During the recent Georgia legislative session, the Georgia legislature passed HB 154 which makes some changes to the Georgia Adoption Code (“Code”). The changes will be effective starting July 1, 2021. Whether you are a biological parent, prospective adoptive parent or attorney, there are some changes that you should be aware of that will impact the adoption process. Below is a summary of some of the revisions to the adoption Code.
Adoption Process: For Biological and Adoptive Parents
One of the most notable changes is the lower age requirement for adoptive parents (“petitioners”). Instead of requiring the adoptive parent be at least 25 years of age, the amended Code requires the adoptive parent only be at least 21 years old. With this change, any person who is at least 21 years of age may petition to adopt a child in Georgia.
Another change involves the deadline for the revocation of parental rights. In the adoption process, the individual surrendering his or her parental rights may revoke such surrender within four days. The change in the Code clarifies that if the revocation is mailed through USPS or statutory overnight delivery carrier, then the sender must tender the notice by 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. If the revocation is delivered in person, then the deadline remains 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day.
The Code has also been amended to permit service upon legal parents and biological fathers through certified mail. Before the change, only registered mail and statutory overnight delivery were acceptable mailing methods of serving legal parents and biological fathers to notify them that an adoption petition has been filed and how to protect their rights.
Additionally, the Code has been changed to except domestication of foreign adoptions and adult adoptions from the requirement that the petitioner undergo a criminal history records check. In other words, petitioners who seek to domesticate a foreign adoption or adopt an adult will no longer need to submit to a criminal records check.
Finally, the amended Code clarifies that whether a mother surrenders her parental rights in accordance with Georgia law or the law of another jurisdiction or has her parental rights involuntarily terminated by an order of a court of competent jurisdiction in Georgia or in another jurisdiction she no longer has the right or authority to sign a voluntaryacknowledgment of paternity or consent to the granting of a petition for legitimation regarding the same child.
Court Process: For Attorneys
If you are an attorney or legal practitioner, there are some procedural revisions and amendments that are relevant that you will need to be made aware regarding the adoption Code. Regarding the style of the adoption, the amended Code specifies that a petition for an adoption must be entitled, “In the interest of [insert name at birth of the child to be adopted], a child.” However, if on appeal, the child’s name shall be replaced by his or her initials to preserve anonymity.
Another change to the Code specifies that an out-of-state resident in which the Interstate Compact on the Placement of Children (ICPC) does not apply or a resident of another country may file a petition for adoption in Georgia. Before the change, this part of the Code provided that only an individual who was a resident in which ICPC applied was eligible to file a petition. Language has also been added to expand the places where the petition may be filed by such individuals. In addition to the county where the child was born, the petition may now also be filed in the county where the child resides or was residing at the time of placement.
The Code has also been amended to clarify that, when an agent is necessary to investigate the allegations in the petition for adoption and provide the court with a recommendation and a written report, it is the petitioner’s responsibility to request that the court appoint an agent for such purpose. It is also the petitioner’s responsibility to ensure that the report and recommendation are received by the court before the final hearing. The Code is further amended to allow a petitioner to suggest agents to the court by providing names of qualified agents.
Another notable change is that the amended Code establishes a presumption that an out-of-state petitioner may appear electronically (think: zoom) in court to finalize an adoption, if the petition is uncontested. Under this change, a nonresident of Georgia with an uncontested petition is presumed to have the opportunity to appear electronically in court, especially if appearing in person would be a hardship. For all other cases, there is no such presumption, and the court has the discretion to allow petitioners to appear electronically.
Unlawful Actions
The amended Code adds a new cause of action for which a victim can recover in a civil suit. It is now unlawful for an individual to knowingly make false representations about the existence of 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. In addition to imposing criminal sanctions, the court is now also authorized to require the violator make restitution to the victim harmed by such violations.
What Do These Changes Mean?
While this article provides a general overview of the 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.
HB 154 Article: Understanding the Changes to the Adoption Code