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2018 Georgia Code 19-8-14 | Car Wreck Lawyer

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-14. (Effective until September 1, 2018) Timing of adoption hearing; required records; filing.

  1. It is the policy of this state that, in the best interest of the child, uncontested adoption petitions should be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by the provisions of Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders, or certificates required by this chapter within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing taking into account the circumstances of the petition and the best interest of the child.
  2. Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept the petition as filed.
  3. Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 45 days from the date of the filing of the petition.
  4. Notwithstanding the provisions of subsections (a) and (c) of this Code section, it shall be the petitioner's responsibility to request that the court hear the petition on a date that allows sufficient time for fulfillment of notice requirements of Code Section 19-8-10 and Code Section 19-8-12, where applicable.
  5. In the best interest of the child the court may hear the petition less than 45 days from the date of filing upon a showing by the petitioner that either no further notice is required or that any statutory requirement of notice to any person will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date.
  6. The court in the child's best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, a home study, and reports or for other good cause shown.
  7. Copies of the petition and all documents filed in connection therewith, including, but not limited to, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter, shall be forwarded by the clerk to the department within 15 days after the date of the filing of the petition for adoption.
  8. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the child-placing agency or other agent appointed by the court pursuant to the provisions of Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law.
  9. Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry.

(Code 1981, §19-8-14, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, § 6; Ga. L. 2003, p. 503, § 4; Ga. L. 2011, p. 573, § 5/SB 172.)

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.

Cross references.

- Adoption - Expediting uncontested agency adoption hearings, Ga. Unif. S. Ct. R. 47.

Cases Citing Georgia Code 19-8-14 From Courtlistener.com

Total Results: 4

Miller v. Walker

Court: Supreme Court of Georgia | Date Filed: 1999-03-08

Citation: 514 S.E.2d 22, 270 Ga. 811

Snippet: contrary intent. See Thomas at 693 (1). Former OCGA § 19-8-14, in effect at the times of execution of the trust

Wannamaker v. Carr

Court: Supreme Court of Georgia | Date Filed: 1987-11-24

Citation: 362 S.E.2d 53, 257 Ga. 634, 1987 Ga. LEXIS 993

Snippet: questions: 1) Is there a conflict between OCGA § 19-8-14 and the 1972 agreement between the parties; 2)

Menard v. Fairchild

Court: Supreme Court of Georgia | Date Filed: 1985-04-24

Citation: 328 S.E.2d 721, 254 Ga. 275

Snippet: the effect of a decree of adoption under OCGA § 19-8-14 (a).[3] The former merely terminates the rights

Mitchell v. Erdmier

Court: Supreme Court of Georgia | Date Filed: 1984-09-26

Citation: 320 S.E.2d 163, 253 Ga. 335, 1984 Ga. LEXIS 926

Snippet: certain situations, is an exception to OCGA § 19-8-14, which operates to terminate all legal relationships