§ 19-8-27.Postadoption contact agreements; definitions; procedure; jurisdiction; warnings; enforcement, termination, or modification; expenses of litigation

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

In one sentenceO.C.G.A. § 19-8-27 lets adoptive parents and a child’s birth relatives sign a written postadoption contact agreement for visits, contact or information sharing, and sets out how a Georgia court can enforce, change or end that agreement without ever touching the adoption itself.

Full Text of § 19-8-27

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) As used in this Code section, the term “birth relative” means:

(1) A parent, biological father who is not a legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or

(2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted.

(b)

(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement.

(2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives.

(3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions.

(4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition for adoption; provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section.

(5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a biological parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and

(2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.

(d)

(1) As used in this subsection, the term “parties” means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement.

(2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement.

(e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition for adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child.

(f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition for adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed.

(g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution.

(h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party.

(i) A court shall not set aside a decree of adoption, rescind a surrender of rights, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement.

End

Plain-English Summary

When families want an adoption to stay open — visits, photos, siblings in touch — this section lets them put that arrangement in a written postadoption contact agreement. The adopting parent or parents sign it with “birth relatives” — a parent, a biological father who is not a legal father, a grandparent, a brother, sister, half-brother or half-sister related by blood or marriage, or a grandparent or sibling related by adoption. A child who is 14 years of age or older is a party too. The agreement can cover visitation, other contact, and sharing information about the child or about the birth relatives. To be enforceable, it must be in writing and signed by every party.

The agreement must carry two warnings in at least 14 point boldface type. Once the adoption decree is entered, the adoption can’t be set aside because someone breaks the agreement. And a dispute or lawsuit over the agreement doesn’t affect the adoption’s validity and can’t be the basis for custody orders. Subsection (i) adds that a court shall not set aside an adoption decree, rescind a surrender of rights, or change a termination order or other earlier order because someone failed to follow the agreement.

The court that granted the adoption keeps continuing jurisdiction over the agreement, unless the parties expressly waived the right to go to court under this section. When the agreement provides for court enforcement or says nothing about it, any party may file it with the court at any time. The parties can always change or end it by signing a new written agreement. If the agreement provides for court enforcement or termination or is silent, any party may ask the court to enforce or terminate it, and the court shall do so if a preponderance of the evidence shows that’s necessary to serve the child’s best interests. If it provides for court modification or is silent on that, only the adopting parents may ask the court to modify it, and they must also show a material change of circumstances since the current agreement was signed. The court may send the dispute to mediation or other alternative dispute resolution.

If no one is found to have broken the agreement, the party who filed — other than the child — pays all reasonable costs of mediation, alternative dispute resolution and litigation. If the court finds a party, other than the child, failed to comply without good cause, that party pays the other side’s costs. It took effect in 2013 and was amended in 2018.

Frequently Asked Questions

Are open adoption agreements enforceable in Georgia?

Yes, if they meet this section’s requirements. The agreement must be in writing and signed by every party, acknowledging their consent to its terms. The court that granted the adoption can then enforce it, unless the parties expressly waived court enforcement. Any party may petition to enforce an agreement that provides for court enforcement or is silent on it, and the court shall enforce it if a preponderance of the evidence shows enforcement is necessary to serve the child’s best interests.

Can a birth mother undo the adoption if the adoptive parents stop letting her visit?

No. The agreement itself must warn that after the adoption decree, the adoption can’t be set aside because someone failed to follow the agreement. Subsection (i) says a court shall not set aside an adoption decree, rescind a surrender of rights, or modify a termination order or any other prior order for that reason. Unless the parties waived court enforcement, her remedy as a party is a petition to enforce the agreement, which the court decides based on the child’s best interests.

Can grandparents or siblings be part of a postadoption contact agreement?

Yes. The section’s definition of “birth relative” includes grandparents, brothers, sisters, half-brothers and half-sisters related to the child by blood or marriage. It also includes a grandparent, brother, sister, half-brother or half-sister related to the child by adoption. Parents and a biological father who is not a legal father qualify as well. Each of them can sign an agreement with the adopting parents.

Who can ask a Georgia court to change a postadoption contact agreement?

Only the adopting parent or parents, when the agreement provides for court modification or is silent on it. They file in the court that granted the adoption. The court shall modify the agreement if a preponderance of the evidence shows the change is necessary to serve the child’s best interests and there has been a material change of circumstances since the current agreement was signed. The parties can still change it together by all signing a new written agreement.

Who pays the legal costs in a fight over a postadoption contact agreement?

It depends on whether anyone broke the agreement. If the court finds no party failed to comply, the party who filed the action — other than the child — bears all reasonable costs of mediation, alternative dispute resolution and litigation. If the court finds a party, other than the child, failed to comply without good cause, that party bears all of the other party’s costs. Under this section, the child doesn’t bear these costs.

Amendment History

Laws 2013, Act 337, § 1, eff. July 1, 2013; 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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