O.C.G.A.

O.C.G.A. § 19-8-18 (2019)

Hearing; district attorney to be directed to review

✓ 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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inducement violations; decree of adoption; factors considered in determining best interests of child; disposition of child on denial of petition.

(a)(1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on such petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained in such report. There shall be a presumption that a petitioner who is a nonresident of Georgia should be granted the opportunity to appear via electronic means in lieu of physical presence before the court if his or her petition is uncontested, especially if appearing in person would cause hardship to the petitioner. In all other cases, the court may in its discretion allow the petitioner or any witness to appear via electronic means in lieu of requiring his or her physical presence before the court.

(2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition for adoption, it shall:

(A) Determine that an appropriate order has previously been entered;

(B) Enter an order consistent with Code Section 19-8-12; or

(3) If the adoption petition is filed pursuant to Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his or her attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the inducement, as such term is defined in Code Section 19-8-24, of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his or her discretion deems appropriate.

(b)(1) If the petition for adoption was filed pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating all of the rights of each living parent, guardian, and legal custodian of the child, other than the spouse of the petitioner in the case of a stepparent adoption pursuant to Code Section 19-8-6; granting the permanent custody of the child to each petitioner; and declaring the child to be the adopted child of each petitioner if the court is satisfied that:

(A) Each living parent or guardian of the child has surrendered or had terminated all of his or her rights to the child in the manner provided by law or that each petitioner has complied with the notice requirements of subsection (c) of Code Section 19-8-10 and satisfied his or her burden of proof under Code Section 19-8-10 or that the spouse has consented to the petitioner’s adoption of the child as required by Code Section 19-8-6;

(B) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child;

(D) The adoption requested is in the best interests of the child.

(2) When Code Section 19-8-10 has been relied upon by any petitioner for the termination of rights of a living parent, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the termination of rights of such living parent and the court’s determination that the adoption is in the child’s best interests.

(3) When the child was born in a country other than the United States, the court shall examine the evidence submitted in order to determine whether sufficient evidence has been proffered to show that the child has a viable path to lawful permanent resident status, if not already obtained. The court shall consider the evidence when making a determination if it is in the best interests of the child to grant the petition for adoption.

(4) If there is an existing visitation order pursuant to Code Section 19-7-3 in favor of a family member, the court shall have the authority to continue or discontinue such visitation rights in the adoption order as it deems is in the best interests of the child.

(c) If the petition for adoption was filed pursuant to subsection (a) of Code Section 19-8-8 and if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and has established that he or she finalized his or her adoption of the child in the foreign country, then the court shall enter a decree of adoption naming the child as prayed for in such petition; domesticating the foreign decree of adoption; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner. Notwithstanding the requirements of subsection (a) of this Code section, the court may domesticate the foreign decree of adoption upon the pleadings without a hearing.

(d) If the petition for adoption was filed pursuant to subsection (b) of Code Section 19-8-8, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating the guardianship; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and that:

(1) Each petitioner in his or her capacity as guardian of the child has surrendered all of his or her rights to the child in the manner provided by law;

(2) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child;

(3) The child is suitable for adoption in a private family home; and

(4) The adoption requested is in the best interests of the child.

(e) In exercising its discretion to determine whether the adoption requested is in the best interests of the child, the court shall consider the following factors:

(1) The ability of each petitioner and, if applicable, each respondent to provide for the physical safety and welfare of the child, including food, shelter, health, and clothing;

(2) The love, affection, bonding, and emotional ties existing between the child and each petitioner and, if applicable, each respondent;

(3) The child’s need for permanence, including the child’s need for stability and continuity of relationships with his or her siblings;

(4) The capacity and disposition of each petitioner and, if applicable, each respondent to give the child his or her love, affection, and guidance and to continue the education and rearing of the child;

(5) The home environment of each petitioner and, if applicable, each respondent, considering the promotion of the child’s nurturance and safety rather than superficial or material factors;

(6) The stability of the family unit and the presence or absence of support systems within the community to benefit the child;

(7) The mental and physical health of all individuals involved;

(8) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(9) The child’s background and ties, including familial, cultural, and religious;

(10) The uniqueness of every family and child;

(11) The child’s wishes and long-term goals;

(12) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in the petitioner’s home and, if applicable, each respondent’s home;

(13) Any recommendation by a court appointed agent or guardian ad litem; and

(14) Any other factors considered by the court to be relevant and proper to its determination.

(f) If the court determines that any petitioner has not complied with this article, it may dismiss the petition for adoption without prejudice or it may continue the case. Should the court find that any notice required to be given by any petitioner under this article has not been given or has not been properly given or that the petition for adoption has not been properly filed, the court shall be authorized to enter an order providing for corrective action and an additional hearing.

(g) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition for adoption. If such petition is denied because the court determines that the adoption requested is not in the best interests of the child or for any other reason under law, the court shall set forth specific findings of fact explaining its decision in its order denying the adoption and shall commit the child to the custody of the department, a child-placing agency, or an out-of-state licensed agency if such petition was filed pursuant to Code Section

Notes of Decisions

Cited in 46 cases (1 in the last 5 years), 1994–2025 · leading case: Oni v. Oni, 746 S.E.2d 641 (Ga. Ct. App. 2013).

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Oni v. Oni, 746 S.E.2d 641 (Ga. Ct. App. 2013). · cites it 32× “OCGA § 19-8-18 (b) provides, in pertinent part, that the trial court shall enter a decree of adoption if it is satisfied that each living parent of the child has surrendered all rights to the child in the manner provided by law prior to the filing of the adoption petition, that…”

Williams v. Williams, 717 S.E.2d 553 (Ga. Ct. App. 2011). · cites it 18× “OCGA § 19-8-18 (e) provides that “[a] decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree.”

Bates v. Bates, 730 S.E.2d 482 (Ga. Ct. App. 2012). · cites it 10× “The Fulton County court, however, denied the motion as untimely, citing OCGA § 19-8-18 (e), which provides that “[a] decree of adoption issued pursuant to [OCGA § 19-8-18 (b)] shall not be subject to any judicial challenge filed more than six months after the date of entry of…”

In the Interest of B. R. F., a Child, 788 S.E.2d 416 (Ga. 2016). · cites it 2× “, OCGA § 19-8-18 (e). 15 We also note the possibility that an indigent parent’s statutory right to counsel should be construed as a statutory right to effective counsel at all stages of the proceeding, with a corresponding remedy if counsel is ineffective.”

Owen v. Watts, 695 S.E.2d 62 (Ga. Ct. App. 2010). · cites it 10× “Similarly, OCGA § 19-8-18 (b) provides, in relevant part, that where the parents have surrendered their rights to the child and the petitioner has met his burden of proving that the requested adoption is in the best interest of the child, it shall grant the adoption.”

Ray v. Denton, 628 S.E.2d 180 (Ga. Ct. App. 2006). · cites it 6× “OCGA § 19-8-18 (b) requires that “[i]n all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the…”

Sauls v. Atchison, 730 S.E.2d 459 (Ga. Ct. App. 2012). · cites it 6× “OCGA § 19-8-18 (b) provides: “In all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the…”

Oni v. Oni., 830 S.E.2d 775 (Ga. Ct. App. 2019). · cites it 14× “After determining that the adoption decree had been entered pursuant to OCGA § 19-8-18 (b), Oni I recited that " OCGA § 19-8-18 (e) provide[d] that '[a] decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed…”

Wheeler v. Wheeler, 642 S.E.2d 103 (Ga. 2007). · cites it 8× “Melody Wheeler argues that the motion to set aside is time-barred by OCGA § 19-8-18 (e), although the trial court did not rely on that statute.”

Maynard v. Brown, 622 S.E.2d 901 (Ga. Ct. App. 2005). · cites it 6× “Because the trial court’s decree fails to set forth the mandatory findings of fact and conclusions of law pursuant to OCGA § 19-8-18 (b), we vacate the trial court’s decree and remand with direction.”

Oni v. Oni, 784 S.E.2d 112 (Ga. Ct. App. 2016). · cites it 22× “16 Oni I first determined that the adoption decree had been entered pursuant to OCGA § 19-8-18 (b). 17 Next, Orailrecited, “OCGA § 19-8-18 (e) provides that ‘[a] decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial…”

Rokowski v. Gilbert, 620 S.E.2d 509 (Ga. Ct. App. 2005). · cites it 4× “Rokowski argues that the court’s procedure violated OCGA § 19-8-18 (c), which provides: If the court determines that any petitioner has not complied with this chapter, it may dismiss the petition for adoption without prejudice or it may continue the case.”

Show all 46 citing cases →

— 19-8-18(b) — 4 cases

Sauls v. Atchison, 730 S.E.2d 459 (Ga. Ct. App. 2012). “OCGA § 19-8-18 (b) provides: “In all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the…”

Ray v. Hann, 746 S.E.2d 600 (Ga. Ct. App. 2013).

In Re the Petition of Goudeau, 700 S.E.2d 688 (Ga. Ct. App. 2010).

In Re Bas, 563 S.E.2d 141 (Ga. Ct. App. 2002).

— 19-8-18(d) — 1 case

In Re the Petition of Goudeau, 700 S.E.2d 688 (Ga. Ct. App. 2010).

— 19-8-18(e) — 2 cases

Wheeler v. Wheeler, 642 S.E.2d 103 (Ga. 2007). “Melody Wheeler argues that the motion to set aside is time-barred by OCGA § 19-8-18 (e), although the trial court did not rely on that statute.”

Ex parte E.L., 208 So. 3d 1102 (Ala. 2015).

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.