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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: 20

JAY DANIEL POE v. RANDY DWAYNE CANTRELL, JR.

Court: Ga. Ct. App. | Date Filed: 2021-10-08T00:53:00-07:00

Snippet: father. The trial court reasoned that under OCGA § 19-8-1 (11) (C), Cantrell had achieved that status because…Poes have no standing to assert otherwise. OCGA § 19-8-1 (11) defines a “legal father” as a male …previously disproved by a final court order. See OCGA § 19-8-1 (11) (C). Under these circumstances, the trial

Oni v. Oni.

Court: Ga. Ct. App. | Date Filed: 2019-06-26T00:00:00-07:00

Citation: 830 S.E.2d 775

Snippet: (1994). 12 Accord OCGA § 19-8-1 (11) (A) (defining "legal father" as

Steele v. Steele.

Court: Ga. Ct. App. | Date Filed: 2018-06-11T00:00:00-07:00

Citation: 816 S.E.2d 327, 346 Ga. App. 196

Snippet: termination of his or her parental rights. See OCGA § 19-8-1 et seq. (Citations omitted.) Johnson… June or July 2012. 2 See OCGA § 19-8-1 et seq. 3 See, however, note 1,

Johnson v. Hauck.

Court: Ga. Ct. App. | Date Filed: 2018-03-01T00:00:00-08:00

Citation: 812 S.E.2d 303

Snippet: termination of his or her parental rights. See OCGA § 19-8-1 et seq. But see Dell v. Dell ,

PARKER v. STONE Et Al.

Court: Ga. Ct. App. | Date Filed: 2015-07-23T00:00:00-07:00

Citation: 333 Ga. App. 638, 773 S.E.2d 793

Snippet: that he is the father of the child. See OCGA § 19-8-1 (1) (“ ‘Biological father’ means the male who impregnated

Evans v. Sangster

Court: Ga. Ct. App. | Date Filed: 2015-01-15T00:00:00-08:00

Citation: 330 Ga. App. 533, 768 S.E.2d 278

Snippet: an adoption decree declaring him as such. OCGA § 19-8-1 (6) (A). Pursuant to Georgia adoption law, a “ …father or the legal mother of the child.” OCGA § 19-8-1 (8). See Kunz v. Bailey, 290 Ga. at 362 (“[B

Aflac, Inc. v. SDT Air, LLC

Court: M.D. Ga. | Date Filed: 2013-10-17T00:00:00-07:00

Citation: 978 F. Supp. 2d 1304

Snippet: to M. Hubbell et al. (Mar. 4, 2013), ECF No. 19-8 at 1. Scheller was also on the call, which lasted approximately

Dell v. Dell

Court: Ga. Ct. App. | Date Filed: 2013-09-25T00:00:00-07:00

Citation: 324 Ga. App. 297, 748 S.E.2d 703

Snippet: provisions and requirements set forth in OCGA § 19-8-1 et seq. This case involves a stepmother’s petition…legal father and legal mother, as defined by OCGA § 19-8-1, are both still living and are no longer married

Allifi v. Raider

Court: Ga. Ct. App. | Date Filed: 2013-07-16T00:00:00-07:00

Citation: 323 Ga. App. 510, 746 S.E.2d 763

Snippet: father, is not a parent within the meaning of OCGA § 19-8-1 (8).4 See In re C. N. W., 274 Ga. 765, 767 (1) …Allifi signed following T. R.’s birth. See OCGA §§ 19-8-1 (6); 19-7-21.1 (a) (2) (F).5 *515 Judgment reversed…judgment under OCGA § 9-11-60 (d) (2)). OCGA § 19-8-1 (8) provides that “[p]arent means either the legal…father or the legal mother of the child.” OCGA § 19-8-1 (6) defines a child’s “legal father” as a “male

Bailey v. Kunz

Court: Ga. Ct. App. | Date Filed: 2011-02-03T00:00:00-08:00

Citation: 706 S.E.2d 98, 307 Ga. App. 710

Snippet: 594(2), 690 S.E.2d 401 (2010). [7] See OCGA § 19-8-1(6), (8). [8] OCGA § 19-8-19(a)(2). [9] (Emphasis

Baker v. Lankford

Court: Ga. Ct. App. | Date Filed: 2010-10-05T00:00:00-07:00

Citation: 702 S.E.2d 666, 306 Ga. App. 327

Snippet: 755, 757(1), 660 S.E.2d 770 (2008). [4] OCGA § 19-8-1(6)(B); Baker v. Baker, 276 Ga. 778, 779(1), 582

Parker v. Stone

Court: Ga. Ct. App. | Date Filed: 2010-09-14T00:00:00-07:00

Citation: 702 S.E.2d 636, 306 Ga. App. 636

Snippet: living." This finding is incorrect. OCGA § 19-8-1(7) defines a "legal mother" as "…821-822(1), 495 S.E.2d 43 (1997). [2] See OCGA § 19-8-1(6). A10A1306 Court of Appeals of Georgia

SASTRE v. McDaniel

Court: Ga. Ct. App. | Date Filed: 2008-09-23T00:00:00-07:00

Citation: 667 S.E.2d 896, 293 Ga. App. 671

Snippet: correctly assert that the adoption statute, OCGA § 19-8-1 et seq., fails to define the words "bona fide

Chestnut v. State

Court: Ga. Ct. App. | Date Filed: 2007-10-01T00:00:00-07:00

Citation: 652 S.E.2d 596, 287 Ga. App. 693

Snippet: 778, 779(1), 582 S.E.2d 102 (2003) (citing OCGA § 19-8-1(6)); see also OCGA § 15-11-2 (10.1) (B). [4] Jackson

In re Adoption of D. J. F. M.

Court: Ga. Ct. App. | Date Filed: 2007-03-22T00:00:00-07:00

Citation: 284 Ga. App. 420, 643 S.E.2d 879

Snippet: longer the “legal parents” of the child. OCGA§ 19-8-1 (6), (7).3 And in such a case, this Court has held

Gillespie v. State

Court: Ga. Ct. App. | Date Filed: 2006-07-03T00:00:00-07:00

Citation: 633 S.E.2d 632, 280 Ga. App. 243, 2006 Fulton County D. Rep. 2242, 2006 Ga. App. LEXIS 804

Snippet: defines a “mother” as a “female parent.” Also, OCGA § 19-8-1 (8) defines “parent” as “either the legal father

Dial v. Dial

Court: Ga. | Date Filed: 2005-10-24T00:00:00-07:00

Citation: 279 Ga. 767, 621 S.E.2d 461

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

Rokowski v. Gilbert

Court: Ga. Ct. App. | Date Filed: 2005-08-31T00:00:00-07:00

Citation: 620 S.E.2d 509, 275 Ga. App. 305

Snippet: [32] OCGA § 9-11-12(g), (h). [33] See OCGA § 19-8-1(6)(B). [34] See, e.g., In the Interest of D.R.… S.E.2d 407 (1984) (decided under former OCGA § 19-8-1). [38] A seventh affidavit was filed after the

Baker v. Baker

Court: Ga. | Date Filed: 2003-06-02T00:00:00-07:00

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 the Interest of C. M. L.

Court: Ga. Ct. App. | Date Filed: 2003-03-21T00:00:00-08:00

Citation: 260 Ga. App. 502, 580 S.E.2d 276

Snippet: filed a petition to adopt him pursuant to OCGA § 19-8-1 et seq. C. J. C.’s mother consented to the adoption