§ 19-9-42.Article inapplicable to adoptions or authorizations for emergency care
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 1. General Provisions · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-42
Plain-English Summary
This one-sentence section draws two lines around the UCCJEA. The act does not govern an adoption proceeding, and it does not govern a proceeding about authorizing emergency medical care for a child.
The adoption exclusion matters because adoption also decides who raises a child, and a court might otherwise wonder whether the UCCJEA’s home-state rules apply. They don’t. Georgia adoptions are governed by Chapter 8 of Title 19, which has its own requirements for where and how an adoption petition is filed. The second exclusion means a proceeding to authorize emergency medical care for a child is not run through the UCCJEA’s jurisdiction rules either; the section does not say why either matter is left out.
Outside those two exceptions, the act’s broad definition of “child custody proceeding” in § 19-9-41 reaches divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and family violence cases. This section has not been amended since 2001.
Frequently Asked Questions
Does the UCCJEA apply to adoptions in Georgia?
No. This section says the article does not govern an adoption proceeding. Adoptions in Georgia are handled under Chapter 8 of Title 19, which sets its own rules for adoption petitions; under § 19-8-2, the superior courts have exclusive jurisdiction in all matters of adoption. The UCCJEA’s home-state rule does not decide where an adoption is filed.
Does the UCCJEA apply when a court authorizes emergency medical care for a child?
No. The section excludes any proceeding pertaining to the authorization of emergency medical care for a child, so the UCCJEA’s jurisdiction rules do not control those cases. A court asked to approve urgent treatment does not have to work through the act’s home-state and continuing-jurisdiction tests first.
What child cases does the UCCJEA cover in Georgia?
Most cases where custody or visitation is at issue. The definition of “child custody proceeding” in § 19-9-41 includes divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from family violence. Adoption and emergency medical care proceedings are excluded by this section.
Is a termination of parental rights case covered by the UCCJEA if adoption isn’t?
Yes. Under the definition in § 19-9-41, a proceeding for termination of parental rights is a child custody proceeding when custody or visitation is at issue. This section excludes only adoption proceedings and emergency medical care proceedings, so a termination case that is not part of an adoption remains within the act.
Why are adoptions left out of the UCCJEA?
The section does not give a reason. It states only that the article does not govern an adoption proceeding or an emergency medical care proceeding. The practical effect is that adoptions follow their own rules in Chapter 8 of Title 19 rather than the UCCJEA’s home-state framework.
Amendment History
Laws 2001, p. 129, § 1.