§ 19-8-14.Timing of adoption hearing; record retention; clerk’s duties
Chapter 8. Adoption · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026
In one sentenceO.C.G.A. § 19-8-14 sets the timing of a Georgia adoption hearing — no sooner than 45 days after filing as a rule, with a 120-day goal for uncontested cases — and tells the clerk to accept the petition and send copies to the state and the court’s investigator within 15 days.
(a)It is the policy of this state that, in the best interests of the child, uncontested adoption petitions shall be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders of rights, or certificates required by this article within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing, taking into account the circumstances of the petition and the best interests of the child.
(b)Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept such petition as filed. Such petition shall not be subject to court approval before it is filed.
(c)Upon the filing of the petition for adoption, the court shall fix a date upon which such petition shall be considered, which date shall be not less than 45 days from the date of the filing of such petition and shall not be less than 30 days following the last date a parent or biological father is deemed to have received service of notice as required in those cases when Code Section 19-8-10 or 19-8-12, or both, is applicable.
(d)In those cases where the court is required to appoint an agent pursuant to subsection (a) of Code Section 19-8-16 to conduct an investigation and make a written report and recommendation to the court, it shall be the petitioner's responsibility to request that the court appoint the agent if the court does not do so sua sponte. Notwithstanding subsections (a) and (c) of this Code section, it shall be the petitioner's responsibility to request that the court hear the petition for adoption on a date that allows sufficient time for fulfillment of the notice requirements of Code Sections 19-8-10 and 19-8-12 and for receipt of the agent's written report and recommendation prior to the hearing, when applicable.
(e)In the best interests of the child, the court may hear the petition for adoption less than 45 days from the date of its filing upon a showing by the petitioner that no further notice is required or any statutory requirement of notice to any individual will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date.
(f)The court in the child's best interests may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, a home study, and reports or for other good cause shown.
(g)Copies of the petition for adoption and all documents filed in connection therewith, including, but not limited to, the order fixing the date upon which such petition shall be considered, motions, other pleadings filed, all orders entered in connection with such petition, and all exhibits, surrenders of rights, or certificates required by this article, shall be forwarded by the clerk to the department within 15 days after the date of such filing for retention by the State Adoption Unit of the department.
(h)Copies of the petition for adoption, the order fixing the date upon which such petition shall be considered, and all exhibits, surrenders of rights, or certificates required by this article shall be forwarded by the clerk to the agent appointed by the court pursuant to Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by Code Section 19-8-16.
(i)The clerk of court shall provide the petitioner or his or her attorney with a copy of the petition for adoption and of each amendment, motion, and other pleading filed with a stamp confirming the date each pleading was filed with the court and shall also provide the petitioner or his or her attorney with a copy of each order entered by the court in the adoption proceeding, confirming the date the order was filed of record by the court.
End
Plain-English Summary
Georgia wants adoptions decided promptly. State policy calls for an uncontested petition to be heard as soon as possible and no later than 120 days after filing, unless the petitioner hasn’t arranged for the court to receive the investigation report required by § 19-8-16 or hasn’t supplied all the required exhibits, surrenders and certificates in that time. In a contested case, the parties must make every effort to get the petition heard as soon as practical. The clerk must accept a petition filed with the fee (unless the fee is waived); the petition doesn’t need a judge’s approval before filing.
When the petition is filed, the court sets a hearing date. That date must be at least 45 days after filing. When § 19-8-10 (adoption without a parent’s surrender) or § 19-8-12 (notice to a biological father) applies, it must also be at least 30 days after the last date a parent or biological father is deemed to have received notice. The court may hear the case sooner than 45 days, in the child’s best interests, if the petitioner shows that no more notice is needed or that notice will be completed earlier, and that any required § 19-8-16 report is done or will be done in time. The court may also grant expedited hearings or continuances as needed to finish notice, investigations, a home study and reports, or for other good cause.
The petitioner carries some of the scheduling load. If the court must appoint an investigating agent under § 19-8-16 and hasn’t done so on its own, the petitioner must ask. The petitioner must also ask for a hearing date that leaves enough time for the notices and for the agent’s report to arrive before the hearing. The clerk, for its part, must send copies of the petition and everything filed with it to the department within 15 days for the State Adoption Unit, send the agent the key papers within 15 days with a request for the investigation, and give the petitioner date-stamped copies of every filing and order. The section was last amended in 2021.
Frequently Asked Questions
How long does an uncontested adoption take in Georgia?
State policy calls for an uncontested petition to be heard as soon as possible and no later than 120 days after filing. That goal doesn’t hold if the petitioner hasn’t arranged for the court to receive the § 19-8-16 investigation report or hasn’t provided all required exhibits, surrenders and certificates in that time. The hearing ordinarily can’t be set sooner than 45 days after filing, though the court may shorten that in some cases.
Can a Georgia adoption hearing happen sooner than 45 days after filing?
Yes. In the child’s best interests, the court may hear the petition earlier if the petitioner shows that no further notice is required, or that any required notice will be completed earlier, and that any § 19-8-16 report has been or will be completed earlier. The court may also grant expedited hearings when needed. Whether to move the date up is the judge’s call.
How long after a biological father is served can the adoption hearing be held?
At least 30 days. When § 19-8-10 or § 19-8-12 applies, the hearing date may not be less than 30 days after the last date a parent or biological father is deemed to have received notice. The 45-day minimum after filing still applies too, so the hearing waits for whichever date comes later. The petitioner is responsible for asking for a date that leaves time for these notice requirements.
Does a judge have to approve an adoption petition before the clerk files it?
No. When the petition is filed with the filing fee, or with the fee waived, the clerk must accept it as filed. The section says the petition isn’t subject to court approval before filing. Once it’s filed, the court sets the date on which it will be considered.
Who is responsible for getting the adoption investigator appointed?
The petitioner. When § 19-8-16 requires the court to appoint an agent to investigate and report, and the court hasn’t done so on its own, the petitioner must ask the court to make the appointment. Once an agent is appointed, the clerk sends the agent copies of the petition, the order setting the hearing date and the required exhibits within 15 days after filing, along with a request for the investigation.
Source & verification. Section text and amendment history are reproduced
verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and
checked word for word against the Georgia Code Revision Commission’s public-domain edition and
the acts that later amended it. Section headings are the Code’s official catchlines.
Last verified October 9, 2026.
· Official source
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