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§ 19-8-8.Domestication of adoption of child born in foreign country; Certificate of Foreign Birth; authority of court to change date of birth

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

In one sentenceO.C.G.A. § 19-8-8 lets families who adopted, or became guardians of, a child abroad domesticate or finalize that adoption in a Georgia court, treats the child’s U.S. immigrant visa as prima-facie evidence the foreign process was proper, and lets the court correct a birth date.

Full Text of § 19-8-8

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

(1) A child, who was born in a country other than the United States and for whom a decree or order of adoption has been entered pursuant to due process of law by a court of competent jurisdiction or an administrative proceeding in the country of the child's birth or the country in which the child habitually resided immediately prior to coming to the United States establishing the relationship of parent and child by adoption between each petitioner named in the foreign decree or order of adoption and the child according to the law of such foreign country, shall be eligible to have his or her adoption domesticated under this subsection if a consular officer of the United States Department of State has issued and affixed in the child's passport an immediate relative immigrant visa or Hague Convention immigrant visa.
(2) Evidence of the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport shall be prima-facie evidence that all parental rights have been terminated, that the child was legally available for adoption by each petitioner named in the foreign decree or order of adoption, that the adoption of the child by each petitioner named in the foreign decree or order of adoption was in the child's best interests, and that the child's adoption by each petitioner named in the foreign decree or order of adoption was finalized in full compliance with the laws of the foreign country and the court need not make any inquiry into those proceedings but shall domesticate the foreign decree or order of adoption hereunder and issue a final decree of adoption pursuant to subsection (c) of Code Section 19-8-18.
(3) A child who qualifies for domestication of his or her foreign adoption under this subsection and whose adoption was full and final prior to entering the United States shall, upon entry of a final decree of domestication of adoption by the court, be entitled to have a Certificate of Foreign Birth issued to him or her by the State Office of Vital Records of the Georgia Department of Public Health pursuant to paragraph (2) of subsection (f) of Code Section 31-10-13.
(1) A child, who was born in a country other than the United States and for whom a decree or order of guardianship has been entered pursuant to due process of law by a court of competent jurisdiction or an administrative proceeding in the country of the child's birth or the country in which the child habitually resided immediately prior to coming to the United States terminating the parental rights of both of his or her parents and establishing a guardian-ward relationship between each petitioner named in the foreign decree or order of guardianship and the child according to the law of such foreign country, shall be eligible to be adopted pursuant to this subsection if a consular officer of the United States Department of State has issued and affixed in the child's passport an immediate relative immigrant visa or Hague Convention immigrant visa.
(2)
(A) Evidence of the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport shall be prima-facie evidence that all parental rights have been terminated, that the child is legally available for adoption by each petitioner named in the foreign decree or order of guardianship, and that the guardian-ward relationship between each petitioner named in the foreign decree or order of guardianship and the child was granted in full compliance with the laws of the foreign country and the court need not make any inquiry into those proceedings but shall be authorized to finalize the child's adoption as provided in this subsection.
(B) Notwithstanding subparagraph (A) of this paragraph, when the foreign decree or order of guardianship requires specific postplacement supervision, the court shall not be authorized to finalize such child's adoption as provided in this subsection until the petitioner provides documentation of formal evidence that the conditions of the foreign decree or order of guardianship have been satisfied.
(3) Once a child's adoption is granted pursuant to this subsection, he or she shall be entitled to have a Certificate of Foreign Birth issued to him or her by the State Office of Vital Records of the Georgia Department of Public Health pursuant to paragraph (2) of subsection (f) of Code Section 31-10-13.
(c) The court shall have authority to change a child's date of birth from that shown on the child's original birth certificate and as reflected in the child's passport upon presentation by a preponderance of evidence of a more accurate date of birth.
End

Plain-English Summary

Families who adopt internationally use this section. It covers a child born outside the United States who arrived with an immediate relative immigrant visa or Hague Convention immigrant visa that a United States consular officer issued and affixed in the child’s passport. The visa does most of the work: the court treats it as prima-facie evidence that the foreign process was proper and need not look behind it.

Subsection (a) handles domestication. When a court or administrative body in the child’s birth country, or the country where the child habitually lived just before coming to the United States, entered an adoption decree making each petitioner the child’s parent, the family may have that adoption domesticated in Georgia. The visa is prima-facie evidence that all parental rights were terminated, the child was available for adoption, the adoption was in the child’s best interests and it complied with foreign law. The court shall domesticate the foreign decree and issue a final decree under § 19-8-18(c). If the adoption was full and final before the child entered the United States, the child is then entitled to a Certificate of Foreign Birth from the State Office of Vital Records of the Georgia Department of Public Health.

Subsection (b) covers a child who came home under a foreign guardianship order that terminated both parents’ rights and made each petitioner the child’s guardian. With the visa, the court is authorized to finalize the adoption here, with one exception: if the foreign order requires specific postplacement supervision, the court can’t finalize until the petitioner documents that those conditions were satisfied. Once the adoption is granted, the child is entitled to a Certificate of Foreign Birth. Subsection (c) lets the court change the date of birth shown on the child’s original birth certificate and passport when a more accurate date is shown by a preponderance of evidence. Section 19-8-13 lists what to attach to the petition, including the passport visa page and a translated birth record, and under § 19-8-16 the court need not appoint an investigating agent and no criminal history check is required. The section was last amended in 2018.

Frequently Asked Questions

Do I need to readopt my internationally adopted child in Georgia?

This section doesn’t require it, but it gives you a route. If a foreign court or administrative body finalized the adoption and your child entered with an immediate relative or Hague Convention immigrant visa, you may have the foreign adoption domesticated here. The Georgia court treats the visa as prima-facie evidence the foreign adoption was proper and issues a Georgia decree. If the adoption was full and final before your child entered the United States, the decree also entitles your child to a Georgia Certificate of Foreign Birth.

How do I get a Georgia birth record for my child adopted abroad?

Through a Certificate of Foreign Birth issued by the State Office of Vital Records of the Georgia Department of Public Health. A child whose foreign adoption was full and final before entering the United States becomes entitled to one when the Georgia court enters a final decree of domestication. A child adopted here after a foreign guardianship becomes entitled to one once the Georgia adoption is granted. The certificate is issued under § 31-10-13(f)(2), a vital records statute.

Can a Georgia court change my adopted child’s date of birth?

Yes. Subsection (c) gives the court authority to change a child’s date of birth from the one shown on the original birth certificate and in the passport when a more accurate date is proved by a preponderance of evidence — that is, shown to be more likely right than not. Under § 19-8-18, the decree may include the change if you ask for it and evidence was presented to justify it.

Our child came home under a foreign guardianship, not a final adoption. Can we adopt in Georgia?

Yes, under subsection (b), if the foreign guardianship order terminated both parents’ rights and made each petitioner the child’s guardian, and the child entered on an immediate relative or Hague Convention immigrant visa. The visa is prima-facie evidence that parental rights were terminated and the guardianship was properly granted, so the court is authorized to finalize the adoption without looking behind it. If the foreign order requires specific postplacement supervision, though, the court can’t finalize until you document that its conditions have been satisfied.

Does the Georgia court re-examine what happened in the foreign country?

No. When the child’s passport carries an immediate relative immigrant visa or Hague Convention immigrant visa, the visa is prima-facie evidence that the foreign proceedings were proper, and the court need not make any inquiry into them. In a domestication under subsection (a), the court shall domesticate the foreign decree and issue a final decree. Section 19-8-13 adds that those petitions need no paperwork on surrender or termination of parental rights and no compliance with the biological-father notice rules of § 19-8-12.

Amendment History

Laws 1990, p. 1572, § 5; Laws 1991, p. 94, § 19; 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: international adoption georgiadomesticate foreign adoption georgiareadoption georgiacertificate of foreign birth georgiahague convention adoption georgiachange adopted child birth date georgia