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

O.C.G.A. § 19-8-14 (2019)

Timing of adoption hearing; record retention; clerk’s duties

✓ 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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(a) It is the policy of this state that, in the best interests of the child, uncontested adoption petitions shall 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 Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders of rights, or certificates required by this article 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 interests of the child.

(b) 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 such petition as filed. Such petition shall not be subject to court approval before it is filed.

(c) Upon the filing of the petition for adoption, the court shall fix a date upon which such petition shall be considered, which date shall be not less than 45 days from the date of the filing of such petition and shall not be less than 30 days following the last date a parent or biological father is deemed to have received service of notice as required in those cases when Code Section 19-8-10 or 19-8-12, or both, is applicable.

(d) In those cases where the court is required to appoint an agent pursuant to subsection (a) of Code Section 19-8-16 to conduct an investigation and make a written report and recommendation to the court, it shall be the petitioner’s responsibility to request that the court appoint the agent if the court does not do so sua sponte. Notwithstanding subsections (a) and (c) of this Code section, it shall be the petitioner’s responsibility to request that the court hear the petition for adoption on a date that allows sufficient time for fulfillment of the notice requirements of Code Sections 19-8-10 and 19-8-12 and for receipt of the agent’s written report and recommendation prior to the hearing, when applicable.

(e) In the best interests of the child, the court may hear the petition for adoption less than 45 days from the date of its filing upon a showing by the petitioner that no further notice is required or any statutory requirement of notice to any individual 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.

(f) The court in the child’s best interests 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.

(g) Copies of the petition for adoption and all documents filed in connection therewith, including, but not limited to, the order fixing the date upon which such petition shall be considered, motions, other pleadings filed, all orders entered in connection with such petition, and all exhibits, surrenders of rights, or certificates required by this article, shall be forwarded by the clerk to the department within 15 days after the date of such filing for retention by the State Adoption Unit of the department.

(h) Copies of the petition for adoption, the order fixing the date upon which such petition shall be considered, and all exhibits, surrenders of rights, or certificates required by this article shall be forwarded by the clerk to the agent appointed by the court pursuant to 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 Code Section 19-8-16.

(i) The clerk of court shall provide the petitioner or his or her attorney with a copy of the petition for adoption and of each amendment, motion, and other pleading filed with a stamp confirming the date each pleading was filed with the court and shall also provide the petitioner or his or her attorney with a copy of each order entered by the court in the adoption proceeding, confirming the date the order was filed of record by the court.

History

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; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 9/HB 154. The 2021 amendment, effective July 1, 2021, in subsection (d), added the first

sentence and inserted “and for receipt of the agent’s written report and recommendation prior to the hearing” near the end.

Annotations

Cross references. Adoption - Expediting uncontested agency adoption hearings, Ga. Unif. Sup. Ct. R. 47.

RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Adoption, § 117.

C.J.S. 2 C.J.S., Adoption of Persons, § 93.

Notes of Decisions
Cited in 20 cases, 1984–2015 · leading case: Heard v. Coleman, 354 S.E.2d 164 (Ga. Ct. App. 1987).
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Evans v. Sangster, 768 S.E.2d 278 (Ga. Ct. App. 2015). · cites it 4× “(a) Jason argues that the trial court was required by OCGA § 19-8-14 (a) to hear the adoption proceeding within 120 days of its filing date, and, had the court complied with that time frame, the adoption decree would have been issued before the Sangsters’ visitation order and…”
Joanna G. Evans v. Connie Sangster (Ga. Ct. App. 2015). · cites it 4× “He also argues that no authority exists for permitting a “conditional adoption”; therefore, the court erred in issuing an adoption decree that incorporated the court’s final decision with respect to grandparent visitation.”
Sauls v. Atchison, 730 S.E.2d 459 (Ga. Ct. App. 2012). · cites it 2× “ed by any petitioner that surrender or termination of rights of a parent is not a prerequisite to the filing of a petition for adoption of a child of that parent in accordance with subsection (a) or (b) of this Code section, that parent shall be personally served with a…”
William Sauls v. Vaness Atchison (Ga. Ct. App. 2012). · cites it 2× “ed by any petitioner that surrender or termination of rights of a parent is not a prerequisite to the filing of a petition for adoption of a child of that parent in accordance with subsection (a) or (b) of this Code section, that parent shall be personally served with a…”
Rokowski v. Gilbert, 620 S.E.2d 509 (Ga. Ct. App. 2005). · cites it 2× “862, 863 (2) ( 542 SE2d 580 ) (2000) (decree of adoption vacated and case remanded for a hearing in accordance with pre-2003 version of OCGA§ 19-8-14). 32 OCGA§ 9-11-12 (g), (h).”
McKinney v. Jennings, 553 S.E.2d 344 (Ga. Ct. App. 2001). · cites it 2× “Following the grant of the petition, we vacated the judgment and remanded the matter to conduct a hearing with a 30-day advance notice in accordance with OCGA § 19-8-14. 1 The court gave the proper notice, whereupon McKinney moved the court to make arrangements for him to be…”
McKinney v. Jennings, 542 S.E.2d 580 (Ga. Ct. App. 2000). · cites it 4× “OCGA § 19-8-10 (c) provides that in cases where there has been no prior surrender or termination of parental rights, the natural parent must receive service of the petition for adoption as specified in OCGA § 19-8-14.”
Miller v. Walker, 514 S.E.2d 22 (Ga. 1999). · cites it 8× “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.”
Walker v. Herron, 861 P.2d 346 (Okla. Civ. App. 1993). “The trial court requested additional briefs from the parties on effect of the Georgia adoption [Tr.”
Motes v. Love, 415 S.E.2d 334 (Ga. Ct. App. 1992). · cites it 2× “1572), visitation may be granted to grandparents, whose tie to the adopted child is severed by the adoption, if the child is adopted by the child’s blood relative.”
Campbell v. Holcomb, 388 S.E.2d 65 (Ga. Ct. App. 1989). · cites it 14× “Campbell contends that the adoption cut off *475 all relations between the grandparents and the minor child under OCGA § 19-8-14, and thus, under OCGA § 19-7-3, the grandparents are not now entitled to visitation rights.”
Arrington v. Hand, 388 S.E.2d 52 (Ga. Ct. App. 1989). · cites it 2× “Although the effect of a decree of adoption relieves the natural parents of all parental rights and terminates all legal relationships between the adopted child and his natural parents (OCGA § 19-8-14 (a) (1)), there is a difference in the effect between a termination of…”
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