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2018 Georgia Code 19-8-27 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-27 Case Law from Google Scholar Amendments to OCGA 19-8-27

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-27. (Effective until September 1, 2018) Postadoption contact agreements; definitions; procedure; jurisdiction; warnings; enforcement or termination; modification; costs and expenses of mediation, alternative dispute resolution, and litigation.

  1. As used in this Code section, the term "birth relative" means:
    1. A parent, biological father who is not the legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or
    2. A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted.
    1. An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child.A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement.
    2. A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives.
    3. In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions.
    4. Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition of adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section.
    5. Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.
  3. A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type:
    1. After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and
    2. A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
    1. As used in this subsection, the term "parties" means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third party beneficiary to such agreement.
    2. A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement.A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.
  5. With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition of adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child.
  6. With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification.Such petition shall be filed with the court that granted the petition of adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed.
  7. A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution.
  8. All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement.Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party.
  9. A court shall not set aside a decree of adoption, rescind a surrender, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement.

(Code 1981, §19-8-27, enacted by Ga. L. 2013, p. 1097, § 1/HB 21.)

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.

ARTICLE 1 GENERAL PROVISIONS (EFFECTIVE SEPTEMBER 1, 2018)
Delayed effective date.

- Article 1 of Chapter 8 is set out twice in this Code. The first version is effective until September 1, 2018, and the version below becomes effective on that date.

Cross references.

- Issuance of new birth certificate following adoption and legitimacy or paternity determination, § 31-10-14.

Powers and duties of Department of Human Resources regarding children and youth services generally, § 49-5-1 et seq.

Administrative Rules and Regulations.

- Rules and regulations for child placing agencies, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Office of Regulatory Services, Subject 290-9-2.

Law reviews.

- For article on virtual adoption, see 15 Mercer L. Rev. 335 (1964). For article advocating revision of former adoption statute governing inheritance by an adopted child, see 4 Ga. L. Rev. 505 (1970). For article surveying legislative and judicial developments in Georgia's divorce, alimony and child custody laws for 1978-79, see 31 Mercer L. Rev. 75 (1979). For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey article on domestic relations, see 50 Mercer L. Rev. 217 (1998). For note on permissive intervention of grandparents in divorce proceedings, see 26 Ga. L. Rev. 787 (1992). For note on 1991 amendments to this chapter, see 8 Ga. St. U. L. Rev. 57 (1992). For note on 1999 amendments to sections in this chapter, see 16 Ga. St. U. L. Rev. 62 (1999). For comment, "Surrogate Mother Contracts: Analysis of a Remedial Quagmire," see 37 Emory L.J. 721 (1988).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Article 1 of Chapter 8 of Title 19 prior to the enactment of Ga. L. 1990, p. 1572, § 5 are included in the annotations for this article.

Adoption statutes should be strictly construed and meticulously followed so that beyond all preadventure the adoption will not later be subject to attack. Nelson v. Taylor, 244 Ga. 657, 261 S.E.2d 579 (1979); Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983) (decided under former T. 19, C. 8, A. 1).

Rights and obligations not altered until date of final order.

- General intent appears to be that rights and obligations of a natural parent, and those of an adopting parent, to a child are not conclusively altered until date of final order of adoption. Johnson v. Parrish, 159 Ga. App. 613, 284 S.E.2d 111 (1981) (decided under former T. 19, C. 8, A. 1).

Attorney for child not required.

- Adoption statutes do not require the appointing of an attorney for the child. Arrington v. Hand, 193 Ga. App. 457, 388 S.E.2d 52 (1989) (decided under former T. 19, C. 8, A. 1).

Appeal of adoption decision.

- When a father's petition for legitimation was denied, the appellate court did not have jurisdiction to review the order because the father had failed to follow the discretionary procedures to appeal pursuant to O.C.G.A. § 5-6-35(a)(2), nor did he file his application for such review within the time period allowed by § 5-6-35(d); his appeal from an order terminating his parental rights and allowing adoption of the minor by the stepfather, pursuant to O.C.G.A. § 19-8-1 et seq., was also denied since the issues that the father raised related to the lack of a hearing on his legitimation proceeding, which was already determined to not be reviewable. In the Interest of C.M.L., 260 Ga. App. 502, 580 S.E.2d 276 (2003).

Cited in Beasley v. Burt, 201 Ga. 144, 39 S.E.2d 51 (1946); Herrin v. Graham, 87 Ga. App. 291, 73 S.E.2d 572 (1952); Jones v. Harrison, 210 Ga. 373, 80 S.E.2d 155 (1954).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former T. 19, C. 8, A. 1 prior to the enactment of Ga. L. 1990, p. 1572, § 5 are included in the annotations for this article.

Effect of 1977 revision of chapter on Ch. 10 of T. 31. - Although 1977 revision of this chapter did not deal with legitimation or subsequent marriage of parents, interpretation of relevant birth certificate provisions in Ch. 10 of T. 31 must take into account this latest legislative statement of public policy. 1980 Op. Att'y Gen. No. 80-58 (decided under former T. 19, C. 8, A. 1).

RESEARCH REFERENCES

ALR.

- Modern status of law as to equitable adoption or adoption by estoppel, 97 A.L.R.3d 347.

Natural parent's parental rights as affected by consent to child's adoption by other natural parent, 37 A.L.R.4th 724.

Required parties in adoption proceedings, 48 A.L.R.4th 860.

Action for wrongful adoption based on misrepresentation of child's mental or physical condition or parentage, 56 A.L.R.4th 375.

Postadoption visitation by natural parent, 78 A.L.R.4th 218.

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.

Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.

Adoption of child by same-sex partners, 27 A.L.R.5th 54.

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