reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-45 - Genetic testing

(a)
All orders requiring parties to submit to genetic testing shall be issued in conformance with Code Sections
19-7-43
,
19-7-46
, and
19-7-54
. In all cases genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and shall be conducted by a laboratory accredited by:
(1)
The AABB, formerly known as the American Association of Blood Banks, or a successor to its functions; or
(2)
An accrediting body designated by the Secretary of the United States Department of Health and Human Services.
(b)
When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic testing be conducted as soon as medically feasible after the birth.
(c)
Genetic testing shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available.
(d)
An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for genetic testing, the court may dismiss the action upon motion of the respondent.
(e)
(1)
The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from genetic testing to any pleading or court order.
(2)
The genetic material collected for genetic testing shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services.
(3)
The genetic material collected for genetic testing shall not be shared with any other person or entity.
Amended by 2023 Ga. Laws 244,§ 1, eff. 7/1/2023.
Amended by 2015 Ga. Laws 252,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-46 - Evidence at trial

(a)
The results of medical and genetic testing and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical and genetic testing and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.
(b)
The results of genetic testing ordered by the court in a record and signed under penalty of perjury by a designee of the testing laboratory is self-authenticating and shall be admissible into evidence in any civil action if documentation from a testing laboratory contains:
(1)
The name and photograph of each individual whose specimen has been taken;
(2)
The name of the individual who collected each specimen;
(3)
The place and date each specimen was collected;
(4)
The name of the individual who received such specimen in the testing laboratory; and
(5)
The date the specimen was received.
(c)
There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.
(d)
Evidence of a refusal to submit to a genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.
(e)
An expert's opinion concerning the time of conception is as admissible as is other expert testimony.
(f)
Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.
(g)
Other relevant evidence shall be admitted as is appropriate.
Amended by 2023 Ga. Laws 244,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-46.2 - Temporary order of support

(a)
Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section
19-6-15
if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage.
(b)
All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount.
(c)
Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued.
(d)
Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father along with any interest that may have accrued.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-47 - Civil action; testimony of mother and alleged father; default judgments

(a)
Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.
(b)
If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9, the "Georgia Civil Practice Act," the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-48 - Settlement, dismissal, or termination of civil action

The child must be a party to a settlement agreement with the alleged father. The court must approve any settlement agreement, dismissal, or termination of the action which does not adjudicate the merits of the case.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-49 - Final order; effect; evidence of costs

(a)
On a finding that the alleged father is the father of the child, the court shall issue an order designating the alleged father as the father of the child. The sole effect of the order shall be to establish the duty of the father to support the child.
(b)
On a finding that the alleged father is not the father of the child, the court shall issue an order declaring this finding.
(c)
The trier of fact shall receive without foundation or the need for third-party testimony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-50 - Expenses of litigation

The court may order reasonable fees of counsel, experts, and the child's guardian ad litem and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-51 - Order of support and other provisions

The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section
19-6-15
, or any other matter in the best interests of the child.
Amended by 2016 Ga. Laws 404,§ 8, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-52 - To whom support payments made; enforcement and modification of orders

(a)
The court may order that support payments be made to the mother or other interested party, the child support receiver, the prosecuting attorney, the community supervision officer, or the clerk of court, provided that, in those cases where the action has been brought by the Department of Human Services on behalf of a child, the support payment shall be made to the Department of Human Services for distribution or to the child support receiver if the Department of Human Services so requests.
(b)
The same remedies and procedures shall apply for enforcement and modification of visitation and support orders as apply to enforcement and modification of such orders arising from divorce proceedings.
Amended by 2015 Ga. Laws 73,§ 5-43, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 7 - PARENT AND CHILD RELATIONSHIP GENERALLY (§§ 19-7-1 — 19-7-54) › Article 3 - DETERMINATION OF PATERNITY (§§ 19-7-40 — 19-7-54) › Section 19-7-53 - Confidentiality of hearings

Upon motion of any party, any hearing or trial held under this article may be held in closed court without the admittance of any person other than those necessary to the action or proceeding.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-2 - [See Note] Jurisdiction and venue of adoption proceedings (§ 19-8-2) › 1

(a)
The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption.
(b)
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:
(A)
Of the child's domicile;
(B)
In which is located any child-placing agency having legal custody of the child;
(C)
Where the child was born if such petition is filed within one year of the child's birth; or
(D)
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:
(A)
The court of the county where the child was born, or resides, or was residing at the time of placement;
(B)
The court of the county in which is located any child-placing agency having legal custody of the child; or
(C)
Superior Court of Fulton County.
Amended by 2021 Ga. Laws 140,§ 1, eff. 7/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-2 - [See Note] Jurisdiction and venue of adoption proceedings (§ 19-8-2) › 2

(a)
The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption.
(b)
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:
(A)
Of the child's domicile;
(B)
In which is located any child-placing agency having legal custody of the child;
(C)
Where the child was born if such petition is filed within one year of the child's birth; or
(D)
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 4A of Title 39, relating to the Interstate Compact for 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:
(A)
The court of the county where the child was born, or resides, or was residing at the time of placement;
(B)
The court of the county in which is located any child-placing agency having legal custody of the child; or
(C)
Superior Court of Fulton County.
Amended by 2024 Ga. Laws 425,§ 5, eff. upon enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth state.
Amended by 2024 Ga. Laws 425,§ 4, eff. upon enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth state.
Amended by 2021 Ga. Laws 140,§ 1, eff. 7/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-3 - [See Note] Who may adopt a child; when petition must be filed in names of both spouses (§ 19-8-3) › 1

(a)
Any individual may petition to adopt a child if he or she:
(1)
Is at least 21 years of age or is married and living with his or her spouse;
(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)
(A)
Is a bona fide resident of this state at the filing of the petition for adoption; or
(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)
Is financially, physically, and mentally able to have permanent custody of the child.
(b)
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.
Amended by 2021 Ga. Laws 140,§ 2, eff. 7/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-3 - [See Note] Who may adopt a child; when petition must be filed in names of both spouses (§ 19-8-3) › 2

(a)
Any individual may petition to adopt a child if he or she:
(1)
Is at least 21 years of age or is married and living with his or her spouse;
(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)
(A)
Is a bona fide resident of this state at the filing of the petition for adoption; or
(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 4A of Title 39, relating to the Interstate Compact for the Placement of Children. For purposes of this paragraph, a nonresident of Georgia is deemed to have complied with the Interstate Compact for 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)
Is financially, physically, and mentally able to have permanent custody of the child.
(b)
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.
Amended by 2024 Ga. Laws 425,§ 5, eff. upon enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth state.
Amended by 2024 Ga. Laws 425,§ 4, eff. upon enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth state.
Amended by 2021 Ga. Laws 140,§ 2, eff. 7/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-9 - Revocation of surrender of rights; time limit; effect of voluntary surrender of rights by legal mother

(a)
Notwithstanding subsection (a) of Code Section
9-10-12
which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section
19-8-4
,
19-8-5
,
19-8-6
, or
19-8-7
shall have the right to revoke such surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within four days after signing such surrender; and such surrender document shall not be valid unless it so states. The four-day revocation period shall be counted consecutively beginning with the day immediately following the date the surrender of rights is executed; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which such surrender may be revoked shall be the next day that is not a Saturday, Sunday, or legal holiday. After the four-day period, a surrender of rights cannot be revoked. Notwithstanding subsection (a) of Code Section
9-10-12
which authorizes the use of certified mail, the notice of revocation of a surrender of rights shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document. If delivered in person, it shall be delivered to the address shown in the surrender document not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. If mailed by registered mail or delivered by statutory overnight delivery, it shall be addressed to the address shown in the surrender document and submitted to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day.
(b)
If a legal mother has either voluntarily and in writing surrendered all of her parental rights pursuant to Code Section
19-8-4
,
19-8-5
,
19-8-6
, or
19-8-7
or pursuant to the corresponding provisions of the laws of another state, and has not revoked her surrender as allowed by applicable law, or has had her parental rights involuntarily terminated by a court of competent jurisdiction, she shall have no right or authority to sign a voluntary acknowledgment of paternity pursuant to Code Section
19-7-46.1
or consent to the granting of a petition for legitimation filed pursuant to Code Section
19-7-22
regarding the same child.
Amended by 2021 Ga. Laws 140,§ 4, eff. 7/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
Amended by 2016 Ga. Laws 404,§ 13, eff. 7/1/2016.
Amended by 2007 Ga. Laws 214,§ 7, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-15 - Objections to petition for adoption

(a)
As used in this Code section, the term "family member" shall have the same meaning as set forth in Code Section
19-7-3
.
(b)
If a legal mother and biological father, whether he was a legal father or not, of the child who is the subject of the proceeding are both deceased, regardless of whether either individual had surrendered his or her parental rights or had his or her rights terminated, it shall be the privilege of any individual related by blood to such child to file objections to the petition for adoption.
(c)
A family member with visitation rights to a child granted pursuant to Code Section
19-7-3
shall have the privilege to file objections to the petition for adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not such objections constitute a good reason for denying the petition for adoption and the court shall have the authority to grant or continue such visitation rights of the family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
Amended by 2017 Ga. Laws 275,§ 19, eff. 5/9/2017.
Amended by 2016 Ga. Laws 333,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-17 - Report and findings of investigating agent; dismissal of petition; appointment of guardian ad litem

(a)
The report and findings of the investigating agent appointed by the court pursuant to Code Section
19-8-16
shall include, among other things, the following:
(1)
Verification of allegations contained in the petition for adoption;
(2)
Circumstances under which the child came to be placed for adoption;
(3)
Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;
(4)
The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
(5)
Whether or not the adoption is in the best interests of the child, including his or her general care;
(6)
Suitability of the home to the child;
(7)
If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section
19-8-12
were complied with;
(8)
Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and
(9)
Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent.
(b)
If the report of the investigating agent disapproves of the adoption of the child, motion may be made by the investigating agent to the court to dismiss the petition for adoption and the court after hearing such motion shall be authorized to dismiss such petition. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Court of Appeals or Supreme Court, as in other cases, as provided by law.
(c)
If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-19 - Effect of decree of adoption

(a)
A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state:
(1)
Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption shall terminate all legal relationships between the adopted individual and his or her relatives, including his or her parent, so that the adopted individual thereafter shall be a stranger to his or her former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and
(2)
A decree of adoption shall create the relationship of parent and child between each petitioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under any instrument of testamentary gift, bequest, devise, or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a child of that petitioner under a class gift made by the will of a third person.
(b)
Notwithstanding subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order, the child's right of inheritance from or through the deceased parent shall not be affected by the adoption.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-20 - Forwarding of decree, report, and subsequent orders to department; issuance of adoption certificate; use as evidence

(a)
Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or revocation of the adoption, a copy of same in like manner shall be forwarded by the clerk to the department.
(b)
At any time after the entry of the decree of adoption, upon the request of an adopted individual who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted individual or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Section
15-6-77
, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate.
(c)
The adoption certificate shall conform substantially to the following form:
"This is to certify that __________________ (names of each adopting parent) have obtained a decree of adoption for __________________ (full name of adoptee and date of birth of adoptee) in the Superior Court of __________________ County, Georgia, on the __________________ day of __________________, as shown by the court's records __________________ (adoption file number).Given under the hand and seal of said court, this the __________________ day of __________________, __________________. __________________ Clerk "
Amended by 2020 Ga. Laws 521,§ 19, eff. 7/29/2020.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-21 - Adoption of adult individuals; applicability of Code Sections 19-8-19 and 19-8-20

(a)
Adult individuals may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his or her written consent to the adoption. The court may assign the petition for adoption for hearing at any time. The petition for adoption shall state whether one or both parents of the adult to be adopted will be replaced by the grant of such petition, and if only one parent is to be replaced, then the decree of adoption shall make clear which parent is to be replaced by adoption. After examining each petitioner and the adult to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child.
(b)
Code Sections
19-8-19
and
19-8-20
shall also apply to the adoption of adults.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-22 - Recognition and effect of order by court or administrative body within or outside United States

(a)
A decree of a court or an administrative proceeding terminating the relationship of parent and child, establishing the relationship of guardian and ward, or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court or administrative body of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child when the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country, shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections
19-8-4
,
19-8-5
,
19-8-6
,
19-8-7
,
19-8-8
, and
19-8-12
.
(b)
Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection had been effective at the time such proceeding was filed or concluded shall be governed by subsection (a) of this Code section.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-25 - Effect of prior consent or surrender of rights

(a)
A written consent or surrender of rights, executed on or before August 31, 2018, shall, for purposes of an adoption proceeding commenced on or after September 1, 2018, be deemed to satisfy the surrender requirements of this article and it shall not be necessary to have any parent or guardian execute the documents required by Code Section
19-8-4
,
19-8-5
,
19-8-6
, or
19-8-7
; however, all other applicable provisions of this article shall be complied with.
(b)
It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this article to adoption proceedings pending on August 31, 2018. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to September 1, 2018, shall be valid if the adoption conformed to the requirements of this article either as they existed on August 31, 2018, or on September 1, 2018, and each such adoption decree is hereby ratified and confirmed.
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 1 - GENERAL PROVISIONS (§§ 19-8-1 — 19-8-28) › Section 19-8-28 - Adoption of an orphan

When a child is an orphan, the petitioner shall not be required to have a guardian appointed for such child in order for a guardian to execute a surrender of rights. Such child shall be adoptable without a surrender of rights.
Added by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 2 - OPTION OF ADOPTION ACT (§§ 19-8-40 — 19-8-43) › Section 19-8-40 - Definitions

As used in this article, the term:
(1)
"Embryo" or "human embryo" means an individual fertilized ovum of the human species from the single-cell stage to eight-week development.
(2)
"Embryo relinquishment" or "legal transfer of rights to an embryo" means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent.
(3)
"Embryo transfer" means the medical procedure of physically placing an embryo into the uterus of a female.
(4)
"Legal embryo custodian" means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons.
(5)
"Recipient intended parent" means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
Added by 2009 Ga. Laws 171,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 2 - OPTION OF ADOPTION ACT (§§ 19-8-40 — 19-8-43) › Section 19-8-41 - Release of responsibility by legal embryo custodian; procedures; presumption of parentage

(a)
A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow.
(b)
If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required.
(c)
Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized.
(d)
A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.
Added by 2009 Ga. Laws 171,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 2 - OPTION OF ADOPTION ACT (§§ 19-8-40 — 19-8-43) › Section 19-8-42 - Petition for expedited order of adoption or parentage; notice; waiver of technical requirements

(a)
Prior to the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights.
(b)
All petitions under this article shall be filed in the county in which any petitioner or any respondent resides.
(c)
The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage.
(d)
In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper.
Added by 2009 Ga. Laws 171,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 8 - ADOPTION (§§ 19-8-1 — 19-8-43) › Article 2 - OPTION OF ADOPTION ACT (§§ 19-8-40 — 19-8-43) › Section 19-8-43 - Finality of orders of adoption or parentage

Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this article, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and shall vest such rights and responsibilities in the recipient intended parent.
Added by 2009 Ga. Laws 171,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-1.1 - Binding arbitration on issue of child custody and related matters

In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter's decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter's award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter's decision on issues not covered by the binding arbitration.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-1.2 - Required domestic relations case filing information form

Pursuant to Code Section
9-11-3
, and in addition to the filing requirements contained in Code Section
19-6-15
, in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as prescribed by the Judicial Council of Georgia.
Amended by 2017 Ga. Laws 240,§ 2-9, eff. 1/1/2018.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-2 - Right of surviving parent to custody of child; discretion of judge

Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the judge, upon petition:
(1)
May exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare; and
(2)
In the case of a surviving parent being criminally indicted for the offense of murder or voluntary manslaughter of the other parent, can proceed in the court's discretion.
Amended by 2023 Ga. Laws 245,§ 4, eff. 7/1/2023.
Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-4 - Investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes; cost

(a)
On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the judge may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the judge shall also have authority on his or her own motion to order such an investigation if in the judge's opinion the investigation would be useful in determining placement or custody of the child. The judge may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the judge directing the investigation. Any report made at the direction of the judge shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given.
(b)
This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections
49-5-40
through
49-5-44
.
Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-5 - Custody agreements; ratification; supplementation

(a)
In all proceedings under this article between parents, it shall be expressly permissible for the parents of a child to present to the judge an agreement respecting any and all issues concerning custody of the child. As used in this Code section, the term "custody" shall include, without limitation, joint custody as such term is defined in Code Section
19-9-6
. As used in this Code section, the term "custody" shall not include payment of child support.
(b)
The judge shall ratify the agreement and make such agreement a part of the judge's final judgment in the proceedings unless the judge makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of the child. The judge shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents' choice to use joint custody as a part of such agreement.
(c)
In his or her judgment, the judge may supplement the agreement on issues not covered by such agreement.
Amended by 2008 Ga. Laws 471,§ 19, eff. 5/12/2008.
Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.