Section 19-8-17. Report and recommendation of investigating agency; dismissal of petition; appointment of guardian ad litem

   (a) The report and findings of the investigating agency shall include, among other things, the following:

   (1) Verification of allegations contained in the petition;

   (2) Circumstances under which the child came to be placed for adoption;

   (3) Whether each proposed 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 general care;

   (6) Suitability of the home to the child;

   (7) If applicable, whether the identity and location of the biological father who is not the legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with; and

   (8) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in deciding the case.

(b) If the report of the investigating agency or independent agent disapproves of the adoption of the child, motion may be made by the investigating agency or independent agent to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia 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.

Code 1981, § 19-8-17, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1992, p. 2505, § 2.