§ 19-8-16.Investigation by court-appointed agent; criminal history records check for adoption petitioners
Chapter 8. Adoption · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026
In one sentenceO.C.G.A. § 19-8-16 requires a court-appointed agent to investigate most Georgia adoptions and report to the judge, says when that investigation can be skipped, requires a fingerprint criminal history check of petitioners, and caps the investigation cost at $250.00 unless the court authorizes more.
(a)Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including any specific issue the court requests to be investigated, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The petitioner may assist the court by providing names of qualified individuals or agencies to serve as the court's agent. The agent may be the department, a child-placing agency, an evaluator, or an individual who the court determines is qualified to conduct the required investigation. The agent appointed by the court shall also provide the petitioner or his or her attorney with a copy of its report. If for any reason the agent appointed by the court finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the investigation and report prepared. The investigation required by this Code section shall be in addition to the requirement of a home study in the case of a petition for adoption filed pursuant to Code Section 19-8-5.
(b)If the petition for adoption has been filed pursuant to Code Section 19-8-6 or 19-8-7, the court shall be authorized but shall not be required to appoint an agent to make an investigation pursuant to subsection (a) of this Code section; provided, however, that a home study shall not be required.
(1)If the petition for adoption has been filed pursuant to Code Section 19-8-8, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required.
(2)If the petition for adoption has been filed pursuant to Code Section 19-8-4 and the department or child-placing agency has consented to the adoption, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required.
(d)The court shall require the petitioner to submit to a criminal history records check except when the petitioner is brought pursuant to either Code Section 19-8-8 or Code Section 19-8-21. The petitioner shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall obtain an appropriate report. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The center shall notify the court in writing of the presence or absence of any criminal record from the state fingerprint records check. In those cases when the petitioner has submitted a fingerprint based criminal history report that includes the results of a records search of both the Georgia Crime Information Center and the Federal Bureau of Investigation to the department, child-placing agency, or evaluator as part of the home study and such results are dated within 12 months of filing of the petition for adoption and are included in the home study report filed with or otherwise made available to the court, such results shall satisfy the requirements of this subsection. Because the court shall not be authorized to share the results of the fingerprint records check with the agent appointed by the court pursuant to subsection (a) or (e) of this Code section, the court shall determine the acceptability of the petitioner's criminal history, inform the petitioner or his or her attorney at least five days prior to the final hearing on the petition for adoption if the court will require additional evidence with respect to the petitioner's criminal history or if the court is inclined to deny such petition because of such criminal history, and afford the petitioner or his or her attorney an opportunity to present evidence as to why the petitioner's criminal history should not be grounds for denial of such petition.
(e)The court shall require the petitioner to reimburse the agent appointed by the court, including the department, for the full cost of conducting the investigation and preparing its report. Such cost shall not exceed $250.00 unless specifically authorized by the court, provided that the court shall furnish the petitioner or his or her attorney with written notice of the name of the agent that the court intends to appoint and the amount of any increased costs, together with a request to agree to pay such increased costs. If the petitioner does not agree to pay the increased costs, then the petitioner shall have an opportunity to present to the court information regarding other persons that are qualified to conduct the investigation and render the report to the court and the cost of their services, and the court shall appoint the person that is qualified to conduct the investigation and render the report to the court at the lowest cost to the petitioner.
End
Plain-English Summary
Before the adoption hearing, the agent the court appoints must check the facts in the petition, investigate the whole matter (including any issue the judge flags), and send the court a written report with findings and recommendations. The petitioner gets a copy. The agent may be the department, a child-placing agency, an evaluator or another person the court finds qualified, and the petitioner may suggest names. An agent that can’t do the work must tell the court immediately, or at least within 20 days after receiving the request, so the judge can make other arrangements. In a third-party adoption under § 19-8-5, this investigation comes on top of the required home study.
Not every adoption needs an agent. In stepparent adoptions (§ 19-8-6) and relative adoptions (§ 19-8-7), the court may appoint one but doesn’t have to, and no home study is required. No agent is required for a foreign adoption under § 19-8-8, or for an agency adoption under § 19-8-4 when the department or agency has consented.
The court shall require each petitioner to undergo a criminal history check, except in foreign adoptions under § 19-8-8 and adult adoptions under § 19-8-21. The petitioner submits fingerprints and the fee to the Georgia Crime Information Center, which runs a state search, sends the prints to the FBI, and tells the court in writing whether a state record exists. A fingerprint-based report covering both the state and FBI searches, done for the home study, dated within 12 months of the petition’s filing and included in the home study report, satisfies the requirement. The court can’t share the results with its agent, so the judge decides whether the history is acceptable. If the judge wants more evidence or is inclined to deny the petition because of it, the court must tell the petitioner at least five days before the final hearing and give the petitioner a chance to explain why the record shouldn’t defeat the adoption.
The petitioner reimburses the agent’s full cost, which may not exceed $250.00 unless the court specifically authorizes more. Before raising the cost, the court must give written notice of the agent it plans to appoint and the higher amount and ask the petitioner to agree. A petitioner who won’t agree may propose other qualified investigators and their prices, and the court shall appoint the qualified person who will do it at the lowest cost. The section was last amended in 2021.
Frequently Asked Questions
Does every Georgia adoption require a court investigation or home study?
No. An investigation by a court-appointed agent is the general rule, but none is required for a foreign adoption under § 19-8-8 or for an agency adoption under § 19-8-4 when the department or agency has consented. In stepparent and relative adoptions under §§ 19-8-6 and 19-8-7, the court may appoint an agent but doesn’t have to, and no home study is required. Third-party adoptions under § 19-8-5 need both a home study and the investigation.
Is a criminal background check required to adopt in Georgia?
Yes, in most adoptions. The court shall require each petitioner to submit to a criminal history records check, except in foreign adoptions under § 19-8-8 and adult adoptions under § 19-8-21. The petitioner sends fingerprints and the fee to the Georgia Crime Information Center, which searches its records, forwards the prints to the FBI, and reports to the court in writing on the state results.
Can a criminal record stop an adoption in Georgia?
It can, but the judge decides. The court determines whether a petitioner’s criminal history is acceptable. If it needs more evidence or is inclined to deny the petition because of that history, the court must tell the petitioner or the attorney at least five days before the final hearing and give the petitioner a chance to present evidence that the record shouldn’t be grounds for denial. Criminal history is also one of the best-interest factors in § 19-8-18.
How much does the adoption investigation cost in Georgia?
The petitioner pays the agent’s full cost, but it may not exceed $250.00 unless the court specifically authorizes more. To do that, the court must send written notice naming the agent and the increased cost and ask the petitioner to agree. If the petitioner doesn’t agree, the petitioner may present other qualified investigators and their prices, and the court shall appoint the qualified person who will charge the petitioner the least.
Can I use the background check from my home study for the adoption?
Yes, if it meets the section’s terms. The report must be fingerprint-based, include searches of both the Georgia Crime Information Center and the FBI, have been submitted to the department, agency or evaluator as part of the home study, be dated within 12 months of the petition’s filing, and be included in the home study report filed with or made available to the court.
Amendment History
Laws 1990, p. 1572, § 5; Laws 1991, p. 1640, § 7; Laws 1992, p. 6, § 19; Laws 1992, p. 2505, § 1; Laws 2003, Act 207, § 5, eff. July 1, 2003; Laws 2007, Act 15, § 1, eff. July 1, 2007; Laws 2009, Act 102, § 2-4, eff. July 1, 2009; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2021, Act 140, § 10, eff. July 1, 2021.
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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