§ 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
Full Text of § 19-8-17
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.