O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-8-1 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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For purposes of this article, the term: (1) “Alaskan native” means a member of the Alaska Native Regional Corporations formed under the Alaska Native Claims Settlement Act of 1971 (ANCSA). (2) “Biological father” means a male who impregnated the biological mother resulting in the birth of the child. (3) “Biological parent” means a biological mother or biological father. (4) “Child” means an individual who is under 18 years of age and who is sought to be adopted. (5) “Child-placing agency” means an agency licensed as a childplacing agency pursuant to Chapter 5 of Title 49. (6) “Department” means the Department of Human Services. (7) “Evaluator” means a person or agency that conducts a home study. An evaluator shall be a 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 when none of the foregoing evaluators are available, the court may appoint a guardian ad litem or court appointed special advocate to conduct a home study. (8) “’Guardian” means an individual appointed as a: (A) Guardian or temporary guardian of a child as provided in Title 29; (B) Guardian of a child pursuant to Code Section 15-11-13; or

(C) Permanent guardian of a child as provided in Part 13 of Article 3 of Chapter 11 of Title 15. (9) “Home study” means an evaluation by an evaluator of a petitioner’s home environment for the purpose of determining the suitability of such environment as a prospective adoptive home for a child. Such evaluation shall consider a 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. (10) “Home study report” means the written report generated as a result of the home study. (11) “Legal father” means a male who has not surrendered or had terminated his rights to a child and who: (A) Has legally adopted such child; (B) 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 of a court of competent jurisdiction; (C) Married a 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 of a court of competent jurisdiction; or (D) Has legitimated such child by a final order pursuant to Code Section 19-7-22. (12) “Legal mother” means a female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (13) “Native American heritage” means any individual who is: (A) A member of a federally recognized American Indian tribe; or (B) An Alaskan native. (14) “Out-of-state licensed agency” means an agency or entity that is licensed in another state or country to place children for adoption. (15) “Parent” means a legal father or a legal mother of the child. (16) “Petitioner” means an individual who petitions to adopt or terminate rights to a child pursuant to this article. (17) “Putative father registry” means the registry established and maintained pursuant to subsections (d) and (e) of Code Section

History

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 64; Ga. L. 2018, p. 19, § 1-1/HB 159.

Annotations

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 ex-

pected 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. 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.” Law reviews. For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).

JUDICIAL DECISIONS Bona fide resident. - Phrase bona fide resident, as used in O.C.G.A. § 19-83(a)(3), requires a showing of status as a state of Georgia domiciliary for at least six months immediately before the filing of the petition for adoption with domicile referring to a single fixed place of abode with the intention of remaining there indefinitely, or the single fixed place of abode where a person intends to return, even though the person may in fact be residing elsewhere. Sastre v. McDaniel, 293 Ga. App. 671, 667 S.E.2d 896, 2008 Ga. App. LEXIS 1035 (2008). “Guardian.” - Grandmother who was temporary legal custodian of child under juvenile court deprivation order was not a legal guardian for purposes of surrendering rights in adoption proceedings. Edgar v. Shave, 205 Ga. App. 337, 422 S.E.2d 234, 1992 Ga. App. LEXIS 1137 (1992). “Legal father.” - Maternal great aunt and uncle had standing to file objections to an adoption petition of aunt and uncle who had obtained a written surrender of rights from the child’s putative biological father; the latter was not the “legal father” as defined by O.C.G.A. § 19-8-1. Echols v. Cochran, 214 Ga. App. 348, 447 S.E.2d 700, 1994 Ga. App. LEXIS 868 (1994).

Plaintiff was the legal father of a child under O.C.G.A. § 19-8-1 because the plaintiff was married to the mother at the time of the child’s birth, before the marriage was declared void. Hall v. Coleman, 242 Ga. App. 576, 530 S.E.2d 485, 2000 Ga. App. LEXIS 266 (2000), cert. denied, No. S00C1140, 2000 Ga. LEXIS 711 (Ga. Sept. 29, 2000). Mother failed to rebut the presumption of legitimacy raised by a child’s birth during the marriage pursuant to O.C.G.A. §§ 19-7-20 and 19-8-1(6) (now (11)) since the mother and husband knew that another man was the biological father of the child, the husband was listed with the mother’s consent on the child’s birth certificate as the child’s father and had always provided financial and emotional support for the child, and since, if the husband had attempted to rebut the presumption of legitimacy the husband would have still been required to make child support payments. Baker v. Baker, 276 Ga. 778, 582 S.E.2d 102, 2003 Ga. LEXIS 541 (2003). Adoptive parents. - Limiting language of O.C.G.A. § 19-7-3(b), forbidding original actions for grandparent visitation if the parents are together and living with

the child, includes adoptive parents because in the absence of language limiting the term “parent” to only “natural parents” or “biological parents,” there is no legislative intent to withhold from adoptive parents the same constitutionally protected status enjoyed by biological parents to raise their children without state interference; in construing § 19-7-3(b), the definition of parent in the adoption statute, O.C.G.A. § 19-8-1(6) and (8) (now (11) and (15)), which gives full legal status to adoptive parents, cannot be ignored, and the clear intent of the adoption statute is to give adoptive parents full legal rights. Bailey v. Kunz, 307 Ga. App. 710, 706 S.E.2d 98, 2011 Ga. App. LEXIS 54 (2011), aff’d, 290 Ga. 361, 720 S.E.2d 634, 2012 Ga. LEXIS 26 (2012).

Marriage to mother and recognition of child post birth. - Defendant became the legal father of the child by operation of law when the defendant married the mother after the child was born and recognized the child as the defendant’s own. Poe v. Cantrell, 361 Ga. App. 607, 863 S.E.2d 405, 2021 Ga. App. LEXIS 525 (2021). Grandmother was not a “parent” of the child within the meaning of O.C.G.A. § 19-8-1 or O.C.G.A. § 19-11-3(7). Stills v. Johnson, 272 Ga. 645, 533 S.E.2d 695, 2000 Ga. LEXIS 542 (2000), cert. denied, 531 U.S. 1087, 121 S. Ct. 804, 148 L. Ed. 2d 691, 2001 U.S. LEXIS 370 (2001).

RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. 1B Am. Jur. Pleading and Practice Forms, Adoption, § 3. ALR. “Wrongful adoption” causes of action

against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.

Notes of Decisions
Cited in 38 cases (1 in the last 5 years), 1984–2021 · leading case: Stills v. Johnson, 533 S.E.2d 695 (Ga. 2000).
Sort: Relevance Newest Treatment
Stills v. Johnson, 533 S.E.2d 695 (Ga. 2000). · cites it 8× “As we have previously noted, the grandmother is not a "parent" of the child within the meaning of OCGA §§ 19-8-1 or 19-11-3(7). She is not a "legal custodian" of the child pursuant to OCGA §§ 19-9-22(2) or 15-11-43.”
In re C. N. W., 560 S.E.2d 1 (Ga. 2002). · cites it 26× “1 The first is whether a “biological father who is not the legal father” of a child within the meaning of OCGA § 19-8-1 (6) 2 is a “parent” for the purpose of OCGA § 19-8-1 (8).”
Baker v. Baker, 582 S.E.2d 102 (Ga. 2003). · cites it 4× “Accordingly, this matter is reversed and remanded for application of the “best interest of the child” standard to Tina’s challenge to Matt’s status as legal father and for further proceedings consistent with this opinion.”
Smith v. Soligon, 561 S.E.2d 850 (Ga. Ct. App. 2002). · cites it 4× “S01C0381), to address the question of whether a biological father who is not the “legal father” of a child within the meaning of OCGA § 19-8-1 (6) is a “parent” within the meaning of OCGA § 19-8-1 (8).”
Rokowski v. Gilbert, 620 S.E.2d 509 (Ga. Ct. App. 2005). · cites it 4× “33 See OCGA§ 19-8-1 (6) (B). 34 See, e.g., In the Interest of D.”
Dell v. Dell, 748 S.E.2d 703 (Ga. Ct. App. 2013). · cites it 4× “Adoptions in Georgia are governed by the statutory definitions, provisions and requirements set forth in OCGA § 19-8-1 et seq. This case involves a stepmother’s petition to adopt a child whose legal father and legal mother, as defined by OCGA § 19-8-1, are both still living and…”
Allifi v. Raider, 746 S.E.2d 763 (Ga. Ct. App. 2013). · cites it 8× “Here, Green’s contention in his adoption petition that it was not necessary to terminate Raider’s parental rights raised the threshold question of whether Raider is considered to be a “parent” for purposes of the adoption statutes.”
Davis v. LaBrec, 549 S.E.2d 76 (Ga. 2001). · cites it 2× “Eason is further distinguishable in that the parent/child relationship between LaBrec and the child has developed since the child was born and has done so independent of any State action.”
Steele v. Steele., 816 S.E.2d 327 (Ga. Ct. App. 2018). · cites it 4× “See OCGA § 15-11-262 (a) ("A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article.")... [H]owever, that same statutory protection was not extended to an indigent parent in adoption…”
Hall v. Coleman, 530 S.E.2d 485 (Ga. Ct. App. 2000). · cites it 14× “Nevertheless, the court found that under OCGA § 19-8-1, Hall was not the “legal father” of the child because his marriage was bigamous and void.”
LaBrec v. Davis, 534 S.E.2d 84 (Ga. Ct. App. 2000). · cites it 4× “See OCGA § 19-8-1 (6) (E). Upon legitimation, a father stands in the same position as any other parent as to custody of his child.”
Ray v. Hann, 746 S.E.2d 600 (Ga. Ct. App. 2013). · cites it 2× “See also OCGA § 19-8-1 (6) (“Legal father” includes males who have “legitimated the child by a final order pursuant to Code Section 19-7-22” or males who have ‘legitimated the child pursuant to Code Section 19-7-21.1.”); see also OCGA § 19-7-21.”
Show all 38 citing cases →
— 19-8-1(1) — 1 case
In Re Cnw, 560 S.E.2d 1 (Ga. 2002).
— 19-8-1(6) — 2 cases
Baker v. Baker, 582 S.E.2d 102 (Ga. 2003). “Accordingly, this matter is reversed and remanded for application of the “best interest of the child” standard to Tina’s challenge to Matt’s status as legal father and for further proceedings consistent with this opinion.”
In Re Cnw, 560 S.E.2d 1 (Ga. 2002).
— 19-8-1(6)(E) — 1 case
LaBrec v. Davis, 534 S.E.2d 84 (Ga. Ct. App. 2000). “See OCGA § 19-8-1 (6) (E). Upon legitimation, a father stands in the same position as any other parent as to custody of his child.”
— 19-8-1(8) — 3 cases
Stills v. Johnson, 533 S.E.2d 695 (Ga. 2000). “As we have previously noted, the grandmother is not a "parent" of the child within the meaning of OCGA §§ 19-8-1 or 19-11-3(7). She is not a "legal custodian" of the child pursuant to OCGA §§ 19-9-22(2) or 15-11-43.”
Gillespie v. State, 633 S.E.2d 632 (Ga. Ct. App. 2006).
In Re Cnw, 560 S.E.2d 1 (Ga. 2002).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.