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2018 Georgia Code 19-8-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-1 Case Law from Google Scholar Amendments to OCGA 19-8-1

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-1. (Effective until September 1, 2018) Definitions.

For purposes of this article, the term:

  1. "Biological father" means the male who impregnated the biological mother resulting in the birth of the child.
  2. "Child" means a person who is under 18 years of age and who is sought to be adopted.
  3. "Child-placing agency" means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49.
  4. "Department" means the Department of Human Services.

    (4.1) "Evaluator" means the person or agency that conducts a home study. An evaluator shall be a licensed child-placing agency, the department, or a licensed professional with at least two years of adoption related professional experience, including a licensed clinical social worker, licensed master social worker, licensed marriage and family therapist, or licensed professional counselor; provided, however, that where none of the foregoing evaluators are available, the court may appoint a guardian ad litem or court appointed special advocate to conduct the home study.

  5. "Guardian" means a legal guardian of the person of a child.

    (5.1) "Home study" means an evaluation by an evaluator of the petitioner's home environment for the purpose of determining the suitability of the environment as a prospective adoptive home for a child. Such evaluation shall consider the petitioner's physical health, emotional maturity, financial circumstances, family, and social background and shall conform to the rules and regulations established by the department for child-placing agencies for adoption home studies.

    (5.2) "Home study report " means the written report generated as a result of the home study.

  6. "Legal father" means a male who has not surrendered or had terminated his rights to a child and who:
    1. Has legally adopted such child;
    2. Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;
    3. Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; or
    4. Has legitimated such child by a final order pursuant to Code Section 19-7-22.
  7. "Legal mother" means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.
  8. "Parent" means either the legal father or the legal mother of the child.
  9. "Petitioner" means a person who petitions to adopt or terminate rights to a child pursuant to this chapter.
  10. "Putative father registry" means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

(Code 1981, §19-8-1, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1997, p. 1686, § 4; Ga. L. 2008, p. 667, § 7/SB 88; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2011, p. 573, § 1/SB 172; Ga. L. 2016, p. 304, § 9/SB 649.)

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.

The 2016 amendment, effective July 1, 2016, rewrote paragraph (6).

Editor's notes.

- Ga. L. 2008, p. 667, § 1/SB 88, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Care of a Grandchild Act.'"

Ga. L. 2008, p. 667, § 2/SB 88, not codified by the General Assembly, provides: "The General Assembly finds that:

"(1) An increasing number of relatives in Georgia, including grandparents and great-grandparents, are providing care to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions to provide such care and support;

"(2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and

"(3) Providing a statutory mechanism for granting such authority enhances family preservation and stability."

Ga. L. 2011, p. 573, § 8/SB 172, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all placements of children for adoption and all petitions for adoption filed on or after July 1, 2011.

Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

Cases Citing Georgia Code 19-8-1 From Courtlistener.com

Total Results: 6

Dial v. Dial

Court: Supreme Court of Georgia | Date Filed: 2005-10-24

Citation: 279 Ga. 767, 621 S.E.2d 461, 2005 Fulton County D. Rep. 3194, 2005 Ga. LEXIS 718

Snippet: neither *768attempted to adopt him. See OCGA § 19-8-1 et seq. The parties agree that Mr. Dial is not

Baker v. Baker

Court: Supreme Court of Georgia | Date Filed: 2003-06-02

Citation: 582 S.E.2d 102, 276 Ga. 778, 2003 Fulton County D. Rep. 1683, 2003 Ga. LEXIS 541

Snippet: who dissent. OCGA § 19-7-20 (a). OCGA § 19-8-1 (6). Mitchell v. Ward, 231 Ga. 671, 672 (203

In re C. N. W.

Court: Supreme Court of Georgia | Date Filed: 2002-02-11

Citation: 274 Ga. 765, 560 S.E.2d 1, 2002 Fulton County D. Rep. 417, 2002 Ga. LEXIS 70

Snippet: the meaning of OCGA § 19-8-1 (6)2 is a “parent” for the purpose of OCGA § 19-8-1 (8).3 The second is if

In Re CNW

Court: Supreme Court of Georgia | Date Filed: 2002-02-11

Citation: 560 S.E.2d 1, 274 Ga. 765

Snippet: the meaning of OCGA § 19-8-1(6)[2] is a "parent" for the purpose of OCGA § 19-8-1(8).[3] The second is

Davis v. LaBrec

Court: Supreme Court of Georgia | Date Filed: 2001-06-25

Citation: 549 S.E.2d 76, 274 Ga. 5, 2001 Fulton County D. Rep. 1988, 2001 Ga. LEXIS 528

Snippet: 231 Ga. 671, 672, 203 S.E.2d 484 (1974); OCGA § 19-8-1(6)(E). Thus, Davis's petition sought to delegitimize

Stills v. Johnson

Court: Supreme Court of Georgia | Date Filed: 2000-07-10

Citation: 533 S.E.2d 695, 272 Ga. 645, 2000 Fulton County D. Rep. 3553, 2000 Ga. LEXIS 542

Snippet: “parent” of the child within the meaning of OCGA §§ 19-8-1 or 19-11-3 (7). She is not a “legal custodian”