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2018 Georgia Code 19-8-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-3 Case Law from Google Scholar Amendments to OCGA 19-8-3

TITLE 19 DOMESTIC RELATIONS

Section 8. Adoption, 19-8-1 through 19-8-43.

ARTICLE 1 GENERAL PROVISIONS (EFFECTIVE UNTIL SEPTEMBER 1, 2018)

19-8-3. (Effective until September 1, 2018) Who may adopt a child; when petition must be filed in names of both spouses.

  1. Any adult person may petition to adopt a child if the person:
    1. Is at least 25 years of age or is married and living with his spouse;
    2. Is at least ten years older than the child;
    3. Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and
    4. Is financially, physically, and mentally able to have permanent custody of the child.
  2. Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.
  3. If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone.

(Code 1981, §19-8-3, enacted by Ga. L. 1990, p. 1572, § 5.)

Delayed effective date.

- For information as to the delayed amendment of this article, see the delayed effective date note at the beginning of this article.

Cross references.

- Foster Parents Bill of Rights, T. 49, C. 5, Art. 14.

Cases Citing O.C.G.A. § 19-8-3

Total Results: 3  |  Sort by: Relevance  |  Newest First

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In Re Baby Girl Eason, 358 S.E.2d 459 (Ga. 1987).

Cited 83 times | Published | Supreme Court of Georgia | Jul 23, 1987 | 257 Ga. 292

...Remanded with instructions to proceed consistent herewith. All the Justices concur. NOTES [1] We are mindful of differing views as to whether a substantive due process right exists to afford a veto power or fitness test. But Georgia affords unwed mothers these rights (OCGA § 19-8-3) and due to the interplay between due process and equal protection outlined herein we need not decide the issue because that interplay affords constitutional protection for this father in light of the Georgia law protecting unwed mothers....
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Thorne v. Padgett, 386 S.E.2d 155 (Ga. 1989).

Cited 34 times | Published | Supreme Court of Georgia | Dec 5, 1989 | 259 Ga. 650

...The trial court further concluded that the adoption was in the best interests of the child. It is not disputed that Thorne is without any financial resources. OCGA § 19-8-6 (b) provides in pertinent part, Surrender or termination of parental rights, as provided in Code Section 19-8-3, shall not be required as a prerequisite to the filing of a petition for adoption....
...approved the adoption. 5. What happens now? Upon the publication of this opinion, it appears that stepparents and relatives seeking to adopt children with a living parent who has failed to provide support may no longer do so. 6. This is because OCGA § 19-8-3 (a) provides the exclusive means of adopting a child with a living parent or guardian — except as otherwise specified in OCGA § 19-8-6....
...a child cannot be found after a diligent search has been made, or (3) the parent is insane or otherwise incapacitated from surrendering such rights, where the court is of the opinion that the adoption is for the best interests of the child. (b) OCGA § 19-8-3 (a) (1), (3), (4) and (5) permit adoptions when the parent or guardian has surrendered rights voluntarily. (c) OCGA § 19-8-3 (a) (2) permits adoptions when [t]he parent(s) or guardian(s) of the child has had his rights terminated by order of the court of competent jurisdiction the child has been committed by the court to the Department of Human Resources or to a licensed child-placing *654 agency for placement for adoption, and the department or agency thereafter consents to the adoption. (d) OCGA § 19-8-3 (a) (6) permits adoptions when "The child has been placed for adoption by a juvenile court or other court of competent jurisdiction, which court has terminated the parental rights of the parents." 7....
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H. C. S. v. Grebel, 321 S.E.2d 321 (Ga. 1984).

Cited 12 times | Published | Supreme Court of Georgia | Oct 11, 1984 | 253 Ga. 404

...te adoption proceedings under the Interstate Compact on the Placement of Children, as well as adoption proceedings commenced after the child has been placed for adoption with the Department of Human Resources or a licensed child-placing agency. OCGA § 19-8-3....