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

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

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-19. (Effective until September 1, 2018) Effect of decree of adoption.

  1. 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. Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption terminates all legal relationships between the adopted individual and his relatives, including his parent, so that the adopted individual thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and
    2. A decree of adoption creates the relationship of parent and child between each petitioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under the provisions of any instrument of testamentary gift, bequest, devise, or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a "child" of that petitioner under a class gift made by the will of a third person.
  2. Notwithstanding the provisions of subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order or unrevoked surrender of parental rights to the child, the child's right of inheritance from or through the deceased parent shall not be affected by the adoption.

(Code 1981, §19-8-19, enacted by Ga. L. 1990, p. 1572, § 5.)

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.

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

Total Results: 13

BARNHILL v. ALFORD

Court: Supreme Court of Georgia | Date Filed: 2022-12-20

Snippet: November 19, 2019. 5 Pursuant to OCGA § 19-8-19, “a decree of adoption shall terminate all legal

Hastings v. Hastings

Court: Supreme Court of Georgia | Date Filed: 2012-10-01

Citation: 291 Ga. 782, 732 S.E.2d 272, 2012 Fulton County D. Rep. 2883, 2012 WL 4475676, 2012 Ga. LEXIS 750

Snippet: of biological issue of that petitioner.” OCGA § 19-8-19 (a) (2). Both the legislature and our courts have

Kunz v. Bailey

Court: Supreme Court of Georgia | Date Filed: 2012-01-09

Citation: 290 Ga. 361, 720 S.E.2d 634, 2012 Fulton County D. Rep. 79, 2012 Ga. LEXIS 26

Snippet: notwithstanding the provisions of Code Section 19-8-19. This subsection shall not authorize an original

Elrod v. Cowart

Court: Supreme Court of Georgia | Date Filed: 2009-01-12

Citation: 672 S.E.2d 616, 284 Ga. 869, 2009 Fulton County D. Rep. 153, 2009 Ga. LEXIS 20

Snippet: of 1933, which was the predecessor of OCGA §§ 19-8-19(a)(2), 19-8-21(b)). Therefore, under the law in

Garcia v. Garcia

Court: Supreme Court of Georgia | Date Filed: 2008-07-07

Citation: 663 S.E.2d 709, 284 Ga. 152, 2008 Fulton County D. Rep. 2285, 2008 Ga. LEXIS 559

Snippet: a child has a similar duty of support. OCGA § 19-8-19 (a) (2). A person who executes a written agreement

Wheeler v. Wheeler

Court: Supreme Court of Georgia | Date Filed: 2007-02-26

Citation: 642 S.E.2d 103, 281 Ga. 838, 2007 Fulton County D. Rep. 473, 2007 Ga. LEXIS 175

Snippet: and awarded permanent custody to both. OCGA § 19-8-19 (a) (1) specifically proscribes such an order:

Dial v. Dial

Court: Supreme Court of Georgia | Date Filed: 2005-10-24

Citation: 279 Ga. 767, 621 S.E.2d 461, 2005 Fulton County D. Rep. 3194, 2005 Ga. LEXIS 718

Snippet: be obligated to support the child. See OCGA § 19-8-19 (a) (2). But, this Court has previously declined

Walls v. Walls

Court: Supreme Court of Georgia | Date Filed: 2004-07-12

Citation: 599 S.E.2d 173, 278 Ga. 206, 2004 Fulton County D. Rep. 2339, 2004 Ga. LEXIS 553

Snippet: Resolution of this case is controlled by OCGA § 19-8-19 (a) (1), which provides, in relevant part, that

Haley v. Regions Bank

Court: Supreme Court of Georgia | Date Filed: 2003-09-15

Citation: 586 S.E.2d 633, 277 Ga. 85, 2003 Fulton County D. Rep. 2726, 2003 Ga. LEXIS 721

Snippet: 1949, pp. 1157, 1158, § 1 (predecessor of OCGA § 19-8-19(a)(2)). This "amendment granted a child by adoption

Miller v. Walker

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

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

Snippet: Walker’s motion for summary judgment, citing OCGA § 19-8-19,2 the present law providing for the effect of a

Wright v. Newman

Court: Supreme Court of Georgia | Date Filed: 1996-03-04

Citation: 467 S.E.2d 533, 266 Ga. 519, 96 Fulton County D. Rep. 873, 1996 Ga. LEXIS 91

Snippet: be legally obligated to provide support. OCGA § 19-8-19 (a) (2). However, Wright is neither the natural

Ivey v. Ivey

Court: Supreme Court of Georgia | Date Filed: 1994-07-11

Citation: 264 Ga. 435, 445 S.E.2d 258, 1994 Ga. LEXIS 483

Snippet: biological issue of the [adoptive parent].” OCGA § 19-8-19 (a) (2). Thus, an adoptive parent stands on the

Pruitt v. Lindsey

Court: Supreme Court of Georgia | Date Filed: 1991-09-06

Citation: 407 S.E.2d 750, 261 Ga. 540, 1991 Ga. LEXIS 396

Snippet: address the effects of a decree of adoption, OCGA § 19-8-19, but only the rights of the biological father and