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2018 Georgia Code 19-8-21.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-21.1 Case Law from Google Scholar Amendments to OCGA 19-8-21.1

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-21. (Effective September 1, 2018) Adoption of adult individuals; applicability of Code Sections 19-8-19 and 19-8-20.

  1. Adult individuals may be adopted on giving written consent to the adoption.In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his or her written consent to the adoption.The court may assign the petition for adoption for hearing at any time.The petition for adoption shall state whether one or both parents of the adult to be adopted will be replaced by the grant of such petition, and if only one parent is to be replaced, then the decree of adoption shall make clear which parent is to be replaced by adoption.After examining each petitioner and the adult to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult.Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child.
  2. Code Sections 19-8-19 and 19-8-20 shall also apply to the adoption of adults.

(Code 1981, §19-8-21, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159.)

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.

The 2018 amendment, effective September 1, 2018, in subsection (a), in the first sentence, substituted "individuals" for "persons" near the beginning, substituted "one conformed copy" for "two conformed copies" near the middle, deleted "either" following "county in which" in the middle, inserted "or her" near the end, in the second sentence, inserted "adoption for", added the third sentence, in the fourth sentence, deleted "sought" following "the adult" near the beginning, in the fifth sentence, inserted "the same as", "a", and "adult" near the end; and substituted "Sections 19-8-19 and 19-8-20" for "Section 19-8-19, relating to the effect of a decree of adoption, and Code Section 19-8-20, relating to notice of adoption," in subsection (b).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 16 are included in the annotations for this Code section.

Effect of section's discretionary terms.

- While couched in discretionary terms, Ga. L. 1941, p. 300, § 16 did not permit the trial judge to deny the adult adoption without a hearing. The legislature did not intend to grant to trial courts discretionary power to decide an adult's ex parte adoption case on pleadings and without giving the petitioner an opportunity to be heard. In re Chambers, 147 Ga. App. 536, 249 S.E.2d 343 (1978) (decided under Ga. L. 1941, p. 300, § 16).

Adoptees have same rights as natural born children.

- Under the 1967 amendment to former Code 1933, § 74-420, which was in effect when a testator died in 1970, an adult who was adopted by a life tenant was entitled to inherit a remainder interest to the same extent as would a natural-born child. The law granted adoptees the same rights as natural born children, and the will did not expressly exclude adoptees. Elrod v. Cowart, 284 Ga. 869, 672 S.E.2d 616 (2009).

Cited in Lee v. Green, 217 Ga. 860, 126 S.E.2d 417 (1962); Faulk v. Faulk, 240 Ga. 373, 240 S.E.2d 848 (1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Adoption, § 26 et seq.

C.J.S.

- 2 C.J.S., Adoption of Persons, §§ 22, 23.

ALR.

- Adoption of adult, 21 A.L.R.3d 1012; 42 A.L.R.4th 776.

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