TITLE 19 DOMESTIC RELATIONS

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

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

19-8-13. (Effective until September 1, 2018) Petition; filing and contents; financial disclosures; attorney's affidavit.

1. The petition for adoption, duly verified, together with one conformed copy thereof, must be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines:
   1. The petition shall set forth:
      1. The name, age, marital status, and place of residence of each petitioner;
      2. The name by which the child is to be known should the adoption ultimately be completed;
      3. The date of birth and the sex of the child;
      4. The date and circumstances of the placement of the child with each petitioner;
      5. Whether the child is possessed of any property and, if so, a full and complete description thereof;
      6. Whether the child has one or both parents or his biological father who is not the legal father living; and
      7. Whether the child has a guardian.
   2. Where the adoption is pursuant to subsection (a) of Code Section 19-8-4 the following shall be provided or attached or its absence explained when the petition is filed:
      1. An affidavit from the department or a child-placing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with;
      2. The written consent of the department or agency to the adoption;
      3. A copy of the appropriate form verifying the allegation of compliance with the requirements of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
      4. A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
   3. Where the adoption is pursuant to subsection (a) of Code Section 19-8-5, the following shall be provided or attached or its absence explained when the petition is filed:
      1. The written voluntary surrender of each parent or guardian specified in subsection (e) of Code Section 19-8-5;
      2. The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-5;
      3. The affidavits specified in subsections (g) and (h) of Code Section 19-8-5;
      4. Allegations of compliance with Code Section 19-8-12;
      5. Allegations of compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children;
      6. The accounting required by subsection (c) of this Code section;
      7. Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship or custody of the child, the marriage of each petitioner, the divorce or death of each parent of the child, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children;
      8. A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department;
      9. A copy of the home study report.
   4. Where the adoption is pursuant to subsection (a) of Code Section 19-8-6, the following shall be provided or attached or its absence explained when the petition is filed:
      1. The written voluntary surrender of the parent or guardian specified in subsection (e) of Code Section 19-8-6;
      2. The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-6;
      3. The affidavits specified in subsections (g) and (h) of Code Section 19-8-6;
      4. The consent specified in subsection (j) of Code Section 19-8-6;
      5. Allegations of compliance with Code Section 19-8-12;
      6. Copies of appropriate certificates verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
      7. A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
   5. Where the adoption is pursuant to subsection (a) of Code Section 19-8-7, the following shall be provided or attached or its absence explained when the petition is filed:
      1. The written voluntary surrender of each parent specified in subsection (e) of Code Section 19-8-7;
      2. The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-7;
      3. The affidavits specified in subsections (g) and (h) of Code Section 19-8-7;
      4. Allegations of compliance with Code Section 19-8-12;
      5. Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
      6. A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
   6. 1. Where the adoption is pursuant to Code Section 19-8-8, the following shall be provided or attached or its absence explained when the petition is filed:
         1. A certified copy of the final decree of adoption from the foreign country along with a verified English translation. The translator shall provide a statement regarding his qualification to render the translation, his complete name, and his current address.Should the current address be a temporary one, his permanent address shall also be provided;
         2. A verified copy of the visa granting the child entry to the United States;
         3. A certified copy along with a verified translation of the child's amended birth certificate or registration showing each petitioner as parent; and
         4. A copy of the home study which was completed for United States Immigration and Naturalization Service.
      2. It is not necessary to file copies of surrenders or termination on any parent or biological father who is not the legal father when the petition is filed pursuant to paragraph (1) of Code Section 19-8-8.
   7. Where Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition; but any petitioner shall allege facts demonstrating the applicability of Code Section 19-8-10 and shall allege compliance with subsection (c) of Code Section 19-8-10.
   8. If the petition is filed in a county other than that of the petitioners' residence, the reason therefor must also be set forth in the petition.
2. At the time of filing the petition, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; the fees shall be those established by Code Sections 15-6-77 and 15-6-77.1.
3. Each petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file with the petition, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with:
   1. The birth of the minor;
   2. Placement of the minor with the petitioner;
   3. Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; and
   4. Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person.
4. Every attorney for a petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that if the attorney received or is to receive less than $500.00, the affidavit need only state that fact.
5. Any report made under this Code section must be signed and verified by the individual making the report.
6. 1. As used in this subsection, the term "family member" shall have the same meaning as set forth in Code Section 19-7-3.
   2. Whenever a petitioner is a blood relative of the child to be adopted and a family member other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the family member with the visitation rights or upon such person's counsel of record.
7. Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, when the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to Code Section 15-11-321, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits.
8. A petition for adoption regarding a child or children who have a living biological father who is not the legal father and who has not surrendered his rights to the child or children shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child or children pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of a child of the child's mother pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall indicate a search of the registry on or after the earliest of the following:
   1. The date of the mother's surrender of parental rights;
   2. The date of entry of the court order terminating the mother's parental rights;
   3. The date of the mother's consent to adoption pursuant to Code Section 19-8-6; or
   4. The date of the filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption.

      Such certificate shall include a statement that the registry is current as of the earliest date listed in paragraphs (1) through (4) of this subsection, or as of a specified date that is later than the earliest such date.

(Code 1981, §19-8-13, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, §§ 4, 5; Ga. L. 1992, p. 6, § 19; Ga. L. 1997, p. 1686, § 6; Ga. L. 2000, p. 20, § 13; Ga. L. 2011, p. 573, § 4/SB 172; Ga. L. 2013, p. 294, § 4-27/HB 242; Ga. L. 2016, p. 87, § 2/HB 229.)