§ 19-8-18.Hearing; district attorney to be directed to review inducement violations; decree of adoption; factors considered in determining best interests of child; disposition of child on denial of petition

Chapter 8. Adoption · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-8-18 governs the final hearing in a Georgia adoption: what the judge must review, the findings needed for a decree, fourteen best-interest factors, what happens to the child if the petition is denied, and a six-month limit on challenging the decree.

Full Text of § 19-8-18

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(a)

(1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on such petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained in such report. There shall be a presumption that a petitioner who is a nonresident of Georgia should be granted the opportunity to appear via electronic means in lieu of physical presence before the court if his or her petition is uncontested, especially if appearing in person would cause hardship to the petitioner. In all other cases, the court may in its discretion allow the petitioner or any witness to appear via electronic means in lieu of requiring his or her physical presence before the court.

(2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition for adoption, it shall:

(A) Determine that an appropriate order has previously been entered;

(B) Enter an order consistent with Code Section 19-8-12; or

(3) If the adoption petition is filed pursuant to Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his or her attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the inducement, as such term is defined in Code Section 19-8-24, of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his or her discretion deems appropriate.

(b)

(1) If the petition for adoption was filed pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating all of the rights of each living parent, guardian, and legal custodian of the child, other than the spouse of the petitioner in the case of a stepparent adoption pursuant to Code Section 19-8-6; granting the permanent custody of the child to each petitioner; and declaring the child to be the adopted child of each petitioner if the court is satisfied that:

(A) Each living parent or guardian of the child has surrendered or had terminated all of his or her rights to the child in the manner provided by law or that each petitioner has complied with the notice requirements of subsection (c) of Code Section 19-8-10 and satisfied his or her burden of proof under Code Section 19-8-10 or that the spouse has consented to the petitioner's adoption of the child as required by Code Section 19-8-6;

(B) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child;

(D) The adoption requested is in the best interests of the child.

(2) When Code Section 19-8-10 has been relied upon by any petitioner for the termination of rights of a living parent, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the termination of rights of such living parent and the court's determination that the adoption is in the child's best interests.

(3) When the child was born in a country other than the United States, the court shall examine the evidence submitted in order to determine whether sufficient evidence has been proffered to show that the child has a viable path to lawful permanent resident status, if not already obtained. The court shall consider the evidence when making a determination if it is in the best interests of the child to grant the petition for adoption.

(4) If there is an existing visitation order pursuant to Code Section 19-7-3 in favor of a family member, the court shall have the authority to continue or discontinue such visitation rights in the adoption order as it deems is in the best interests of the child.

(c) If the petition for adoption was filed pursuant to subsection (a) of Code Section 19-8-8 and if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and has established that he or she finalized his or her adoption of the child in the foreign country, then the court shall enter a decree of adoption naming the child as prayed for in such petition; domesticating the foreign decree of adoption; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner. Notwithstanding the requirements of subsection (a) of this Code section, the court may domesticate the foreign decree of adoption upon the pleadings without a hearing.

(d) If the petition for adoption was filed pursuant to subsection (b) of Code Section 19-8-8, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating the guardianship; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and that:

(1) Each petitioner in his or her capacity as guardian of the child has surrendered all of his or her rights to the child in the manner provided by law;

(2) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child;

(3) The child is suitable for adoption in a private family home; and

(4) The adoption requested is in the best interests of the child.

(e) In exercising its discretion to determine whether the adoption requested is in the best interests of the child, the court shall consider the following factors:

(1) The ability of each petitioner and, if applicable, each respondent to provide for the physical safety and welfare of the child, including food, shelter, health, and clothing;

(2) The love, affection, bonding, and emotional ties existing between the child and each petitioner and, if applicable, each respondent;

(3) The child's need for permanence, including the child's need for stability and continuity of relationships with his or her siblings;

(4) The capacity and disposition of each petitioner and, if applicable, each respondent to give the child his or her love, affection, and guidance and to continue the education and rearing of the child;

(5) The home environment of each petitioner and, if applicable, each respondent, considering the promotion of the child's nurturance and safety rather than superficial or material factors;

(6) The stability of the family unit and the presence or absence of support systems within the community to benefit the child;

(7) The mental and physical health of all individuals involved;

(8) The home, school, and community record and history of the child, as well as any health or educational special needs of the child;

(9) The child's background and ties, including familial, cultural, and religious;

(10) The uniqueness of every family and child;

(11) The child's wishes and long-term goals;

(12) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in the petitioner's home and, if applicable, each respondent's home;

(13) Any recommendation by a court appointed agent or guardian ad litem; and

(14) Any other factors considered by the court to be relevant and proper to its determination.

(f) If the court determines that any petitioner has not complied with this article, it may dismiss the petition for adoption without prejudice or it may continue the case. Should the court find that any notice required to be given by any petitioner under this article has not been given or has not been properly given or that the petition for adoption has not been properly filed, the court shall be authorized to enter an order providing for corrective action and an additional hearing.

(g) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition for adoption. If such petition is denied because the court determines that the adoption requested is not in the best interests of the child or for any other reason under law, the court shall set forth specific findings of fact explaining its decision in its order denying the adoption and shall commit the child to the custody of the department, a child-placing agency, or an out-of-state licensed agency if such petition was filed pursuant to Code Section 19-8-4. If such petition was filed pursuant to Code Section 19-8-5, the court shall commit the child to the third party named by the parent in the written surrender of rights pursuant to subsection (a) of Code Section 19-8-5; and if there is no surrender of rights, the court shall place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15. If such petition was filed pursuant to Code Section 19-8-6, 19-8-7, or 19-8-8, the child shall remain in the custody of each petitioner if each petitioner is fit to have custody or the court may place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15. If the petition for adoption is denied, each surrender of rights executed in support of the adoption, whether by a parent, biological father who is not a legal father, or guardian, shall be dissolved by operation of law and the individual's rights shall be restored. The fact that the individual executed a surrender of his or her rights in support of the adoption shall not be admissible as evidence against him or her in any subsequent proceeding.

(h) A decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree. Notwithstanding Code Section 9-3-31, any action for damages against an adoptee or the adoptive parents for fraud in obtaining a consent or surrender of rights shall be brought within six months of the time the fraud is or ought to reasonably have been discovered.

(i) Notwithstanding subsection (a) of Code Section 19-8-23, the decree of adoption issued pursuant to subsection (b) of this Code section shall authorize the clerk of the court to issue one or more certified copies of the decree of adoption to the petitioner or his or her attorney at the time of entry of the final decree without further order of the court and without cost.

End

Plain-English Summary

On the hearing date or soon after, the court holds a full hearing in chambers and examines the parties under oath. The judge must consider the investigation report from § 19-8-16 and its recommendations. A nonresident petitioner in an uncontested case is presumed entitled to appear electronically; in other cases, the judge may allow it. The court must check the petition and the mother’s affidavit to see whether § 19-8-12 (notice to a biological father) applies, and if it does, confirm an order was already entered, enter one, or continue the hearing until the section is satisfied. In a third-party adoption under § 19-8-5, the judge reviews the payment disclosures required by § 19-8-13 and may question the petitioners and their attorney; if there’s reason to look further into an unlawful inducement under § 19-8-24, the court shall refer the matter to the district attorney.

For agency, third-party, stepparent and relative adoptions (§§ 19-8-4 through 19-8-7), the court shall enter a decree naming the child, ending the rights of each living parent, guardian and legal custodian (except the petitioner’s spouse in a stepparent adoption), giving the petitioners permanent custody and declaring the child theirs — if it is satisfied that every living parent or guardian surrendered or lost their rights (or § 19-8-10 or the § 19-8-6 consent route was satisfied), that the petitioners can care for the child, that the child is suitable for adoption in a private family home, and that adoption is in the child’s best interests. A decree relying on § 19-8-10 must include findings of fact and conclusions of law. For a foreign-born child, the court weighs whether the child has a viable path to lawful permanent residence. Existing § 19-7-3 visitation may be continued or ended. For foreign adoptions under § 19-8-8, the court domesticates a final foreign decree (it may do so on the pleadings without a hearing) or converts a foreign guardianship into an adoption, and on request it changes the child’s birth date if evidence justifies the change.

On best interests, the court shall weigh fourteen factors, including each party’s ability to provide for the child’s safety and needs; emotional bonds; the child’s need for permanence and sibling ties; the home environment, judged by nurturance and safety rather than material things; mental and physical health; the child’s record, special needs, background and wishes; any family violence, substance abuse, criminal history or child abuse; and any recommendation of the agent or guardian ad litem.

If a petitioner hasn’t complied, the court may dismiss without prejudice, continue the case, or order corrective action and another hearing. If adoption isn’t in the child’s best interests, the court shall deny the petition with specific findings. The child is then committed to the department or an agency (§ 19-8-4 cases), committed to the third party named in the parent’s surrender or, if there was no surrender, placed with the department (§ 19-8-5 cases), or left with fit petitioners or placed with the department (§§ 19-8-6 through 19-8-8 cases). Every surrender given for the adoption dissolves and the signer’s rights return, and the surrender can’t be used against the signer later. A decree entered under subsection (b) can’t be challenged in court more than six months after entry, and a suit for damages against the adoptee or adoptive parents for fraud in obtaining a consent or surrender must be brought within six months of when the fraud is or reasonably should have been discovered. For a subsection (b) decree, the clerk may give the petitioner certified copies at entry, free and without a further court order. The section was last amended in 2021.

Frequently Asked Questions

What does a Georgia judge consider in deciding if an adoption is in the child’s best interests?

The court shall weigh fourteen factors. They include each party’s ability to provide food, shelter, health care and clothing; the love and emotional ties with the child; the child’s need for permanence and sibling relationships; each party’s capacity to guide and raise the child; the home environment; family stability and community support; everyone’s mental and physical health; the child’s record, special needs, background and wishes; any family violence, substance abuse, criminal history or child abuse; any agent or guardian ad litem recommendation; and any other relevant factor.

Do I have to appear in person at my adoption hearing in Georgia?

Not always. A petitioner who doesn’t live in Georgia and whose petition is uncontested is presumed entitled to appear by electronic means instead of in person, especially if appearing in person would cause hardship. In all other cases, the judge may allow a petitioner or witness to appear electronically. The hearing itself is held in chambers, with the parties examined under oath.

What happens to the child if a Georgia adoption is denied?

It depends on the type of adoption. In an agency adoption, the court commits the child to the department or agency. In a third-party adoption, the child goes to the third party the parent named in the surrender, or to the department if there was no surrender. In stepparent, relative and foreign adoptions, the child stays with fit petitioners or the court may place the child with the department. Every surrender dissolves and the signer’s rights are restored.

Can an adoption be challenged after it’s final in Georgia?

Only for a short time. A decree entered under subsection (b) — covering agency, third-party, stepparent and relative adoptions — can’t be challenged in court if the challenge is filed more than six months after the decree is entered. A suit for damages against the adoptee or adoptive parents for fraud in obtaining a consent or surrender must be brought within six months of when the fraud is discovered or reasonably should have been.

Does a foreign adoption need a new hearing in Georgia?

Not necessarily. When a child’s adoption was finalized abroad and the petition is filed under subsection (a) of § 19-8-8, the court may domesticate the foreign decree on the pleadings without a hearing. It must be satisfied that the petitioner fully complied with § 19-8-13 and finalized the adoption in the foreign country. If asked, the decree also changes the child’s date of birth, provided evidence justifies the change.

Amendment History

Laws 1990, p. 1572, § 5; Laws 1995, p. 791, § 1; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2021, Act 140, § 11, 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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