O.C.G.A.

O.C.G.A. § 19-8-42 (2019)

Petition for expedited order of adoption or parentage; notice; waiver of technical requirements

✓ 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) Prior to the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights.

(b) All petitions under this article shall be filed in the county in which any petitioner or any respondent resides.

(c) The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage.

(d) In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper.

History

Code 1981, § 19-8-42, enacted by Ga. L. 2009, p. 800, § 2/HB 388.

Annotations

JUDICIAL DECISIONS Venue proper. - Trial court was authorized to rule on the wife’s petition for an order of parentage because the petition was filed in the county where the wife resided. In the Interest of C. B., 353 Ga.

App. 363, 837 S.E.2d 517, 2019 Ga. App. LEXIS 701 (2019), cert. denied, No. S20C0765, 2020 Ga. LEXIS 640 (Ga. Aug. 10, 2020).

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: In the Interest of C. B., a Child (Ga. Ct. App. 2019).

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In the Interest of C. B., a Child (Ga. Ct. App. 2019). · cites it 14× “Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and shall vest such parental rights and responsibilities in the recipient intended parent.”

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.