O.C.G.A.

O.C.G.A. § 19-8-22 (2019)

Recognition and effect of order by court or administrative body within or outside United States

✓ 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) A decree of a court or an administrative proceeding terminating the relationship of parent and child, establishing the relationship of guardian and ward, or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court or administrative body of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child when the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country, shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4, 19-8-5, 19-8-6, 19-8-7, 19-8-8, and 19-8-12.

(b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection had been effective at the time such proceeding was filed or concluded shall be governed by subsection (a) of this Code section.

History

Code 1981, § 19-8-22, enacted by Ga. L.

1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 11, prior to revision of the chapter by Ga. L. 1977, p. 201, are included in the annotations for this Code section. Status acquired by adoption is determined by state creating adoption. - Status acquired by adoption, like that acquired by marriage, is a personal one, and the adoption’s validity is conclusively

determined by law of state creating the adoption, and if validly created there it will be recognized and given effect here though procedure by which it was created under foreign law is different from that required here. Watson v. Watson, 208 Ga. 512, 67 S.E.2d 704, 1951 Ga. LEXIS 420 (1951) (decided under Ga. L. 1941, p. 300, § 11 prior to revision of chapter by Ga. L. 1977, p. 201).

RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Adoption, § 36 et seq. C.J.S. 2 C.J.S., Adoption of Persons, § 139.

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

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Rokowski v. Gilbert, 620 S.E.2d 509 (Ga. Ct. App. 2005).

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Rokowski v. Gilbert, 620 S.E.2d 509 (Ga. Ct. App. 2005). · cites it 2× “22 The Gilberts argue that the document is entitled to recognition under OCGA § 19-8-22 (a), which requires courts in this state to recognize decrees of foreign courts “terminating the relationship of parent and child.”

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.