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2018 Georgia Code 19-8-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-24 Case Law from Google Scholar Amendments to OCGA 19-8-24

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-24. (Effective until September 1, 2018) Unlawful advertisements; unlawful inducements; penalties.

  1. It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
    1. Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or
    2. Directly or indirectly hold out inducements to parents to part with their children.

      As used in this subsection, "inducements" shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child.

  2. It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this chapter.
  3. Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisonment for not more than ten years, or both, in the discretion of the court.
    1. Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
      1. Adopt a child or children; or
      2. Place that individual's child or children for adoption,

        whether the communication occurs before or after the birth of such child or children.

    2. Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorney's name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication.

(Code 1981, §19-8-24, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 94, § 19; Ga. L. 1991, p. 1640, § 11; Ga. L. 2004, p. 449, § 1.)

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.

Cross references.

- False, misleading, advertising, § 10-1-420 et seq.

Cases Citing O.C.G.A. § 19-8-24

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Douglas v. State, 438 S.E.2d 361 (Ga. 1994).

Cited 14 times | Published | Supreme Court of Georgia | Jan 24, 1994 | 263 Ga. 748, 94 Fulton County D. Rep. 238

...Wright & Hyman, G. Russell Wright, for appellant. John C. Pridgen, District Attorney, Denise D. Fachini, Assistant District Attorney, for appellee. FLETCHER, Justice. Sandy Jean Douglas was convicted of inducing a mother to part with her child in violation of OCGA § 19-8-24 (a) (2) by purchasing a used car for the mother of the child in exchange for physical custody or control of the child. Douglas pled guilty to the offense but reserved her right to challenge the constitutionality of § 19-8-24 (a) (2) on vagueness grounds. [1] We find § 19-8-24 (a) (2) is sufficiently clear to advise a person of ordinary intelligence of the conduct proscribed and affirm. *749 1. OCGA § 19-8-24 (a) (2) makes it unlawful for a person or entity other than a licensed child-placing agency to "directly or indirectly, hold out inducements to parents to part with their children." Douglas contends that the statute's description of prohib...
...427 (395 SE2d 816) (1990), and provide explicit standards to those who enforce the law in order to prevent arbitrary enforcement. Grayned v. City of Rockford, 408 U. S. 104, 108 (92 SC 2294, 33 LE2d 222) (1972). On this appeal, the sufficiency of the notice provided by § 19-8-24 (a) (2) must be considered in light of the specific conduct engaged in by Douglas and not abstract or marginal offenses....
...Village of Hoffman Estates v. Flipside, 455 U. S. 489, 495 (102 SC 1186, 71 LE2d 362) (1982); United States v. Mazurie, 419 U. S. 544, 550 (95 SC 710, 42 LE2d 706) (1975); United States v. Nat. Dairy Products Corp., 372 U. S. 29, 34 (83 SC 594, 9 LE2d 561) (1963). 3. OCGA § 19-8-24 (a) defines the term "inducement" to include any direct or indirect financial assistance except "payment or reimbursement of the medical expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child." Thus, § 19-8-24 (a) (2) provides clear warning that if a person provides any financial assistance to a parent other than that specifically excluded from the definition set forth in the statute, that person provides an "inducement" to the parent. In order to violate § 19-8-24 (a) (2), however, the financial assistance must be held out to induce parents to "part" with their child....