0 chapters · 398 sections in this title.
O.C.G.A. § 19-7-4 Criteria for loss of parental custody
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If a child is found under circumstances of destitution and suffering, abandonment, or exposure or if the child has been begging or if it is found that the child is being reared under immoral, obscene, or indecent influences which are likely to degrade his moral character and devot…
O.C.G.A. § 19-7-40 Jurisdiction; administrative determination of paternity
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(a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary pr…
O.C.G.A. § 19-7-41 Service outside state
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In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapte…
O.C.G.A. § 19-7-42 Venue
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The action shall be brought in the county in which the alleged father resides, except that, if the alleged father is not a resident of this state, the action shall be brought in the county in which the child resides. 738 19-7-43 History. Code 1933, § 74-303, enacted by Ga. L. 198…
O.C.G.A. § 19-7-45 Genetic tests
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(a) All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-754. In all cases such tests shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so tha…
O.C.G.A. § 19-7-46 Evidence at trial
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(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent’s parentage, if available, unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of…
O.C.G.A. § 19-7-46.1 Local law enforcement agency
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Family violence, §19-13-4.1. Low-income persons. Child support, §19-6-15. Medical facilities. Abandoned newborns, §19-10A-2. Medical insurance obligee. Child support recovery act, §19-11-3. Medical insurance obligor. Child support recovery act, §19-11-3. 1373 INDEX DEFINED TERMS …
O.C.G.A. § 19-7-46.2 Temporary order of support
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(a) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicia…
O.C.G.A. § 19-7-47 Determination
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Child support recovery act. Legal proceedings, §19-11-13. Motion to set aside determination of paternity, §19-7-54. Voluntary acknowledgment, §19-7-46.1. 1415 INDEX PATERNITY —Cont’d Dismissal of civil action, §19-7-48. Evidence. Genetic testing, §19-7-46. Jury instructions on te…
O.C.G.A. § 19-7-48 Settlement, dismissal, or termination of civil action
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The child must be a party to a settlement agreement with the alleged father. The court must approve any settlement agreement, dismissal, or termination of the action which does not adjudicate the merits of the case. History. Code 1933, § 74-309, enacted by Ga. L. 1980, p. 1374, §…
O.C.G.A. § 19-7-49 Final order; effect; evidence of costs
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(a) On a finding that the alleged father is the father of the child, the court shall issue an order designating the alleged father as the father of the child. The sole effect of the order shall be to establish the duty of the father to support the child. (b) On a finding that the a…
O.C.G.A. § 19-7-5 Oral reports, §19-7-5
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Persons required to report, §19-7-5. Report based upon privileged communication, §19-7-5. To whom report made, §19-7-5. When mandated or authorized, §19-7-5. 1344 INDEX CHILD ABUSE AND NEGLECT —Cont’d Reproductive health care facilities. Reporting of child abuse, §19-7-5. Restrai…
O.C.G.A. § 19-7-50 Expenses of litigation
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The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court. History. Code 1933, §…
O.C.G.A. § 19-7-51 Order of support and other provisions
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The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section 19-6-15, or any other matter in the best interests of the child. History. Code 1933, § 74-312, enacte…
O.C.G.A. § 19-7-52 Termination of civil action, §19-7-48
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Third-party action for legitimation in response to petition to establish paternity, §19-7-22. Venue, §19-7-42. Visitation privileges. Voluntary acknowledgment. Establishing paternity for future orders, §19-7-46.1. Voluntary acknowledgment, §19-7-46.1. Hospital program for establi…
O.C.G.A. § 19-7-53 Confidentiality of hearings
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Upon motion of any party, any hearing or trial held under this article may be held in closed court without the admittance of any person other than those necessary to the action or proceeding. History. Code 1933, § 74-314, enacted by Ga. L. 1980, p. 1374, § 1.
O.C.G.A. § 19-7-54 Motion to set aside determination of paternity
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(a) Unless otherwise specified in this Code section, in any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion…
O.C.G.A. § 19-7-6 Reporting of juvenile drug use
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(a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the unlawful use and abuse of controlled substances or marijuana. The General Assembly recognizes the need for early interve…
O.C.G.A. § 19-8-1 Definitions
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For purposes of this article, the term: (1) “Alaskan native” means a member of the Alaska Native Regional Corporations formed under the Alaska Native Claims Settlement Act of 1971 (ANCSA). (2) “Biological father” means a male who impregnated the biological mother resulting in the…
O.C.G.A. § 19-8-10 When required, §19-8-4
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Withdrawal of termination. How and when withdrawn, §19-8-26. 1441 INDEX TERMINATION OF PARENTAL RIGHTS —Cont’d Child abuse and neglect, §19-7-1. Contractual relinquishment of parental rights, §19-7-1. Cruel treatment of child, §19-7-1. Emancipation of minor, §19-7-1. Embryo adopt…
O.C.G.A. § 19-8-11 Expert witness fees
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Dependent child, §19-10-1. Husband and wife. Dependent pregnant wife, §19-10-2. Minors. Dependent children, §19-10-1. Public assistance recipients. Department’s duty to enforce support, §19-11-8. Termination of parental rights. Adoption, §19-8-11. Newborns. Safe place for newborn…
O.C.G.A. § 19-8-12 Limitation of actions
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Challenges to decrees, §19-8-18. Loss of parental power. How lost, §19-7-1. Medical records of adopted child. Forwarding to adoptive parents or adoptee, §19-8-23. Military personnel. Surrender of rights to child. Affidavit, execution. Adoption by relative, §19-8-7. Adoption throu…
O.C.G.A. § 19-8-13 Guardian ad litem
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Appointment, §19-8-17. Guardian and ward. Surrender or termination of guardian’s rights. Acknowledgment of surrender, §19-8-4. Compliance with interstate compact on placement of children, §19-8-4. 1329 INDEX ADOPTION —Cont’d Guardian and ward —Cont’d Surrender or termination of g…
O.C.G.A. § 19-8-14 Definitions
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Jurisdiction and venue of adoption proceedings. Who may adopt a child; when petition must be filed in names of both spouses. Adoption through the department, child-placing agency, or out-of-state licensed agency. Third party adoption by party who is not stepparent or relative of c…
O.C.G.A. § 19-8-15 Objections to petition for adoption
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(a) As used in this Code section, the term “family member” shall have the same meaning as set forth in Code Section 19-7-3. (b) If a legal mother and biological father, whether he was a legal father or not, of the child who is the subject of the proceeding are both deceased, rega…
O.C.G.A. § 19-8-16 Foreign decrees
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Adoption based upon foreign decree, §19-8-8. Decree of adoption, domesticating foreign decree, §19-8-18. Recognition and effect of decrees, §19-8-22. Forms.
O.C.G.A. § 19-8-17 SURETYSHIP
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Attachment. Right of surety or endorser upon written instrument. Right to attach property of principal, §18-3-8. SURRENDER OF PARENTAL RIGHTS. Forms, how executed, §19-8-26. Orphans, adoption without surrender, §19-8-28. Third party adopting child, §19-8-5. Voluntary surrender of…
O.C.G.A. § 19-8-18 Objections, §19-8-15
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“Petitioner” defined, §19-8-1. Postadoption contact agreements, enforcement, modification or termination, §19-8-27. Release of certain information, §19-8-23. Termination of parental rights, §19-8-11. Third party adopting, surrender of parental rights, §19-8-5. Time of hearing, §19-…
O.C.G.A. § 19-8-19 Effect of decree of adoption
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(a) A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state: (1) Except with respect to a spouse of the petitioner and relatives…
O.C.G.A. § 19-8-2 Jurisdiction and venue of adoption proceedings
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(a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption. (b) All petitions for adoption under this article shall be filed in the county in which any petitioner resides, except that: (1) Upon good cause being shown, the court may…
O.C.G.A. § 19-8-21 Definitions, §19-8-1
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Disclosures and warnings in postadoption contact agreements, §19-8-27. Dissolution by operation of law. Legal mother’s execution of surrender of parental rights final release for adoption. Child legitimated by biological father and adoption petition withdrawn or denied, §19-8-12. …
O.C.G.A. § 19-8-22 Forms
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Adoption certificate, §19-8-20. Termination of parental rights, §19-8-26. Grandparents with visitation rights.
O.C.G.A. § 19-8-23 HEALTH CARE FACILITIES
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Baby drop off law, §§19-10A-1 to 19-10A-8. Safe place for newborns, §§19-10A-1 to 19-10A-8. HEALTH INSURANCE. Child support. Accident insurance coverage for child, §§19-11-26 to 19-11-29. Adjusted support obligation. Costs of premiums, §19-6-15. Inclusion in order for support, §1…
O.C.G.A. § 19-8-24 SENTENCING
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Suspension of sentences. Abandonment of dependent child, §19-10-1. SEPARATE PROPERTY OF SPOUSE, §19-3-9. SEPARATION OF SPOUSES. Permanent alimony authorized, §19-6-4. Agreement for support as bar, §19-6-8.
O.C.G.A. § 19-8-25 Effect of prior consent or surrender of rights
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(a) A written consent or surrender of rights, executed on or before August 31, 2018, shall, for purposes of an adoption proceeding commenced on or after September 1, 2018, be deemed to satisfy the surrender requirements of this article and it shall not be necessary to have any pa…
O.C.G.A. § 19-8-26 Forms
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(a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form: “SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal docum…
O.C.G.A. § 19-8-27 Payor
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Income deduction orders or medical support notice for award of child support, §19-6-32. Notice and service of income deduction orders, §19-6-33. Periodic support. Garnishment, continuing garnishment for support, §18-4-50. Person. Debt adjustment, §18-5-1. Uniform child custody ju…
O.C.G.A. § 19-8-28 Adoption of an orphan
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When a child is an orphan, the petitioner shall not be required to have a guardian appointed for such child in order for a guardian to execute a surrender of rights. Such child shall be adoptable without a surrender of rights. History. Code 1981, § 19-8-28, enacted by Ga. L. 2018…
O.C.G.A. § 19-8-4 Law reviews
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— For article, ‘‘Interstate Cooperative Institutionalization — Sec. 39-4-8. 39-4-9. 39-4-10. Standards for determination of financial responsibility for children placed pursuant to compact. Applicability of Code Section 49-5-15 to placements made pursuant to compact. Satisfaction …
O.C.G.A. § 19-8-40 Definitions
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As used in this article, the term: (1) “Embryo” or “human embryo” means an individual fertilized ovum of the human species from the single-cell stage to eight-week development. (2) “Embryo relinquishment” or “legal transfer of rights to an embryo” means the relinquishment of righ…
O.C.G.A. § 19-8-41 Order of adoption or parentage
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Expedited order of adoption. Petition for expedited order of adoption or parentage, §19-8-42. Finality of orders of adoption or parentage, §19-8-43. 1396 INDEX HUMAN EMBRYO ADOPTION —Cont’d Presumption of parentage, §19-8-41. HUMAN LEUCOCYTE ANTIGEN TESTING. Paternity. Rebuttable…
O.C.G.A. § 19-8-42 Long arm statute
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Paternity determination, §19-7-41. Mail service. Garnishment. Continuing garnishment of employers, §18-4-41. 1427 INDEX SERVICE OF PROCESS —Cont’d Mail service —Cont’d Garnishment —Cont’d Method of service, §18-4-8. Paternity proceedings. Service outside state, §19-7-41. Proof of…
O.C.G.A. § 19-8-43 Finality of orders of adoption or parentage
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Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this article, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights a…
O.C.G.A. § 19-8-5 Evidence
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Issuance of adoption certificate, §19-8-20. Applicability to adult persons, §19-8-21. Family members with visitation rights. Service of copy of petition upon, §19-8-13. Financial assistance.
O.C.G.A. § 19-8-6 Stepparent adoption
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(a)(1) A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his or her rights to the child to that spouse for the p…
O.C.G.A. § 19-8-9 Revocation of surrender, §19-8-9
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Only one parent still living, adoption by spouse of parent, §19-8-6. Orphans, adoption without surrender, §19-8-28. Petition for adoption to include certificate from putative father registry, §19-8-13. Pre-birth surrender. Execution of surrender. Adoption by non relative third par…
O.C.G.A. § 19-9-1 Parenting plans; requirements for plan
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(a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parentin…
O.C.G.A. § 19-9-101 Promotion of uniformity between states
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In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History. Code 1981, § 19-9-101, enacted by Ga. L. 2001, p. 129, § 1. 19-9-102. Application.
O.C.G.A. § 19-9-102 Application
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A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 1, 2001, is governed by the law in effect at the time the motion or other request was made. History. Code 1981, § 19-9-102, enacted …
O.C.G.A. § 19-9-103 Construction
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This article shall not be construed to repeal, amend, or impair the provisions of Code Section 19-13-23. History. Code 1981, § 19-9-103, enacted by Ga. L. 2001, p. 129, § 1. 1058 19-9-121 19-9-104. Conflicts with Child Custody Intrastate Jurisdiction Act. In the event of any confli…