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2018 Georgia Code 15-11-261 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-261 Case Law from Google Scholar Amendments to OCGA 15-11-261

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 4 TERMINATION OF PARENTAL RIGHTS

15-11-261. Scope, effect, and duration of order terminating parental rights.

  1. An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:
    1. The right of such child to receive child support from his or her parent until a final order of adoption is entered;
    2. The right of such child to inherit from and through his or her parent. The right of inheritance of such child shall be terminated only by a final order of adoption; and
    3. The right of such child to pursue any civil action against his or her parent.
  2. When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of his or her child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings.
  3. The relationship between a child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption.
  4. A relative whose relationship to a child is derived through the parent whose parental rights are terminated shall be considered to be a relative of such child for purposes of placement of, and permanency plan for, such child until such relationship is terminated by final order of adoption.

(Code 1981, §15-11-261, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1971, pp. 709, 748, former Code 1933, § 24A-3203, and pre-2000 Code Section 15-11-80, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Application of changed statutory provisions on appeal.

- There are no vested rights that would be impaired by applying on appeal the new law of termination of parental rights to a case, even though the old law was in effect at the time of the trial; and, moreover, the retrial of the case under the provisions concerning termination of parental rights might have a salutary effect. In re L.L.B., 256 Ga. 768, 353 S.E.2d 507 (1987) (decided under former O.C.G.A. § 15-11-80).

Petition need not state effect of order.

- Parent was presumed to be cognizant of former statutory provisions, which establishes the legal effect of the order. The petition need not clearly state the effect of an order for termination of parental rights. Moss v. Moss, 135 Ga. App. 401, 218 S.E.2d 93 (1975) (decided under former Ga. L. 1971, pp. 709, 748).

Former statute was clear statement that right of inheritance in case of intestacy ceased both as to the parent from the child and as to the child from the parent. Spence v. Levi, 133 Ga. App. 581, 211 S.E.2d 622 (1974) (decided under former Code 1933, § 24A-3203).

Conclusive presumption of dependency created by O.C.G.A. § 34-9-13 is not defeated by the termination of parental rights. Menard v. Fairchild, 254 Ga. 275, 328 S.E.2d 721 (1985) (decided under former § 15-11-53).

Support considered obligation.

- Child support is an obligation under former O.C.G.A. § 15-11-80 (see now O.C.G.A. § 15-11-261) such that a parent whose rights have been terminated was not subject to a subsequent judicial proceeding under O.C.G.A. § 19-11-1 to provide reimbursal payments of government dispensed child assistance benefits. Department of Human Resources v. Ammons, 206 Ga. App. 805, 426 S.E.2d 901 (1992) (decided under former O.C.G.A. § 15-11-80).

No results found for Georgia Code 15-11-261.