Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 11 and former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1, are included in the annotations for this Code section.

Effect of adoption prior to Act severing adopted child's rights.

- After the natural father died in 1982 and his daughter had been adopted by another person prior to the 1977 enactment which severed an adopted child's right of inheritance from the child's natural parents and severed the adopted child's former right to bring a wrongful death action for the homicide of the child's natural parent, the decedent's daughter was not an heir of her natural father and had no vested right to bring an action in tort for his death. Eig v. Savage, 177 Ga. App. 514, 339 S.E.2d 752 (1986) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

Res judicata.

- Superior court erred in granting a mother's motion to dismiss a former partner's petition to adopt the mother's child because a judgment denying the mother's motion to set aside the adoption decree was res judicata as to the validity of the adoption decree; the superior court was competent to entertain the motion to set aside and to consider whether the court properly had jurisdiction when the court entered the adoption decree, and the court's denial of the motion to set aside was conclusive of the question of standing in the partner's case. Bates v. Bates, 317 Ga. App. 339, 730 S.E.2d 482 (2012).

Section 19-7-3 constitutes exception to rule.

- Legislature's intent in enacting 1980 amendment to O.C.G.A. § 19-7-3 was to give grandparents standing to seek visitation in a situation in which their own child had lost his or her parental rights through death or termination; therefore, that section constitutes specific exception to provision of former § 19-8-14 that adopted child shall become a legal stranger to his former relatives for all purposes. Smith v. Finstad, 247 Ga. 603, 277 S.E.2d 736 (1981) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

When

§ 19-7-3 not an exception. - O.C.G.A. § 19-7-3, which provides visitation rights for grandparents in certain situations, is not an exception to former § 19-8-14 when both the natural mother and father have released the child for adoption. Mitchell v. Erdmier, 253 Ga. 335, 320 S.E.2d 163 (1984) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

"Grandparents' Bill of Rights" in O.C.G.A. § 19-7-3 is not an exception to former § 19-8-14. 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, the severance of relationships provision of former § 19-8-14 controls, and no rights of visitation by former grandparents existed. Heard v. Coleman, 181 Ga. App. 899, 354 S.E.2d 164 (1987) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

No biological parent preference over adoptive parent.

- In a custody dispute between a biological parent and an adoptive parent, preference cannot be given to the biological parent. The test is the best interest of the child. Ivey v. Ivey, 264 Ga. 435, 445 S.E.2d 258 (1994).

Adopting parent on equal footing as biological.

- Trial court did not err in awarding primary physical custody of the couple's biological child to the wife as the court's determination that splitting the siblings would cause emotional harm to both children was sufficient to overcome the statutory presumption in favor of the husband with respect to custody of the older child, who was the biological child of the husband and adopted by the wife. Hastings v. Hastings, 291 Ga. 782, 732 S.E.2d 272 (2012).

Grandparents' visitation precluded after child adopted by stepfather.

- Paternal grandparents were not entitled to visitation rights after the child's natural father's parental rights had been terminated and the child had been adopted by the child's stepfather. Campbell v. Holcomb, 193 Ga. App. 474, 388 S.E.2d 65 (1989) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

Limiting language of O.C.G.A. § 19-7-3(b), forbidding original actions for grandparent visitation if the parents are together and living with the child, includes adoptive parents because in the absence of language limiting the term "parent" to only "natural parents" or "biological parents", there is no legislative intent to withhold from adoptive parents the same constitutionally protected status enjoyed by biological parents to raise their children without state interference; in construing § 19-7-3(b), the definition of parent in the adoption statute, O.C.G.A. § 19-8-1(6) and (8), which gives full legal status to adoptive parents, cannot be ignored, and the clear intent of the adoption statute is to give adoptive parents full legal rights. Bailey v. Kunz, 307 Ga. App. 710, 706 S.E.2d 98 (2011), aff'd, 290 Ga. 361, 720 S.E.2d 634 (2012).

Grandparents' visitation rights precluded when child adopted by stepfather.

- Term "parents" in O.C.G.A. § 19-7-3(b) did not exclude a child's adoptive parent; therefore, because a child was living with the child's mother and adoptive father, who were not separated, the child's natural grandparents had no right to file an original action for visitation with the child under the statute. Upon their son's termination of his parental rights to the child, the grandparents became strangers to the child, pursuant to O.C.G.A. § 19-8-19. Kunz v. Bailey, 290 Ga. 361, 720 S.E.2d 634 (2012).

Effect of termination of grandparent's legal relationship.

- Child's biological grandmother lacked standing to bring an action for injuries arising from illegitimacy since the child was adopted and the grandmother's legal relationship was terminated. Vance v. T.R.C., 229 Ga. App. 608, 494 S.E.2d 714 (1997).

Since the intervention of grandparents into a custody proceeding and an order granting them temporary custody had already occurred, the later adult adoption of the child's father did not extinguish the legal status that the grandparents held; the trial court's subsequent order dismissing the intervention of the grandparents, and setting aside the award of temporary custody to the grandparents was reversed. Walls v. Walls, 278 Ga. 206, 599 S.E.2d 173 (2004).

Child support arrearages not eradicated by adoption.

- Arrearages in child support payments which accrued prior to adoption are not eradicated by the adoption decree. Sample v. Poteralski, 169 Ga. App. 448, 313 S.E.2d 145 (1984) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

Status of parent and child exists after parental rights terminated. However, "child" no longer exists between the natural parent and "child" but exists between the child and the adopting parent. Menard v. Fairchild, 254 Ga. 275, 328 S.E.2d 721 (1985) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

Right of adopted child to take under will.

- In construing rights of adopted child to take under a will, it is not a question of right of adopted child to inherit, but simply a question of the testator's intent with respect to those who are to share in the estate. Thomas v. Trust Co. Bank, 247 Ga. 693, 279 S.E.2d 440 (1981) (decided under former § 19-8-14, as enacted by Ga. L. 1977, p. 201, § 1).

Incest.

- In a prosecution for incest, although the state did not introduce documentary evidence of adoption, unrebutted testimony of the adoption by the defendant, his wife, and the victim was sufficient to establish the relationship. Edmonson v. State, 219 Ga. App. 323, 464 S.E.2d 839 (1995), overruled on other grounds, Collins v. State, 229 Ga. App. 658, 495 S.E.2d 59 (1997).

Because adopted individuals "enjoy every right and privilege of a biological child," they are statutorily protected from incest. Edmonson v. State, 219 Ga. App. 323, 464 S.E.2d 839 (1995), overruled on other grounds, Collins v. State, 229 Ga. App. 658, 495 S.E.2d 59 (1997).

Incest not applicable between adopted siblings.

- Trial court erred when the court denied the defendant's motion to quash the count of an indictment charging the defendant with incest because the defendant did not commit incest since the defendant's adoptive sister was not a whole blood or half blood sibling; the incest statute does not prohibit sexual intercourse between a brother and an adoptive sister not related by blood. Smith v. State, 311 Ga. App. 757, 717 S.E.2d 280 (2011).

Cited in Sachs v. Walzer, 242 Ga. 742, 251 S.E.2d 302 (1978); Mead v. Owens, 149 Ga. App. 303, 254 S.E.2d 431 (1979); O'Quinn v. Bunkley, 185 Ga. App. 673, 365 S.E.2d 460 (1988); Garcia v. Garcia, 284 Ga. 152, 663 S.E.2d 709 (2008).

Am. Jur. 2d.

- 2 Am. Jur. 2d, Adoption, § 129 et seq.

1B Am. Jur. Pleading and Practice Forms, Adoption, § 214 et seq.

C.J.S.

- 2 C.J.S., Adoption of Persons, § 133 et seq.

ALR.

- Adoption of child as satisfying condition of devise or bequest when or if beneficiary has a child, 30 A.L.R. 1412.

Right to disinherit adopted child, 97 A.L.R. 1015.

Adoption as affecting duty of support or assistance otherwise owed by natural parent to child, or by child to natural parent, 114 A.L.R. 494.

Adoption as affecting right of inheritance by, through, or from natural parent or other natural kin, 123 A.L.R. 1038.

Underformed or imperfectly performed agreement to adopt child as giving child the status of an adopted child for purposes of succession or estate tax, 141 A.L.R. 1302; 97 A.L.R.3d 347.

Right of parent to recover for injury to or death of minor child as affected by award of custody of child to another, 147 A.L.R. 482.

Relationship created by adoption as within statute prohibiting marriage between parties in specified relationships, or statute regarding incest, 151 A.L.R. 1146.

Descent and distribution of property of adopted child, 170 A.L.R. 742.

Annulment or vacation of adoption decree by adopting parent or natural parent consenting to adoption, 2 A.L.R.2d 887.

Adoption of child as revoking will, 24 A.L.R.2d 1085.

Adopted child as within class named in deed or inter vivos trust instrument, 37 A.L.R.2d 237.

Adoption as affecting right of inheritance through or from natural parent or other natural kin, 37 A.L.R.2d 333.

Right of adopted child to inherit from kindred of adoptive parent, 43 A.L.R.2d 1183.

Applicability of res judicata to decrees or judgments in adoption proceedings, 52 A.L.R.2d 406.

What law, in point of time, governs inheritance from or through adopted person, 52 A.L.R.2d 1228.

Change of child's name in adoption proceeding, 53 A.L.R.2d 927.

Conflict of laws as to adoption as affecting descent and distribution of decedent's estate, 87 A.L.R.2d 1240.

Right of adopted child to inherit from intestate natural grandparent, 60 A.L.R.3d 631.

Right of natural parent to withdraw valid consent to adoption of child, 74 A.L.R.3d 421.

Mistake or want of understanding as ground for revocation of consent to adoption or of agreement releasing infant to adoption placement agency, 74 A.L.R.3d 489.

What constitutes "duress" in obtaining parent's consent to adoption of child or surrender of child to adoption agency, 74 A.L.R.3d 527.

Validity, construction, and application of statute imposing upon stepparent obligation to support child, 75 A.L.R.3d 1129.

Adoption as precluding testamentary gift under natural relative's will, 71 A.L.R.4th 374.

Liability of public or private agency or its employees to prospective adoptive parents in contract or tort for failure to complete arrangement for adoption, 8 A.L.R.5th 860.

Adopted child as within class named in testamentary gift, 36 A.L.R.5th 395.

Adopted child as within class named in deed or inter vivos trust instrument, 37 A.L.R.5th 237.

Modern status of law as to equitable adoption or adoption by estoppel, 122 A.L.R.5th 205.