| Article 1. GENERAL PROVISIONS |
| Article 2. OPTION OF ADOPTION |
REFS & ANNOS
TITLE 19 Chapter 8 NOTE
CROSS REFERENCES. --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.
EDITOR'S NOTES. --Ga. L. 1990, p. 1572, § 5, effective July 1, 1990, repealed the Code sections formerly codified at this chapter and enacted the current chapter. The former chapter consisted of §§ 19-8-1 through 19-8-19 and was based on Ga. L. 1855-56, p. 260, § 3; Ga. L. 1859, p. 36, § 2; Ga. L. 1882-83, p. 59, § 1; Ga. L. 1889, p. 69, § 1; Ga. L. 1927, p. 142, § 1; Ga. L. 1941, p. 300, §§ 1-11, 14-17; Ga. L. 1950, p. 289, § 1; Ga. L. 1951, p. 679, § 1; Ga. L. 1956, p. 695, § 1; Ga. L. 1957, p. 339, § 1; Ga. L. 1957, p. 367, § 1; Ga. L. 1960, p. 791, § 1; Ga. L. 1961, p. 219, § 1; Ga. L. 1966, p. 212, §§ 1, 3; Ga. L. 1967, p. 107, § 1; Ga. L. 1967, p. 778, § 1; Ga. L. 1967, p. 803, § 1; Ga. L. 1969, p. 927, § 1; Ga. L. 1970, p. 497, § 10; Ga. L. 1971, p. 403, § 1; Ga. L. 1971, p. 699, § 2; Ga. L. 1972, p. 664, § 2; Ga. L. 1975, p. 797, § 1; Ga. L. 1977, p. 201, § 1; Ga. L. 1979, p. 1182, §§ 1-14; Ga. L. 1982, p. 3, § 19; Ga. L. 1983, p. 3, § 15; Ga. L. 1984, p. 22, § 19; Ga. L. 1984, p. 1433, § 1; Ga. L. 1986, p. 687, § 1; Ga. L. 1986, p. 1516, §§ 2, 3; Ga. L. 1987, p. 992, § 1; Ga. L. 1988, p. 864, § 2; and Ga. L. 1988, p. 1720, § 10.
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, Chapter 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 Chapter 8 of Title 19 are included in the annotations for this chapter.
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 chapter 8 of title 19).
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 chapter 8 of title 19).
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 chapter 8 of title 19).
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 Chapter 8 of Title 19 are included in the annotations for this chapter.
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 chapter 8 of title 19).
RESEARCH REFERENCES
ALR. --Modern status of law as to equitable adoption or adoption by estoppel, 97 ALR3d 347.
Natural parent's parental rights as affected by consent to child's adoption by other natural parent, 37 ALR4th 724.
Required parties in adoption proceedings, 48 ALR4th 860.
Action for wrongful adoption based on misrepresentation of child's mental or physical condition or parentage, 56 ALR4th 375.
Postadoption visitation by natural parent, 78 ALR4th 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 ALR5th 860.
Attorney malpractice in connection with services related to adoption of child, 18 ALR5th 892.
Adoption of child by same-sex partners, 27 ALR5th 54.
EDITOR'S NOTES. --Ga. L. 1990, p. 1572, § 5, effective July 1, 1990, repealed the Code sections formerly codified at this chapter and enacted the current chapter. The former chapter consisted of §§ 19-8-1 through 19-8-19 and was based on Ga. L. 1855-56, p. 260, § 3; Ga. L. 1859, p. 36, § 2; Ga. L. 1882-83, p. 59, § 1; Ga. L. 1889, p. 69, § 1; Ga. L. 1927, p. 142, § 1; Ga. L. 1941, p. 300, §§ 1-11, 14-17; Ga. L. 1950, p. 289, § 1; Ga. L. 1951, p. 679, § 1; Ga. L. 1956, p. 695, § 1; Ga. L. 1957, p. 339, § 1; Ga. L. 1957, p. 367, § 1; Ga. L. 1960, p. 791, § 1; Ga. L. 1961, p. 219, § 1; Ga. L. 1966, p. 212, §§ 1, 3; Ga. L. 1967, p. 107, § 1; Ga. L. 1967, p. 778, § 1; Ga. L. 1967, p. 803, § 1; Ga. L. 1969, p. 927, § 1; Ga. L. 1970, p. 497, § 10; Ga. L. 1971, p. 403, § 1; Ga. L. 1971, p. 699, § 2; Ga. L. 1972, p. 664, § 2; Ga. L. 1975, p. 797, § 1; Ga. L. 1977, p. 201, § 1; Ga. L. 1979, p. 1182, §§ 1-14; Ga. L. 1982, p. 3, § 19; Ga. L. 1983, p. 3, § 15; Ga. L. 1984, p. 22, § 19; Ga. L. 1984, p. 1433, § 1; Ga. L. 1986, p. 687, § 1; Ga. L. 1986, p. 1516, §§ 2, 3; Ga. L. 1987, p. 992, § 1; Ga. L. 1988, p. 864, § 2; and Ga. L. 1988, p. 1720, § 10.
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, Chapter 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 Chapter 8 of Title 19 are included in the annotations for this chapter.
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 chapter 8 of title 19).
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 chapter 8 of title 19).
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 chapter 8 of title 19).
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 Chapter 8 of Title 19 are included in the annotations for this chapter.
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 chapter 8 of title 19).
RESEARCH REFERENCES
ALR. --Modern status of law as to equitable adoption or adoption by estoppel, 97 ALR3d 347.
Natural parent's parental rights as affected by consent to child's adoption by other natural parent, 37 ALR4th 724.
Required parties in adoption proceedings, 48 ALR4th 860.
Action for wrongful adoption based on misrepresentation of child's mental or physical condition or parentage, 56 ALR4th 375.
Postadoption visitation by natural parent, 78 ALR4th 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 ALR5th 860.
Attorney malpractice in connection with services related to adoption of child, 18 ALR5th 892.
Adoption of child by same-sex partners, 27 ALR5th 54.