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§ 19-8-22.Recognition and effect of order by court or administrative body within or outside United States

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

In one sentenceO.C.G.A. § 19-8-22 requires Georgia to recognize adoption, termination and guardianship decrees issued with due process by courts or agencies in other states and other countries, and treats a certified foreign guardian’s irrevocable release as satisfying Georgia’s surrender rules.

Full Text of § 19-8-22

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(a) A decree of a court or an administrative proceeding terminating the relationship of parent and child, establishing the relationship of guardian and ward, or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court or administrative body of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child when the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country, shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4, 19-8-5, 19-8-6, 19-8-7, 19-8-8, and 19-8-12.
(b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection had been effective at the time such proceeding was filed or concluded shall be governed by subsection (a) of this Code section.
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Plain-English Summary

Families move, and adoptions often cross borders. This section makes sure a decree from somewhere else carries full weight in Georgia. It covers three kinds of decrees: one terminating the relationship of parent and child, one establishing a guardian and ward relationship, and one creating a parent and child relationship by adoption. If a court or administrative body in any other jurisdiction, inside or outside the United States, issued the decree under due process of law, Georgia shall recognize it. The parties’ rights and duties on matters within Georgia’s jurisdiction are then decided as though a Georgia court had issued the decree.

The section also reaches a common situation in international adoption: a child placed by a foreign guardian. When a child’s guardian gives a clear and irrevocable release or consent to adoption, and the appropriate, legally authorized court or agency of the foreign government has certified the guardian’s appointment, Georgia shall recognize that release or consent. It counts as meeting the requirements of §§ 19-8-4 through 19-8-8 and § 19-8-12 — the surrender rules for each kind of adoption, the foreign-adoption rules, and the notice rules for a biological father who is not a legal father.

Subsection (b) reaches backward. If a Georgia adoption ended in a final order before April 1, 1986, and subsection (a) would have applied had it been in effect when the case was filed or concluded, subsection (a) governs that adoption too. The section was last amended in 2018.

Frequently Asked Questions

Is an adoption from another state valid in Georgia?

Yes. Georgia shall recognize an adoption decree issued under due process of law by a court or administrative body of any other jurisdiction. The rights and obligations of the parties on matters within Georgia’s jurisdiction are decided as though a Georgia court had issued the decree, so an out-of-state adoptive parent and child have the same relationship here as a family whose adoption was granted in Georgia.

Does Georgia recognize a foreign adoption?

Yes, if the decree was issued under due process of law by a court or administrative body of a jurisdiction outside the United States. Georgia treats it as though a Georgia court had entered it. Families who want a Georgia decree as well can look to § 19-8-8, which covers domesticating a foreign adoption and adopting a child under a foreign guardianship order.

Can a foreign guardian’s consent take the place of a parent’s surrender in a Georgia adoption?

It can. When a foreign child’s guardian gives a clear and irrevocable release or consent to adoption, and the appropriate, legally authorized court or agency of the foreign government has certified the guardian’s appointment, Georgia shall recognize it. That release or consent is deemed to satisfy the requirements of §§ 19-8-4 through 19-8-8 and § 19-8-12, so it stands in for the surrenders those sections otherwise require.

Will Georgia honor a termination of parental rights order from another state?

Yes. A decree terminating the relationship of parent and child, issued under due process of law by a court or administrative body of another jurisdiction, shall be recognized in Georgia. The parties’ rights on matters within Georgia’s jurisdiction are then determined as though a Georgia court had entered the order, which can matter when a Georgia adoption follows an out-of-state termination.

Does this section apply to adoptions finalized before 1986?

Yes. Subsection (b) says that any Georgia adoption with a final order entered before April 1, 1986, is governed by subsection (a) if subsection (a) would have applied had it been in effect when the case was filed or concluded. Older adoptions that relied on an out-of-state or foreign decree get the same recognition as newer ones.

Amendment History

Laws 1990, p. 1572, § 5; 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
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