Title 19

(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…

(a) Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or…

(a) Adult individuals may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, …

(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 admi…

(a)(1) The original petition for adoption, all amendments, attachments, and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and ba…

(a)(1) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever which is not a child-placing agency, a prospective adoptive parent who has a valid, approved preplacement home study report, or an attorney who is a…

(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…

(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…

(a) As used in this Code section, the term “birth relative” means: (1) A parent, biological father who is not a 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…

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…

(a) Any individual may petition to adopt a child if he or she: (1) Is at least 21 years of age or is married and living with his or her spouse; (2) Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or …

(a) A child may be adopted through the department, any childplacing agency, or any out-of-state licensed agency only if each living parent and guardian of such child: (1) Has voluntarily and in writing surrendered all of his or her rights to the child to the department, a child-p…

(a) A child may be adopted by a third party who is neither the stepparent nor relative of that child, as such individuals are described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each living parent and guardian of such child has voluntarily and in writing surre…

(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…

(a) A child may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each living parent and guardian of such child has voluntarily and in writing surrendered to that…

(a)(1) A child, who was born in a country other than the United States and for whom a decree or order of adoption has been entered pursuant to due process of law by a court of competent jurisdiction or an administrative proceeding in the country of the child’s birth or the countr…

(a) Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to revoke such surrender by written notice delivered i…

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…

(a) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo trans…

(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 pa…

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…

(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…

In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and dec…

Pursuant to Code Section 9-11-3, and in addition to the filing requirements contained in Code Section 19-6-15, in all proceedings under this article the plaintiff shall file a domestic relations case filing information form as prescribed by the Judicial Council of Georgia. History. …

Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child’s best interest and welfare. History. Orig. Code 1863, § 1745; …

(a)(1) In all cases in which the custody of any child is at issue between the parents, there shall be no prima-facie right to the custody of the child in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, nor in favo…

(a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and …

(a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a child to present to the judge an agreement respecting any and all issues concerning custody of the child. As used in this Code section, the term “custody” shall inclu…

As used in this article, the term: (1) “Armed forces” means the national guard and the reserve components of the armed forces, the United States army, navy, marine corps, coast guard, and air force. (2) “Deploy” or “deployment” means military service in compliance with the milita…

(a) A judge may award visitation or parenting time to a parent who committed one or more acts involving family violence only if the judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation or par…

This article shall be known and may be cited as the “Georgia Child Custody Intrastate Jurisdiction Act of 1978.” History. Ga. L. 1978, p. 1957, § 1.

(a) The general purposes of this article are to: (1) Avoid jurisdictional competition and conflict by courts within this state in matters of child custody, which have in the past resulted in the shifting of children from county to county with harmful effects on their well-being; (…

As used in this article, the term: (1) “Legal custody” means the responsibility for the care and control of a minor, including, but not limited to, the power to make decisions regarding health care, education, extracurricular activities, and religious upbringing. (2) “Physical cu…

Stewart, 160 Ga. App. 463, 287 S.E.2d 378, 1981 Ga. App. LEXIS 3148 (1981). Garnishment as means of enforcing domestic monetary award. — As means of enforcing domestic monetary award, a garnishment action is as appropriate as a contempt action. Stewart v. Stewart, 160 Ga. App. 46…

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.

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 …

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.

This article may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.” History. Code 1981, § 19-9-40, enacted by Ga. L. 2001, p. 129, § 1.

In this article: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree, or other order of a court providing fo…

This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. History. Code 1981, § 19-9-42, enacted by Ga. L. 2001, p. 129, § 1.

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tri…

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and Part 2 of this article. (b) Except as otherwise provided in subsection (c) of this Code section, a child custody determination made in a fo…

A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with Code Section 19-9-47 or who have submitted to the jurisdiction of th…

If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. History. Code 1981, § 19-9-46, enacted by Ga. L. 2001, p. 12…

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calcul…

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reas…