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§ 19-8-17.Report and findings of investigating agent; dismissal of petition; appointment of guardian ad litem

Chapter 8. Adoption · Article 1. General Provisions · Last amended 2018 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-8-17 lists what the court-appointed investigator’s adoption report must cover, lets the investigator ask the court to dismiss a petition it disapproves, and provides for a guardian ad litem when the child’s interests may conflict with a petitioner’s.

Full Text of § 19-8-17

Text sizeJump to: (a) (b) (c)

(a) The report and findings of the investigating agent appointed by the court pursuant to Code Section 19-8-16 shall include, among other things, the following:
(1) Verification of allegations contained in the petition for adoption;
(2) Circumstances under which the child came to be placed for adoption;
(3) Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;
(4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
(5) Whether or not the adoption is in the best interests of the child, including his or her general care;
(6) Suitability of the home to the child;
(7) If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with;
(8) Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and
(9) Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent.
(b) If the report of the investigating agent disapproves of the adoption of the child, motion may be made by the investigating agent to the court to dismiss the petition for adoption and the court after hearing such motion shall be authorized to dismiss such petition. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Court of Appeals or Supreme Court, as in other cases, as provided by law.
(c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.
End

Plain-English Summary

This section tells the investigating agent appointed under § 19-8-16 what its report must address, among other things. The report verifies the petition’s allegations and explains how the child came to be placed for adoption. It assesses whether each prospective parent is financially, physically and mentally able to have permanent custody — counting any adoption supplement the department has approved when judging finances. It describes the child’s physical and mental condition, as far as competent medical help can determine it, and the suitability of the home. It gives the agent’s view on whether the adoption serves the child’s best interests, including the child’s general care. Where it applies, it says whether a biological father who isn’t the legal father can be identified and found and whether § 19-8-12 was followed. It closes with anything else the agent thinks the court would find useful and answers any specific question the court asked in its appointment order.

If the report disapproves of the adoption, the agent may move to dismiss the petition. After a hearing, the court is authorized to dismiss it, but it doesn’t have to. If the court denies the motion, it shall appoint a guardian ad litem, who may appeal that ruling to the Court of Appeals or the Supreme Court as in other cases.

Separately, whenever it appears that the child’s interests may conflict with a petitioner’s, the court may appoint a guardian ad litem to represent the child, and the county pays for it. The report feeds directly into the hearing: § 19-8-18 requires the judge to consider it and its recommendations, and lists any recommendation by a court-appointed agent or guardian ad litem among the best-interest factors. The section was last amended in 2018.

Frequently Asked Questions

What does an adoption investigator look at in Georgia?

The report must cover, among other things, whether the petition’s allegations are true; how the child came to be placed; whether each prospective parent is financially, physically and mentally able to have permanent custody; the child’s physical and mental condition; whether the adoption is in the child’s best interests; whether the home suits the child; where applicable, compliance with § 19-8-12; and any other useful information or specific issue the court asked about.

What happens if the adoption investigator recommends against the adoption?

The investigating agent may ask the court to dismiss the petition. The court holds a hearing on the motion and is authorized, but not required, to dismiss. If the court denies the motion to dismiss, it shall appoint a guardian ad litem, who may appeal that ruling to the Court of Appeals or the Supreme Court as in other cases.

Can the judge approve an adoption even if the investigator disapproves?

Yes. A disapproving report allows the agent to move for dismissal, but the court decides whether to dismiss. If it denies the motion, it must appoint a guardian ad litem, who may appeal. The report is also one factor among many: § 19-8-18 lists any recommendation by a court-appointed agent or guardian ad litem as one of fourteen best-interest considerations.

Who pays for a guardian ad litem in a Georgia adoption?

When the court appoints one because the child’s interests may conflict with a petitioner’s, the cost is charged to the county’s funds. That appointment is discretionary and can happen at any time in the case. The section doesn’t say who pays for the guardian ad litem the court must appoint after denying an investigator’s motion to dismiss.

Does an adoption subsidy count when judging whether we can afford the child?

Yes. When the investigator assesses whether each prospective adoptive parent is financially able to have permanent custody of the child, any adoption supplement approved by the department must be taken into account. The report also assesses each parent’s physical and mental ability to care for the child.

Amendment History

Laws 1990, p. 1572, § 5; Laws 1992, p. 2505, § 2; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018.

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
Also known as: adoption investigation report georgiaadoption guardian ad litem georgiaadoption report contentsmotion to dismiss adoption petition georgiaadoption investigator recommendation