2022 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-2. Jurisdiction and Venue of Adoption Proceedings

1. The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption.
2. All petitions for adoption under this article shall be filed in the county in which any petitioner resides, except that:
   1. Upon good cause being shown, the court may, in its discretion, allow such petition to be filed in the court of the county:
      1. Of the child’s domicile;
      2. In which is located any child-placing agency having legal custody of the child;
      3. Where the child was born if such petition is filed within one year of the child’s birth; or
      4. In which is located the office of the department having legal custody of the child;
   2. Any individual who is a resident of any United States army post or military reservation within this state may file such petition in any county adjacent to the United States army post or military reservation; and
   3. When a child has been placed for adoption with an individual who is a resident of another state in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; with an individual who is a resident of another state to which the Interstate Compact on the Placement of Children does not apply; or with an individual who is a resident of another country, such petition shall be filed in:
      1. The court of the county where the child was born, or resides, or was residing at the time of placement;
      2. The court of the county in which is located any child-placing agency having legal custody of the child; or
      3. Superior Court of Fulton County.

History. Code 1981, § 19-8-2 , enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 1/HB 154.

The 2018 amendment, effective September 1, 2018, deleted “, except such jurisdiction as may be granted to the juvenile courts” following “adoption” at the end of subsection (a); substituted “for adoption under this article” for “under this chapter” in the introductory paragraph of subsection (b); substituted the present provisions of paragraph (b)(1) for the former provisions, which read: “Upon good cause being shown, the court of the county of the child’s domicile or of the county in which is located any child-placing agency having legal custody of the child sought to be adopted may, in its discretion, allow the petition to be filed in that court; and”; substituted the present provisions of paragraph (b)(2) for the former provisions, which read: “Any person who has been a resident of any United States Army post or military reservation within this state for six months next preceding the filing of the petition for adoption may file the petition in any county adjacent to the United States Army post or military reservation.”; and added paragraph (b)(3).

The 2021 amendment, effective July 1, 2021, substituted “Children; with an individual who is a resident of another state to which the Interstate Compact on the Placement of Children does not apply; or with an individual who is a resident of another country,” for “Children,” in paragraph (b)(3), and added “, or resides, or was residing at the time of placement” at the end of subparagraph (b)(3)(A).

Law reviews.

For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

For article, “An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,” see 10 Ga. St. B.J. 275 (1973).

For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981).