In the Georgia Adoption Code (“Code”), there is a section that lays out certain unlawful actions related to adoption (see O.C.G.A. § 19-8-24). HB 154, the recently passed legislation that makes some changes to the Code effective July 1, 2021, adds more unlawful actions and enacts more penalties for violations. Whether you are a biological parent or prospective adoptive parents, this section and these revisions are important so that you can avoid committing or succumbing to unlawful, fraudulent behavior.
What Has HB 154 Changed?
Before HB 154, the Code made it unlawful for individuals to knowingly accept expenses related to the adoption of her child or unborn child if she knows that she is not pregnant or the legal mother. The Code also prohibited an individual from knowingly accepting expenses from an adoption agency or an attorney without first disclosing that she or he is already receiving expenses from another adoption agency or attorney for the same child.
While these prohibitions are still fully intact, HB 154 expands this section to further prohibit individuals from making false representations about the existence of a pregnancy or the intention to place a child for adoption. If an individual makes false representations that cause a person to reasonably rely on such representations, resulting in that person to spend money or take steps towards adopting a child, then such an individual is liable.
What Does This Section and the Changes Mean?
This section and these changes mean a few things. First, an individual cannot accept money for adoption related expenses if she knows that she is not pregnant or knows that the person purported to be offering the child for adoption has no intention of placing the child for adoption, and such representations cause another to expend financial resources or take or specific steps, including, but not limited to, travel or retaining the services of an attorney, agency, or social worker, toward adoption of a child in reasonable reliance on such representations. For instance, if a woman knows that she is not pregnant, it is unlawful for her to accept money related to the adoption process, which includes payment for medical expenses related to pregnancy, counseling services related to adoption, or living expenses.
Additionally, an individual cannot receive expenses from more than one adoption agency or attorney for the adoption of the same child without first disclosing the expenses to subsequent agencies or attorneys. For example, suppose a birth mother is already receiving money from an adoption agency for her pregnancy related medical expenses. If other prospective adoptive parents want to pay for her living expenses, the birth mother must disclose the payments she is receiving from the adoption agency to these prospective adoptive parents if such payments are for the same child.
Furthermore, the changes set forth in HB 154 make it unlawful for an individual to make untrue statements about the existence of a pregnancy or the intention to place a child for adoption, which cause people to spend money toward adopting the child because they had relied on the statements. Practically, what does this mean? Suppose a woman is telling prospective adoptive parents that she will be placing her unborn child up for adoption, but she is either not pregnant or she does not intend to place her child for adoption. If these prospective adoptive parents rely on her statements and hire an adoption attorney, then the woman has committed a felony, and the prospective parents could sue. Note, these provisions are not exclusive to the biological or legal parents. Anyone who commits these acts are liable under these provisions.
What are the Consequences of a Violation?
Any person who violates this part of the Code is guilty of a felony. If convicted, the individual will be fined no more than $10,000, imprisoned for one to ten years, or both. The court may also require the convicted individual to make restitution, which is a money payment, to a victim harmed by such violation. The amount of restitution resides in the discretion of the court.
Additionally, HB 154 adds a civil tort action to this section. Now, any person who is seeking to adopt or is seeking to place a child for adoption, who is then damaged by a violation of this Code, may sue the violator.
Questions?
While this article provides a general overview of the recent changes to the Georgia Adoption Code, it is important to know how these changes will affect your particular adoption journey. To ensure your questions and concerns are fully answered, please contact Christina E. Campbell of The Campbell Law Practice, LLC to discuss your adoption needs.