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed:
      1. The original written voluntary surrender of rights of each parent or biological father who is not a legal father specified in subsection (e) of Code Section 19-8-7;
      2. The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-7;
      3. The original affidavits specified in subsections (g) and (h) of Code Section 19-8-7;
      4. A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry;
      5. Uncertified copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship or custody of the child and the birth of the child, including, but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
      6. A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form;
   6. 1. When the adoption is pursuant to subsection (a) of Code Section 19-8-8, the following shall be provided or attached to the petition for adoption when the petition for adoption is filed:
         1. A copy of the child's passport page showing an immediate relative immigrant visa or Hague Convention immigrant visa obtained to grant the child entry into the United States as a result of a full and final adoption in the foreign country; and
         2. A copy along with an English translation of the child's birth certificate or registration.
      2. Because the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport is prima-facie evidence that all parental rights have been terminated and that the child is legally available for adoption, it shall not be necessary to file any documents related to the surrender or termination of the parental rights of the child's parents or comply with Code Section 19-8-12 regarding the rights of a biological father who is not a legal father when the petition for adoption is filed pursuant to subsection (a) of Code Section 19-8-8.
      3. When the adoption is pursuant to subsection (b) of Code Section 19-8-8, the following shall be provided or attached to the petition for adoption when the petition for adoption is filed:
         1. A copy along with an English translation of the final decree or order of guardianship from the foreign country;
         2. Copies of all postplacement reports, if required by the foreign country that entered the guardianship decree or order;
         3. Authorization to proceed with adoption if specifically required by the decree or order entered by the court or administrative agency in the foreign country;
         4. A copy of the child's passport page showing an immediate relative immigrant visa or Hague Convention immigrant visa obtained to grant the child entry into the United States in order to finalize his or her adoption; and
         5. A copy along with an English translation of the child's birth certificate or registration;
   7. When Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition for adoption; but the petitioner shall, in lieu of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits, allege facts in the petition for adoption demonstrating the applicability of subsection (a) or (b), or both, of Code Section 19-8-10 and shall also allege compliance with subsection (c) of Code Section 19-8-10;
   8. When Code Section 19-8-11 is applicable, the petitioner shall allege facts in the petition demonstrating the applicability of paragraph (3) of subsection (a) of Code Section 19-8-11 and shall also allege compliance with subsection (b) of Code Section 19-8-11; and
   9. If the petition for adoption is filed in a county other than that of the petitioner's residence, the reason therefor shall be set forth in such petition.
2. At the time of filing the petition for adoption, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; the fees shall be those established by Code Section 15-6-77.
3. Each petitioner for adoption in any proceeding for the adoption of a child pursuant to Code Section 19-8-5 shall file with the petition for adoption, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with:
   1. The birth of the child;
   2. Placement of the child with the petitioner;
   3. Counseling services or legal services for a legal mother;
   4. Reasonable expenses for the biological mother as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of Code Section 19-8-24;
   5. Medical or hospital care received by the biological mother or by the child during such mother's prenatal care and confinement; and
   6. Services relating to the adoption or to the placement of the child for adoption which were received by or on behalf of the petitioner, either biological parent of the child, or any other individual.
4. Every attorney for a petitioner in any proceeding for the adoption of a child pursuant to Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that, if the attorney received or is to receive less than $500.00, the affidavit need only state that fact.
5. Any report made under this Code section shall be signed under oath and in the presence of a notary public by the individual making the report.
6. 1. As used in this subsection, the term "family member" shall have the same meaning as set forth in Code Section 19-7-3.
   2. Whenever a family member other than the petitioner has visitation rights to such child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the family member with the visitation rights or upon such family member's counsel of record at least 30 days prior to the date upon which the petition for adoption will be considered as such time frames are set forth in Code Section 19-8-14.
7. Notwithstanding Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender of rights and acknowledgment thereof and affidavits of a legal mother and a representative of the petitioner or of the individual signing such surrender, when the adoption is sought under Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to Code Section 15-11-321 or pursuant to the corresponding provisions of the laws of another state, obtaining and attaching to the petition for adoption a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits.
8. 1. A petition for adoption regarding a child who has a living biological father who is not a legal father and who has not surrendered his rights to the child shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of such child pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall indicate the results of a search of the registry on or after the earliest of the following:
      1. The date of a legal mother's surrender of parental rights;
      2. The date of entry of the court order terminating a legal mother's parental rights;
      3. The date of a legal mother's consent to adoption pursuant to Code Section 19-8-6; or
      4. The date of filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption.
   2. Such certificate shall include a statement that the registry is current as of the earliest date listed in subparagraphs (A) through (D) of paragraph (1) of this subsection, or as of a specified date that is later than the earliest such date.
   3. When a legal mother of the child who is the subject of the proceeding identifies her husband as the biological father of the child and he has executed a surrender of his parental rights in favor of the petitioner, the petitioner shall obtain a certificate from the putative father registry and submit it with the petition for adoption to confirm that no male other than the legal mother's husband has expressed an interest in the child or to identify a registrant other than the legal mother's husband who shall be notified pursuant to Code Section 19-8-12.
9. Because adoption records are sealed pursuant to subsection (a) of Code Section 19-8-23, it shall not be necessary to redact social security numbers, taxpayer identification numbers, financial account numbers, or dates of birth from pleadings and all documents filed therewith that are filed pursuant to this article as they are deemed to be a filing under seal under subsection (d) of Code Section 9-11-7.1.
10. A petition for the adoption of a child is an in rem proceeding and it shall be entitled "In the interest of [insert name at birth of the child to be adopted], a child.”, except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing.

(Code 1981, §19-8-13, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, §§ 4, 5; Ga. L. 1992, p. 6, § 19; Ga. L. 1997, p. 1686, § 6; Ga. L. 2000, p. 20, § 13; Ga. L. 2011, p. 573, § 4/SB 172; Ga. L. 2013, p. 294, § 4-27/HB 242; Ga. L. 2016, p. 87, § 2/HB 229; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2019, p. 683, § 7/HB 288; Ga. L. 2019, p. 1056, § 19/SB 52; Ga. L. 2020, p. 493, § 19/SB 429; Ga. L. 2021, p. 151, § 8/HB 154.)

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subsection (f) for the former provisions, which read: "Whenever a petitioner is a blood relative of the child to be adopted and a grandparent other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with the visitation rights or upon such person's counsel of record."

The 2018 amendment, effective September 1, 2018, rewrote this Code section.

The 2019 amendments. The first 2019 amendment, effective January 1, 2020, substituted "Code Section 15-6-77" for "Code Sections 15-6-77, 15-6-77.1, and 15-6-77.2" at the end of subsection (b). The second 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation and language in subparagraph (a)(5)(E).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "compliance with Chapter 4 of Title 39" for "compliance with 4 of Title 39" in subparagraphs (a)(2)(E) and (a)(3)(F).

The 2021 amendment, effective July 1, 2021, substituted "subsection" for "Code section" near the beginning of divisions (a)(2)(A)(i) and (a)(2)(A)(ii); deleted "subsection (a) of" following "adoption is pursuant to" near the beginning of the first sentence of paragraphs (a)(3), (a)(4), and (a)(5); deleted "and" at the end of paragraph (a)(7); added paragraph (a)(8); and redesignated former paragraph (a)(8) as present paragraph (a)(9); in subsection (g), deleted "subsection (a) of" following "when the adoption is sought under", and inserted "or pursuant to the corresponding provisions of the laws of another state" near the middle; deleted "or" at the end of subparagraph (h)(1)(B); substituted "; or" for a period at the end of subparagraph (h)(1)(C); added subparagraph (h)(1)(D); and added subsection (j).

- Pursuant to Code Section 28-9-5, in 1990, "acknowledgment" was substituted for "acknowledgement" in subparagraph (a)(5)(B).

Pursuant to Code Section 28-9-5, in 2018, a period that was inadvertently deleted was added at the end of subparagraph (h)(1)(C).

Pursuant to Code Section 28-9-5, in 2019, "Chapter" was inserted near the end of subparagraph (a)(5)(E).

- Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

- For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For article, "Continuing Confusion in the Georgia Adoption Process," see 20 Ga. St. B.J. 62 (1983). For article, "2019 Legislative Review," see 24 Ga. St. B.J. 28 (June 2019).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 4, Ga. L. 1977, p. 201, and former § 19-8-8, as last amended by Ga. L. 1986, p. 1516, § 2, are included in the annotations for this Code section.

- In adoption proceedings, best interest of child is always a prime factor to be considered. Davey v. Evans, 156 Ga. App. 698, 275 S.E.2d 769 (1980) (decided under Ga. L. 1977, p. 201).

- There is no requirement that guardian must be appointed before adoption is legally permissible. Davey v. Evans, 156 Ga. App. 698, 275 S.E.2d 769 (1980) (decided under Ga. L. 1977, p. 201).

- When petitioners for an adoption learned that the man named by the child's biological mother in her affidavit as the father was excluded by DNA evidence, they amended the petition to state that the mother did not know the father's identity, and the mother so testified at trial. This cured any problem with the petition and the mother's affidavit. Blount v. Knighton, 298 Ga. App. 448, 680 S.E.2d 522 (2009).

- Trial court erred in denying the mother's and adoptive father's request to change the child's surname from the deceased father's name to the adoptive father's name, pursuant to O.C.G.A. § 19-8-13(a)(1)(B). Evans v. Sangster, 330 Ga. App. 533, 768 S.E.2d 278 (2015).

Factual error in adoption petition in no way deprives court of subject matter jurisdiction. Burrell v. Wood, 237 Ga. 162, 227 S.E.2d 60 (1976) (decided prior to revision of by Ga. L. 1977, p. 201).

- Although when appellees filed their petition for adoption, their marriage certificate was not attached, it was supplied by amendment which related back to the date the pleading was filed, thus curing omission from the petition. Owens v. Worley, 163 Ga. App. 488, 295 S.E.2d 199 (1982) (decided under former § 19-8-8, as last amended by Ga. L. 1986, p. 1516, § 2).

- That a petition for adoption failed to contain the petitioners' marriage license as required by O.C.G.A. § 19-8-13(a)(3)(G) (now (a)(3)(F)) did not invalidate the adoption as the petitioners testified as to the date of their marriage and presented the license at trial. Blount v. Knighton, 298 Ga. App. 448, 680 S.E.2d 522 (2009).

Defects in an adoption petition regarding the name, age, marital status, and residence of the petitioners, the affidavit of the adoptive parents' legal representative, and information pertaining to the circumstances of the adoption, were timely cured by amendment. Mabou v. Eller, 232 Ga. App. 635, 502 S.E.2d 760 (1998).

- Apart from a single reference to O.C.G.A. § 19-8-10(b)(2), the adoption petition was devoid of any factual allegations demonstrating the applicability of that statute as statutorily required and, thus, it did not put the parent on notice of what allegations the parent needed to be prepared to defend against in order to show cause why the parent's rights should not be terminated by allowing the adoption. Johnson v. Hauck, 344 Ga. App. 848, 812 S.E.2d 303 (2018).

- Reversal of an order granting a petition was required because the petition failed to include the affidavit of the legal mother, allegation of compliance with O.C.G.A. § 19-8-12, birth certificate of the child, marriage certificate of the custodial parents, and background information regarding the child. Spires v. Tarleton, 225 Ga. App. 117, 483 S.E.2d 337 (1997).

- Former provisions granted broad discretion to the trial court in determining whether there have been improper financial transactions associated with adoption. Owens v. Worley, 163 Ga. App. 488, 295 S.E.2d 199 (1982) (decided under former § 19-8-8, as last amended by Ga. L. 1986, p. 1516, § 2); Messer v. Marchman, 205 Ga. App. 364, 422 S.E.2d 250 (1992); Lee v. Stringer, 212 Ga. App. 401, 441 S.E.2d 861 (1994), overruled on other grounds, 224 Ga. App. 124, 479 S.E.2d 439 (1996).

- Foster parents did not have standing to pursue an adoption of a foster child that had been living happily with the child's grandmother for three years because the biological parents did not surrender their rights in favor of the foster parents under O.C.G.A. § 19-8-5, and the Foster Parent's Bill of Rights, O.C.G.A. § 49-5-281, did not grant adoption rights. Additionally, the Department of Human Services was required to consent to any adoption. Owen v. Watts, 303 Ga. App. 867, 695 S.E.2d 62, cert. denied, U.S. , 131 S. Ct. 156, 178 L. Ed. 2d 93 (2010).

Cited in Prince v. Black, 256 Ga. 79, 344 S.E.2d 411 (1986); Smallwood v. Davis, 292 Ga. App. 173, 664 S.E.2d 254 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Adoption, § 114.

1B Am. Jur. Pleading and Practice Forms, Adoption, §§ 2 et seq., 114 et seq.

- 2 C.J.S., Adoption of Persons, §§ 81, 82.