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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-14 Case Law from Google Scholar Amendments to OCGA 19-8-14

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 O.C.G.A. § 19-8-14

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Wannamaker v. Carr, 362 S.E.2d 53 (Ga. 1987).

Cited 26 times | Published | Supreme Court of Georgia | Nov 24, 1987 | 257 Ga. 634

...Decided November 24, 1987. B. J. Smith, for appellant. Kathleen Kessler, for appellee. CLARKE, Presiding Justice. We granted appellant's application to appeal from the judgment of the trial court to address the following questions: 1) Is there a conflict between OCGA § 19-8-14 and the 1972 agreement between the parties; 2) does the adoption nullify that portion of the agreement that states that the appellant shall be responsible for college expenses? Mr....
...Wannamaker was obligated for child support arrearages from April 16, 1977, to August 21, 1979. 3. The court correctly found that although a parent is not by law obligated to provide a college education, he may by contract incur such an obligation. The question is whether under OCGA § 19-8-14, which provides that following the adoption "......
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Mitchell v. Erdmier, 320 S.E.2d 163 (Ga. 1984).

Cited 10 times | Published | Supreme Court of Georgia | Sep 26, 1984 | 253 Ga. 335

...The basis for denial was that the relationship between the grandparent and grandchild had been terminated by adoption. We affirm. The issue is whether OCGA § 19-7-3, which provides visitation rights for grandparents in certain situations, is an exception to OCGA § 19-8-14, which operates to terminate all legal relationships between the adopted person and his relatives....
...Both the natural mother and natural father of the child surrendered their parental rights and released the child for adoption. OCGA § 19-8-4. The child was adopted by Randall and Linda Erdmier on July 21, 1983. The petition for visitation was filed the following September 14. OCGA § 19-8-14 is the code provision which announces the effect of a decree of adoption....
...Jewell Mitchell contends the facts are governed by division (4) above because the adoption decree was a termination of all relationships between child and the natural parents. We do not interpret the code *336 section to have this meaning. To do so would frustrate the apparent object of OCGA § 19-8-14, to sever former relations of an adopted child....
...The only provision which grants grandparents visitation rights after an adoption is the limited one of the death of one parent, the remarriage of the surviving parent, followed by the adoption of the child by the stepparent. In other adoptions, such as this one, the severance of relationships provision of OCGA § 19-8-14 controls, and no rights of visitation by former grandparents exist....
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Miller v. Walker, 514 S.E.2d 22 (Ga. 1999).

Cited 9 times | Published | Supreme Court of Georgia | Mar 8, 1999 | 270 Ga. 811

...And in order to effectuate that intent, the settlor is charged with knowledge of the adoption laws in effect at the time of execution of the trust, and such laws should determine the class of beneficiaries entitled to take, in the absence of an express contrary *26 intent. See Thomas at 693(1), 279 S.E.2d 440. Former OCGA § 19-8-14, in effect at the times of execution of the trust and the settlor's death in 1988, contained provisions similar to present OCGA § 19-8-19, severing all former familial relationships of the adopted child....
...[3] Construction of the "equalization" provisions is not at issue in this appeal. [4] In petitioning the superior court for confidentiality, NationsBank's counsel averred by affidavit that there were indications of child abuse by the natural mother, N.J. [5] Former OCGA § 19-8-14 provided in relevant part: A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state: (1)...
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Menard v. Fairchild, 328 S.E.2d 721 (Ga. 1985).

Cited 7 times | Published | Supreme Court of Georgia | Apr 24, 1985 | 254 Ga. 275

...A new relationship between the child and the adopting parents is created. Old ties may interfere with the new relationship. Consider the effect of an order terminating parental rights under OCGA § 15-11-53 and compare that section with the effect of a decree of adoption under OCGA § 19-8-14 (a)....
...." Then, the section goes on to remove any requirement of notice in the event of a subsequent adoption, and in doing so it is recognized that *278 the status of parent and child continues until the adoption in that the parties are referred to as "parent" and "child". On the other hand, the adoption statute, OCGA § 19-8-14 (a) not only relieves the natural parent of all parental rights and responsibilities, but goes further and " terminates all legal relationships between the adopted individual and his relatives, including his natural parent(s), so that the...
...." (Emphasis supplied.) After parental rights have been terminated there still exists the status of parent and child. After an adoption decree the status of parent and child no longer exists between the natural parent and child but exists between the child and the adopting parent. OCGA § 19-8-14 (a) (2)....
...h, if he was then incapable of self-support and was actually dependent upon her; and "(3) A child of the employee if: "(A) The child is under 18; or "(B) The child is over 18 and is physically or mentally incapable of earning a livelihood." [3] OCGA § 19-8-14 (a)....