Georgia Adoption Law Blog

New China Consulate Appointment Policy

2008-09-11T18:23:15-04:00

As a result of changes under the Hague Adoption Convention, U.S. Consulate in Guangzhou will only schedule adoptions appointments for applicants who have both an approved I-600A or I-800A form and a current fingerprint clearance from the FBI. Until recently, they allowed agencies to make appointments for families even if the approval of an adoption petition, extension, or renewal of fingerprints is still pending. This will no longer be allowed.

Families will be required to send copies of their I-171H or I-797C form as well as proof of fingerprint clearance to America World when returning their Referral Acceptance. We will only be able to proceed with travel arrangements once these documents have been received.

We encourage families to make sure they are filing extensions and fingerprint updates well in advance of receiving the referral. Use the link below to read the Consulate’s full update.

New Appointment Policy

SOURCE: America World Adoption

Helping adopted kids navigate school projects

2008-09-11T16:52:27-04:00

A new school year brings all sorts of challenges: Will your child make friends? Is the teacher nice? What's the homework load like?

Yet for families formed through adoption or foster care, or for children being raised by a non-parent relative, the challenges often go well beyond where to sit in the lunchroom. In fact, for students from non-traditional families, some of the most common school assignments and activities can present unintended challenges.

Judith A. Stigger, director of international adoption at the Evanston, Ill.-based Cradle adoption agency, talks about how to use the classroom to teach other children about adoption.

-If the teacher asks students to bring in baby pictures, an adopted child who doesn't have baby pictures might "bring in a picture of when she was younger." This creates a space for the child to participate and for the class to learn about different kinds of families.

-If the assignment is to draw a family tree, modernize the tree by "using branches for the adoptive family. The child is the trunk. The roots are the birth family. For children from China, you may use the Chinese words for mother and father," Stigger said.

-If a child feels singled out for being "different," Stigger recommends celebrating the child's background. Parents can teach the other students about their child's culture and "give kids a sense of normalcy," she said. For example, if the adopted child is from Russia, parents can write the names of their children's classmates in Russian; if the adopted child is from China, parents can talk about Chinese New Year.

Of course, this works only as long as children welcome parents in their space.

"When they're little, they love their parents to come in, but around 3rd grade they don't," Stigger said, "By then, they can use their own words. Kids don't always want everyone to know they are adopted."

Stigger offers solutions to other challenges.

For instance, when a child's school asks the families of students to "adopt" a family for Christmas, turn it into a teachable moment by saying you're "'sponsoring' a family rather than 'adopting' them," Stigger said. Adopted children just learning English may not understand what the word "adoption" means in this context, and might confuse this act of holiday charity with their own situation.

Another issue: the notion that all children are born from their mother's stomach. Stigger recommends that parents explain that children either came home from the hospital or by airplane from Korea, Kyrgyzstan, Guatemala and so on.

What to do when books and bulletin boards don't reflect blended families? Stigger recommends asking your child's teacher if you can post pictures of your family or similar families to create the space to include non-traditional families.

For more information, go to caffa.org.

SOURCE: LoHud.com in an article by Kelly Haramis of the Chicago Tribune

Related Post: Teacher's Guide to Adoption

Fewer kids available for adoption by foreigners

2008-08-20T11:18:48-04:00

Fewer Chinese children are available for adoption by foreigners because more affluent families at home have started adopting them, the Ministry of Civil Affairs (MCA) said yesterday.

"The number of Chinese couples applying to adopt children has risen substantially in recent years," said Wang Suying, a division chief of MCA's social welfare and social affairs department, which oversees adoption.

About 52,500 children were registered for adoption in 2004, with foreigners adopting 12,500 of them, according to MCA figures. But last year, the numbers fell to about 46,000 and 10,000.

"Our policy is in line with the international practice of encouraging adoption by families within the country," Wang said, because that way the kids can grow up in their own culture, which is good for them.

"But that does not mean we have any prejudice against foreign adoptions."

More families in the country are adopting kids because Chinese people's attitude toward adoption has changed, Wang said.

A lot of Chinese used to adopt kids to ensure someone was there to take care of them during their retired life, and hence they preferred boys to girls, she said.

"Now more and more Chinese people are adopting kids simply because they love children and are proud to become foster parents."

Ji Gang, director of domestic adoptions, China Center of Adoption Affairs, said Chinese families' newly acquired affluence too was responsible for the change in attitude.

Chinese Academy of Social Sciences figures show China has 30 million middle-class people, or those who earn between $10,000 and $50,000 a year.

Wang, however, said foreign families are still more willing to adopt disabled children.

US families adopted the highest number of Chinese children, followed by the Spanish.

Since 1992, when China's Adoption Law was implemented, US families have adopted more than 55,000 Chinese kids.

From May 2007, China tightened the rules for foreigners who wanted to adopt Chinese children.

To qualify as an eligible family, couples now need to have a stable marriage, comfortable income, and sound physical and mental health.

According to China's Adoption Law, people who want to adopt children must be more than 30 years old, healthy, childless and with a good and steady income to raise and educate the children.

Source: China Daily and People's Daily Online

Halted foreign adoptions leave would-be parents in limbo

2008-05-28T07:00:57-04:00

The crib in Ellen Darcy's Boston home has sat empty for more than a year. And in suburban Washington, Laura Teresinski has prepared a nursery for a baby that may never arrive.

They and thousands of prospective parents, eager to adopt children from abroad, have found themselves in an emotional legal limbo since two of the most popular countries for international adoptions -- Guatemala and Vietnam -- recently halted their programs.

Now would-be mothers and fathers around the United States wonder what will become of their quest to adopt a child -- a pursuit that can fray nerves, cost up to $30,000 and span several years.

Guatemala announced this month that it would conduct a case-by-case review of every pending foreign adoption case. That put on hold the adoption plans of about 2,000 American families.

The crackdown comes amid reports that some in Guatemala coerce mothers to relinquish their children for adoption -- or steal the children outright and present them as orphans.

Similar accusations have arisen in Vietnam.

After the United States accused adoption agencies there of corruption and baby-selling, Vietnam said in April that it would no longer allow adoptions to the United States.

"My husband and I were absolutely devastated," Teresinski said. "Adoptive parents have put a lot of emotional energy and a lot of financial resources in the process."

Vietnam's decision affects several hundred families.

Families in the United States adopted 4,728 children from Guatemala and 828 from Vietnam last year.

The halt in adoptions from those two nations unfolds against the backdrop of a dramatic rise in international adoptions in the United States.

The number of foreign-born children adopted by U.S. families more than tripled from 1990 to 2004, when it reached a high of 22,884, though the figure has declined slightly each year since.

n 2007, the U.S. granted visas to 19,613 children so they could join an adoptive family in the United States, according to U.S. State Department figures. About 70 percent of those children came from four countries: China, Guatemala, Russia and Ethiopia.

A few other countries have also halted foreign adoptions at various times, including Kazakhstan and Togo.

Yet the suspensions in Vietnam and Guatemala have had the biggest impact -- they're two of the 10 countries that send the most children to adoptive homes in the Unites States.

Fear of fraud stirs heartache

For Darcy, the review seems more detrimental than helpful.

Her adopted daughter, Carolina, remains in a Guatemalan foster home with three dozen other babies. Darcy worries that keeping Carolina, now 15 months old, in a foster home will harm her early development.

"She's not getting one-on-one care by a consistent caretaker," Darcy said, adding later, "Nobody is looking at this as a violation of the kids' human rights except for these (American) parents."

Guatemala, which until now has had little to no oversight of its foreign adoptions, has the highest per capita rate of adoption in the world.

Nearly one in 100 babies born in Guatemala wind up living with adoptive parents in the United States, according to the U.S. consulate in Guatemala.

While adoptive parents in the United States undergo rigorous screening, adoptions in Guatemala had been processed by notaries responsible for determining whether the babies were relinquished voluntarily. They also arrange foster care and handle paperwork -- notaries in Latin America tend to have more legal training than notaries in the United States.

Both Guatemalan and U.S. officials fear the system leads to practices such as paying birth mothers for children or, in some instances, coercion.

Officials in both countries say gaps in regulations and the high sums of money at play -- adoptions can cost up to $30,000 -- may have created unintended incentives in a country where the State Department estimates that 80 percent of the population lives in poverty.

The Guatemalan government has said its review could take a month or longer. As for the American families, they can only wait.

"I think it's overkill," said Darcy, who was matched with Carolina last March and was approved to adopt the girl last winter -- typically one of the last steps before the actual adoption is complete.

"No adoptive parent wants to adopt an abducted child -- a child that wasn't voluntarily relinquished -- but to keep them as hostages is unacceptable," Darcy said.

Guatemala plans reforms

U.S. officials say they sympathize with the parents, but that reviews like the one in Guatemala are in the best interest of the children.

"We feel for them, it's a tough situation," said a State Department official who is not authorized to speak on the record.

"(But) they'll have the comfort of knowing American parents in the future who adopt from Guatemala will get children from a system that has all the safeguards in place so that children are not exploited," the official said.

In the past, Guatemala required birth mothers to sign a document in court saying they were relinquishing their child. They were not required to reveal their reasons.

Now the government may require the presence of the birth mother and child. The goal is to verify identification and make sure the mother is giving up her child voluntarily.

Cleaning up Guatemala's adoption system is a step toward complying with the standards of the Hague Convention on Intercountry Adoption, an international agreement that governs adoptions from one country to another. About 70 nations have signed the convention, which seeks to ensure legitimate foreign adoptions.

The United States joined the international convention last year, and rules governing adoptions from one signatory nation to another took effect April 1.

The United States has stopped issuing visas to Guatemalan children after that date, blocking their travel to America -- at least until concerns are addressed.

"We're not pointing fingers at American parents," the State Department official said.

However, the review and changes in Guatemala will ensure that it "does not become a fertile ground for (wrongful) practices on any person, particularly children, who have not been orphaned."

To offset corruption, the U.S. Embassy has added its own requirement: That birth mothers appear with the baby to request a visa for the baby. In August, officials also began requiring two DNA tests to confirm the identities of mother and child.

Still, the Guatemalan solicitor general's office has identified at least 80 cases of adoption irregularities, including baby stealing and false DNA tests.

And the Guatemalan chief prosecutor's office recently launched a criminal investigation into the two laboratories contracted to take DNA samples from birth mothers and children.

'Serious irregularities' in Vietnam

Similar concerns of corruption recently emerged in Vietnam, where investigators had found "serious adoption irregularities," according to a report by the U.S. Embassy in Hanoi.

Documents had been forged or altered, the embassy said, and some parents were paid, tricked or forced into giving up their children for adoption. In some cases, the embassy said, children were offered for adoption without the knowledge or permission of their parents.

The Vietnamese government has denied the accusations.

Even so, it said in April that it would terminate its adoption agreement with the United States, saying it won't accept applications after July 1. The program is scheduled to end September 1.

Parents in the United States who were matched with an adoptive child in Vietnam before July 1 will be allowed to adopt that child. Prospective parents who had invested time and money, but had not been matched with an adoptive child, appear to be out of luck.

Private adoption agencies insist that nearly all adoptions from Vietnam are problem-free, and they want the adoptions to continue.

"It's hard to let go, because we know we can advocate for these children and make a real difference," said Linda Brownlee, executive director of the nonprofit Adoption Center of Washington, which places children for adoption from Russia, China, Cambodia and Vietnam.

She hopes the United States and Vietnam reach an agreement so that adoptions can continue.

"Without it, I think children are going to be harmed. They are going to die needlessly, and there is going to be trafficking," Brownlee said.

SOURCE: CNN.com

Rush is on to adopt kids orphaned by disaster

2008-05-24T09:51:18-04:00

MIANYANG, China — The children's faces stare in somber black-and-white photos from newspapers and scribbled posters at relief camps, seeking their parents. Many will never find them.

As the first estimate of orphans — more than 4,000 — emerged Thursday from last week's deadly earthquake, thousands of Chinese are rushing to offer their homes.

"My husband and I would really like to adopt an earthquake orphan (0-3 years old)," Wang Liqin wrote on popular website Tianya.com in a forum that was already three pages long.

The high interest is another sign of China's tremendous post-quake outpouring of sympathy, buoyed by rising prosperity. And it's a surprising turnabout in a country in which government red tape, poverty and traditional attitudes long combined to discourage adoption.

The new enthusiasm also means that Americans and other foreigners wanting to adopt may not have a chance. Officials estimate that the number of Chinese wanting to adopt the earthquake's orphans may outnumber the orphans themselves.

"Every day, my ministry receives hundreds of calls," Jiang Li, China's vice minister of civil affairs, said this week.

At the civil affairs department in Sichuan province, the heart of the disaster area, calls reached 2,000 a day, the state-run Xinhua News Agency said.

Some Chinese, reached this week by phone, said they want to adopt because they're unable to have a child of their own. Some see a chance to have a rare second child despite China's strict one-child policy. And some, like Wang, whose own baby didn't survive childbirth this year, understand loss and want to help.

"We saw how fragile life can be and have been wanting to adopt a child," Wang, who works in a clothing export business in the southern city of Guangzhou, said by telephone.

Americans also want to adopt earthquake orphans, but "I think the Chinese government will start with domestic adoption first," said Joshua Zhong, co-founder and president of the U.S.-based Chinese Children Adoption International.

SOURCE: DenverPost.com in an AP story

Vietnam Ending Child Adoption Agreement with the U.S.

2008-04-28T16:08:44-04:00

Vietnam is ending its child adoption agreement with the United States.

The move comes after a report from the U.S. Embassy in Hanoi alleging pervasive corruption and baby-selling in Vietnam's adoption system.

The agreement was being considered for renewal, but in a letter to the embassy, Vietnam says it will stop accepting applications from American families after July 1st. Applications from families matched with babies before July will continue to have their paperwork processed.

The U.S. report lists cases in which infants were sold or birth mothers pressured to give up their babies. It describes brokers going to villages to search for babies who could be put up for adoption.

It also says some American adoption agencies have been paying orphanage directors for referrals and some have bribed officials
with shopping sprees and junkets to the U.S.

Vietnamese officials deny the charges, calling them "unfair."

SOURCE: WGRZ.com in an AP story by Maria Sisti

As Ethiopian Adoptions Increase, A Network Forms

2008-04-23T07:58:52-04:00

After months of applying to adopt babies in China and the United States with no results, Dawn Manogue and her husband, John Toomey, went back to their files to start over.

Manogue found a pamphlet advertising an Ethiopian adoption program and saw a picture of a 3-year-old boy who had been waiting in the Ethiopian orphanage for almost a year. She hung the photo on her refrigerator and, after seeing the boy's face every day, she and Toomey knew that he was going to be their son.

The West Hartford couple adopted Dawit two years ago through Wide Horizons for Children, an agency based in Massachusetts with a regional office in West Hartford. When Vicki Peterson, the executive director of external affairs, helped start the program in 2003, she didn't expect more than 10 to 20 placements per year of Ethiopian children in the U.S.

She didn't set her expectations high enough. Although there were only three Ethiopian children placed in its first year, 41 were placed in its second. And five years after the program's inception the agency has placed more than 500 Ethiopian kids in homes throughout the United States.

"I can't even begin to describe how wonderful it feels," she said. "... It's a faster program growth than we ever anticipated and faster than we have experienced in almost any other country, except maybe China."

She attributes its popularity to people becoming comfortable with the idea of adopting from a country once they see someone they know go through a successful adoption. Also, adopting from Ethiopia is more flexible than from other countries, with lower fees and a shorter application process, she said. And then there's the celebrity attention that Angelina Jolie brought to the country when she went through Wide Horizons more than two years ago to adopt her daughter Zahara.

Most of the families have formed bonds based on their similar experiences, including one very emotional one. When American parents go to Ethiopia, Wide Horizons asks them to bring photos that document their homes and their lives to share with the biological families.

"The belief is that they're creating one family now, the American family and the Ethiopian family. It's so powerful," said Mary Fournier, the regional manager for Wide Horizons.

"We prepare families early on that this is an aspect of this program and if you want to adopt from Ethiopia you have to be comfortable with that aspect," she said. "It's really a different way of looking at birth families — here's a new aunt and uncle and new cousins and new siblings we've added to our families, and they happen to live in Ethiopia."

Toomey, who also has a 7-year-old biological daughter, said that though they were aware Dawit's father had made peace with his decision, Toomey didn't know exactly how to feel in that moment. "I was already a father and I just tried to put myself in his situation and it was heart-wrenching," he recalled.

Damen Polance of Tolland took a deep breath and shook his head as he thought about the weight of that moment. He and his wife, Catherine, adopted their first child, Elijah, from Ethiopia two years ago when he was 5 months old. Both Elijah's parents are dead and the Polances met a couple of his siblings and his aunt and uncle.

"How do you thank somebody for giving you a child?" Catherine Polance said.

The family returned to Ethiopia this year to adopt their second child, Nevaeh, a baby girl who has recovered from undernourishment. They brought Elijah along to reconnect with his family.

Sheila Turner and Robert Cleary of Manchester also plan on returning to Ethiopia with their twin daughters, Aoife and Niamh, whom they adopted in November. The girls' biological mother died of malaria, leaving the father and five siblings to care for twins they couldn't afford.

"They've lost as much as they've gained by coming here," Turner said about her daughters, who have left a large family.

The couple shared photos of themselves, their home and their life and took mementos of Ethiopia back to Manchester.

"We'd like to be able to go back and bring them back and show them where they're from," Cleary said.

As the program has grown, so has the close network the adoptive families have built for each other. This has included throwing holiday parties and meeting for dinner at Ethiopian restaurants in Hartford and New Haven.

Having that friendship among families "makes it a lot easier," Polance said, especially when they need to discuss the experience of raising an interracial family. Like the majority of parents who adopt through Wide Horizons, Catherine and Damen Polance are white.

The couple wanted to have more than one child, which is the reason they returned to Ethiopia to adopt Nevaeh. But the second adoption also served a purpose for Elijah, too: "to have somebody else in the family who looks like him," Catherine Polance said.

The interracial aspect of their family has had an effect, if not on the couple, then on other people.

"We used to live in Southington. We used to get more looks," she said. "But when we moved [to Tolland], we had no issues."

Turner belongs to an online chat group for Connecticut parents who have adopted from Ethiopia and frequently e-mails other parents who have adopted Ethiopian twins. She said she believes the network that has been formed will be integral as the children grow older.

"They need to know that there are other kids out there like them," Turner said.

SOURCE: Hartford Courant in a story by Régine Labossière

Adoption Problems in Other Countries

2008-04-11T16:38:54-04:00

The slowdown affecting adoptions from China coincides with unrelated complications in several other countries that have been major sources of adopted children for American parents. Some examples:

_GUATEMALA: Irregularities and suspected fraud have cast a cloud of uncertainty over many of the 2,900 pending U.S. adoptions from Guatemala, which is the second-largest source of adopted children — after China — for the United States. The State Department on April 1 advised potential adoptive parents not to initiate new adoptions from Guatemala.

_RUSSIA: Laws affecting adoptions by foreigners have become stricter, while Russia has been trying to expand domestic adoption. Last year, 2,310 Russian children were adopted by Americans, down from a peak of 5,865 in 2004.

_VIETNAM: Renewed U.S. concern about possible baby selling, fraud and corruption — the same fears that led to suspension of Vietnamese adoptions from 2003 to 2005 — are again holding up visas for some babies adopted in Vietnam. The U.S. embassy has confirmed more than a dozen problematic cases, and Vietnamese adoption officials have said roughly 20 American families are affected.

_KAZAKHSTAN: Officials of Kazakhstan, the eighth-largest supplier of adopted children to the U.S. in 2007, informed the State Department last month that it was reviewing its adoption process and would suspend its normal handling of applications during the review.

SOURCE: Associated Press

Waits Lengthen for Adoptions From China

2008-04-10T08:44:34-04:00

China remains the country of choice for thousands of Americans seeking to adopt a child, but the time frame for new applications is now often triple what it was a few years ago and many families are enduring uncertain, emotionally draining waits.

"I've gone up and down with it — like a roller coaster ride," said Barbara Duarte Esgalhado, a single mother in Manhattan. She has a 7-year-old daughter adopted from China and filed paperwork in January 2006 for a second adoption that has yet to materialize.

"You find yourself rethinking it a lot more — is this still a good idea?" said Duarte Esgalhado, a 50-year-old writer and psychologist.

Her daughter, Uma, was a big fan of getting a sister when the idea surfaced three years ago. Now, she's ambivalent. "A 4-year-old thinks differently about a sibling than an 7-year-old," her mother said.

The longer waits — projected at three or four years for many new applicants — officially are attributed to the large number of foreigners trying to adopt from China coupled with a smaller pool of available children and a slower review process. The China Center of Adoption Affairs, long respected for its ethics and efficiency, avoids specific promises about how long applications might take.

Infant girls by the thousands are abandoned every year in China, and the nation has been America's top source of foreign adopted children since 2000. But the annual total fell to 5,453 last year, down from a peak of 7,906 in 2005, and further declines are expected as part of an overall drop in foreign adoptions.

Texas-based Great Wall China Adoption, one of the largest agencies focusing on China, says its annual caseload is down by half.

"Unfortunately we've had families who have decided to withdraw from the process," said Great Wall spokesman Leigh Ann Graf. "We have some families who are very angry about the wait times — and others looking at the time as a way to get all those things in that they won't be able to do after they become parents."

The uncertainty has fueled rumors and speculation within the tight-knit community of Americans who have adopted from China or hope to do so. Some believe the longer waits are part of a temporary Chinese effort to scale back international adoptions ahead of the Beijing Olympics in August. Others wonder if China may be phasing out foreign adoptions almost entirely.

"Our agency made clear our wait could be three years, four, five — they just don't know," said Mike Suomi, a Manhattan architect. He and his wife, Jenn, have applied to adopt a second child to become a sister to 5-year-old Olivia, whom they adopted from China in November 2003.

"China is becoming an economic powerhouse," Suomi said. "As far as we know, there's an embarrassment factor to having an inability to take care of your own children."

The Suomis are working with Spence-Chapin, a venerable New York-area adoption agency whose caseload for China has dropped sharply due to the delays. Ann Hassan, the agency's China coordinator, said the wait can be much shorter if parents agree to adopt a child with a physical handicap such as a cleft palate or congenital heart disease.

The Suomis, both in their early 40s, are willing to consider such a child, depending on specifics of the impairment. They also considered adopting from elsewhere in the Far East but found South Korea, Vietnam and Taiwan unworkable for varying reasons.

"China always was the top preference," said Jenn Suomi. "There's no funny business, no corruption, no black market."

They're intent on persisting with the China application, and they work hard to help Olivia handle the longer-than-expected wait for the sibling she wants to call Mei Mei — "little sister" in Mandarin.

"Let's say we wait four years — Olivia will be 9," said her father. "We'll be four years older. That's very hard for us. ... We're ready now, and now we have to wait."

Steve and Katherine Curtis, who live in the Long Island town of Babylon, are trying to adopt a second daughter from China to be a sister to Amelia, who was adopted in September 2006 and turned 2 in December.

"We're always thinking of her," said Steve Curtis, an auto company executive. "Absolutely we think it would be helpful for her to have someone to have a shared experience with."

Their new application was registered last October. They have no clear idea how long it will take.

"We're braced for fact it could be three more years," Curtis said. "You do all you can. Then it's up to the powers that be."

Some applicants feel they're in a particularly precarious position. Theresa Fierro, a third-grade teacher from Clifton, N.J., is a single mother who — like Barbara Duarte Esgalhado — got her current application filed in 2006 shortly before China changed its rules to exclude most single parents.

"The wait is causing some fear," said Fierro, 50, who has a 5-year-old daughter adopted from China. "And it's tough to plan. ... Should I work summer school or not? Should I go on vacation or not?"

For Joann Nix, 48, of Mastic Beach, N.Y., the wait adds to frustrations that had been building up over years of futile fertility treatments.

She and her husband registered two years ago to adopt a Chinese child. They now fear the slowdown could hurt their chances of seeking a second adoption later on.

"It gets torturous some times," Nix said. "There are thousands of kids in this world who need good homes. We want just one."

In a similar predicament is Wendi Caplan-Carroll, 46, of Secaucus, N.J. She has no children of her own, though her husband has two from a prior marriage. She initially hoped an adoption from China could be completed in about 13 months. Now the process has been under way for two years, with no sure end in sight.

"I know some people who gave up, others who decided to adopt from Ethiopia," she said.

"We're not shopping around — we have our heart set on China. It's hard to give up when you want something so desperately."

On the Net:

Families with Children from China: http://www.fwcc.org/
China Center of Adoption Affairs: http://www.china-ccaa.org/frames/index_unlogin_en.jsp
China Adoption Forecast: http://chinaadoptionforecast.com/

SOURCE: The Associated Press in a story by David Crary

Lesbian, lawyer win appeal of contempt over adoption case

2008-03-27T08:53:00-04:00

The state Court of Appeals has thrown out contempt findings that arose from a lesbian's attempt to adopt a young girl.

Last year Wilkinson County Superior Court Judge John L. Parrott held both Elizabeth Hadaway and her lawyer, Dana P. Johnson, in contempt for disobeying his order that denied Hadaway's adoption petition in part because Hadaway had been living with her same-sex partner.

Ten-day jail sentences for Hadaway and Johnson—not the fate of a girl named Emma—were at issue in the appeals. Emma, now 7, was reunited with Hadaway last May after further proceedings.

Parrott's order had given custody to Emma's natural mother, and Parrott held Hadaway and her lawyer in contempt for what the judge said was Hadaway's failure to give up custody of the girl. But another judge later found that the natural mother, who had asked Hadaway to take Emma, refused to take the child back.

Appeals court Chief Judge Anne Elizabeth Barnes, joined by Presiding Judge J.D. Smith and Judge M. Yvette Miller, wrote that Parrott's order “did not address Hadaway's or Johnson's obligations,” so they could not have violated it.

Although American Civil Liberties Union lawyer Kenneth Y. Choe argued before the appeals court in September that Parrott also erred by “accomodat[ing]” societal prejudice against gays and lesbians, the appeals court didn't reach that issue. But Choe said Monday he wasn't upset about that, noting the state already had “good law” on gay parenting.

Charles M. Cork III represented Johnson, a fellow Macon lawyer, in her appeal. Johnson said Monday she is wrapping up her law practice as a result of the ordeal, noting it cost her $20,000 in legal fees, and hopes to go into teaching. But she called the ruling “good news,” noting also that the State Bar had said it could find no cause for Parrott's bar complaint against her to go forward.

Johnson said Emma was doing well, saying, “That's the biggest miracle in the entire mess.”

SOURCE: Fulton County Daily Report in an article by Alyson M. Palmer

Photo courtesy ABCNews.com

SOURCE FOR POST: Georgia Family Law Blog

China says no immediate changes to one-child policy

2008-03-12T06:12:02-04:00

BEIJING: China will not consider changing its one-child policy for at least a decade for fear that a population surge could spark social and economic instability, the nation's top family planning official said in an interview published Monday.

Zhang Weiqing of the State Population and Family Planning Commission told the official China Daily newspaper that the one-child rule should be maintained for now.

"Given such a large population base, there would be major fluctuations in population growth if we abandoned the one-child rule now," he was quoted as saying. "It would cause serious problems and add extra pressure on social and economic development."

Any change in the policy would be considered only after the end of the country's next birth peak in 10 years, Zhang said. Over the next decade, nearly 200 million people are expected to enter childbearing years.

"After the new birth peak ends, we may adjust the policy if there is need," he said in the front-page story.

The policy, launched during the late 1970s, has prevented an additional 400 million births. China's population currently stands at 1.3 billion, growing 16 to 17 million annually.

The one-child limit actually applies to only a portion of the population. In general, urban couples are restricted to one while rural couples are allowed up to two if their first child is a girl. The country's often disadvantaged ethnic minorities are also exempt from these rules.

Critics say the policy has led to forced abortions, sterilizations and an imbalanced gender ratio due to a traditional preference for male heirs.

Zhang's remarks, made on the sidelines of the annual legislative session and published in several local newspapers, are clearly aimed at slapping down reports that the country was considering scrapping its one-child policy.

Officially, China's stance on its family planning policy has not wavered. Last week Premier Wen Jiabao reiterated in his annual policy address to legislators that China will continue to "adhere to the current policy of family planning" in order to "keep the birthrate low."

However, Beijing's leaders have allowed more open discussion of the issue, particularly as the country continues its path of rapid economic and social change.

In recent weeks, several officials have suggested that an overhaul of the policy may be forthcoming since China has succeeded in slowing down its population growth.

Debate about potential changes has been fueled by concern over the growing burden of China's aging population. According to government figures, those aged 60 or older expected to top 200 million by 2015 and 280 million by 2025.

Zhang stressed that the emerging problems should not be blamed solely on the one-child policy and "it will be simplistic" to focus on a single approach.

Getting rid of the one-child policy now would create more problems than it would solve, he said.

Lower fertility rates have been credited with helping raise living standards and increase the country's economic growth.

But demographics experts worry China's intense preoccupation with controlling its population growth has created unintended consequences as birth rates drop below normal.

Gu Baochang, professor of demographics at Renmin University, said part of the issue is that the government as well as the public regard population as a negative factor in a country's development.

"Of course, the population is still growing so they still regard population as a threat to country's future. But in fact, the growth rate is already negative," he said.

China's current average birth rate is at 1.8. children per couple, below the 2.1 rate needed for a population to replace itself.

Population officials have talked about the fear of triggering a population boom if the one-child policy were lifted, but government planners are failing to consider a low-fertility scenario, said Shanghai-based population economist Zuo Xuejin.

Zuo pointed to other Asian countries, including Japan, Korea and Singapore, where fertility rates have been steadily declining, and said he believes that China is heading in that direction as well.

"In addition to this general trend, we have a very restrictive fertility control policy," he said. "It will become a problem in the future."

SOURCE: International Herald Tribune

Georgia Child Adoption Laws

2008-02-27T08:51:04-05:00

Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption laws in Georgia may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important parts of Georgia child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).

Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Code § 19-8-24(a)

It shall be unlawful for any person, organization, hospital, or association that has not been established as a child-placing agency by the department to advertise, whether in a periodical, by television or radio or any other public medium or private means, that the person, organization, hospital, or association will adopt children or will arrange for children to be placed for adoption.
Individuals seeking to adopt a child or to place their child for adoption may communicate by private means, which include only written letters or oral statements.

Use of Intermediaries/Facilitators
Citation: Ann. Code § 19-8-24(a)(2)

It shall be unlawful for any person, organization, corporation, hospital, or association of any kind, which has not been established as a child-placing agency by the department to directly or indirectly hold out inducements, including any financial assistance except medical expenses, to parents to part with their children.

State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 19-8-13(c)

Medical expenses related to the pregnancy
Hospital costs for the birth of the child
Expenses related to the placement and adoption

Allowable Payments for Arranging Adoption
Citation: § 19-8-13(c)

Payments for services related to the adoption or the placement of the minor are permitted.

Allowable Payments for Relinquishing Child
Citation: § 19-8-24

It is unlawful for any person or entity to directly or indirectly offer inducements to a parent to relinquish their child.

Accounting of Expenses Required by Court
Citation: § 19-8-13(c), (d)

Each petitioner must file a report fully accounting for all disbursements made or agreed to be made.
Each attorney must file an affidavit detailing all legal fees.

Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code § 19-8-4(a)

A child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian:
Has voluntarily and in writing surrendered all of his or her rights to the child to the department or to a child-placing agency and the department or agency thereafter consents to the adoption
Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 19-8-4(b)

In the case of a child age 14 or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.

When Parental Consent is not Needed
Citation: Ann. Code § 19-8-10

Surrender or termination of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent when the court determines by clear and convincing evidence that the parent:
Has abandoned the child
Cannot be found after a diligent search has been made
Is insane or otherwise incapacitated from surrendering such rights
Has failed to exercise proper parental care or control due to misconduct or inability
Surrender of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent if that parent, for a period of 1 year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:

To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner
To provide for the care and support of that child as required by law or judicial decree, and the court is of the opinion that the adoption is for the best interests of that child

When Consent Can Be Executed
Citation: Ann. Code § 19-8-5

Consent may be executed any time after the birth of the child.

Revocation of Consent
Citation: Ann. Code § 19-8-9(b)

A person signing a surrender shall have the right to withdraw the surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within 10 days after signing. After 10 days, a surrender may not be withdrawn.

The surrender document is not valid unless it states the right of withdrawal.

Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 19-11-9(d)(2); 15-11-96

The putative father may acknowledge paternity before or after the birth of the child in a signed writing, or indicate the possibility of paternity without acknowledging paternity.
The putative father must file a petition to legitimate the child within 30 days of receipt of notice of termination proceedings.
Notice of termination proceeding is given if:
The putative father's identity is known to the petitioner or attorney.
Any of the following is true of the putative father: he is on the putative father registry, he lived with the child, he made any attempt to legitimate the child, or he provided support or medical care for the child's mother.

SOURCE FOR POST: Adoption Services

Vietnam 'baby-smugglers' arrested

2008-02-22T09:29:31-05:00

Vietnamese authorities have arrested three women and a man for allegedly smuggling newborn babies to China.

The suspects were detained with two baby boys, aged one month and one week old, in Hanoi and Ha Tay provinces.

Hanoi police said they had also detained an eight-month pregnant woman who confessed to agreeing to sell her unborn baby to the gang.

The woman was being transferred to China, where she is expected to give birth to the child.

All the babies were sold for eight million dong ($500) each.

The police said they would be offered for adoption to couples in China for around $2,000 each, because they were boys.

Girls would be sold for half the amount, according to investigators.

This is the first time the Vietnamese police have uncovered the smuggling of unborn babies.

One of the boys has been returned to his birth mother, while the other is being looked after at a children's hospital in Hanoi

SOURCE: BBC News in an article by Nga Pham

Dispute in Guatemala May Delay Adoptions

2008-02-04T19:44:03-05:00

A dispute between Guatemala's new government and its independent adoption agency is threatening to delay the adoption of more than 2,500 Guatemalan children, mostly by foreign parents from the United States.

Under a new adoptions law passed in December, Guatemala is requiring that all babies up for adoption must be officially approved and registered before they can be released.

The law, passed under pressure from the United States, is aimed at improving a previously poorly regulated adoption process dogged by allegations of stolen babies and mothers allegedly coerced to give up their babies.

The new law created the independent Central Adoption Authority to oversee the process, but authority representatives said the work to register all of the children could take months because they lack adequate personnel and funding.

"The lack of resources slows down the issuance of certificates," Marvin Rabanales, a government delegate to the authority, told The Associated Press on Monday. "We have no staff, just two law students, and let's not talk about computers; we don't even have a chair to sit on," he said.

The authority's offices currently are located in a house temporarily on loan by a nonprofit organization, Rabanales said. He said the organization informed him the house has been sold and the adoption authority must vacate the premises by Feb. 15.

The administration of President Alvaro Colom fired Rabanales and a second delegate, and refused to turn over $1.3 million previously appropriated by congress until he has named their replacements.

"We feel it's our right to name the people we are comfortable working with," Colom spokesman Fernando Barillas said. "We will not move a single cent until this legal issue is settled."

Rabanales and his fired colleague, Anabella Morfin, have appealed their firings in court and say they will continue to work until the issue is resolved.

Caught in the middle of the dispute are hopeful adoptive parents including Lance Kevin Armstrong, from the state of Colorado. He declined to say where in Colorado he was from.

"We don't know what's going on," said Armstrong, who along with his wife is in the process of adopting his second Guatemalan daughter. "We just know that we are missing the 'constancia' (certificate) and without it our paperwork can't go forward."

The Armstrongs adopted their first little girl on July 4, 2007, after a process of about seven months, much faster than it takes to adopt a child in China and other countries.

SOURCE: AP by JUAN CARLOS LLORCA

Child Adoption Laws - Georgia

2007-12-14T21:28:39-05:00

We hope to help you learn more about [Georgia's] child adoption laws. The information provided below may not be the entire adoption law and, since laws are changed, the information may have errors, omissions, or may not be the most current. Please remember that this information should not be used as the basis for making any legal decision. Please use appropriate resources and an attorney's advice when making legal decisions.

SOURCE: ChildAdoptionLaws.com

19-8-1.
For purposes of this chapter, the term:
(1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.
(2) 'Child' means a person who is under 18 years of age and who is sought to be adopted.
(3) 'Child-placing agency' means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49.
(4) 'Department' means the Department of Human Resources.
(5) 'Guardian' means a legal guardian of the person of a child.
(6) 'Legal father' means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;
(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;
(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or
(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22,
and who has not surrendered or had terminated his rights to the child.
(7) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.
(8) 'Parent' means either the legal father or the legal mother of the child.
(9) 'Petitioner' means a person who petitions to adopt or terminate rights to a child pursuant to this chapter.
(10) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

19-8-2.
(a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts.
(b) All petitions under this chapter shall be filed in the county in which any petitioner resides, except that:
(1) Upon good cause being shown, the court of the county of the child´s domicile or of the county in which is located any child-placing agency having legal custody of the child sought to be adopted may, in its discretion, allow the petition to be filed in that court; and
(2) Any person who has been a resident of any United States Army post or military reservation within this state for six months next preceding the filing of the petition for adoption may file the petition in any county adjacent to the United States Army post or military reservation.

19-8-3.
(a) Any adult person may petition to adopt a child if the person:
(1) Is at least 25 years of age or is married and living with his spouse;
(2) Is at least ten years older than the child;
(3) Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and
(4) Is financially, physically, and mentally able to have permanent custody of the child.
(b) Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.
(c) If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone.

19-8-4.
(a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian:
(1) Has voluntarily and in writing surrendered all of his rights to the child to the department or to a child-placing agency as provided in this Code section and the department or agency thereafter consents to the adoption; or
(2) Has had all of his rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender to the department or to a child-placing agency specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of the department or the agency and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e)(1) The surrender by a parent or guardian specified in paragraph (1) of subsection (a) of this Code section shall meet the requirements of subsection (a) of Code Section 19-8-26.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered to the department or to a child-placing agency, the department or agency representative before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (j) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.

19-8-5.
(a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted by a third party who is neither the stepparent nor relative of that child, as described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each such living parent and each such guardian has voluntarily and in writing surrendered all of his rights to the child to that third person for the purpose of enabling that person to adopt the child.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. The name and address of each person to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e)(1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (c) of Code Section 19-8-26.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail or statutory overnight delivery, return receipt requested, to the
Office of Adoptions
Georgia Department of Human Resources
Atlanta, Georgia
within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16.
(k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender. If the petition is not filed within the time period specified by this subsection or if the proceedings resulting from the petition are not concluded with an order granting the petition, the surrender shall operate as follows according to the election made therein by the legal parent or guardian of the child:
(1) In favor of that legal parent or guardian, with the express stipulation that neither this nor any other provision of the surrender shall be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance, once the revocation period has elapsed;
(2) In favor of the licensed child-placing agency designated in the surrender of rights, if any; or
(3) If the legal parent or guardian is not designated and no child-placing agency is designated in the surrender of rights, or if the designated child-placing agency declines to accept the child for placement for adoption, in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. The court may waive the 60 day time period for filing the petition for excusable neglect.
(l) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.

19-8-6.
(a) Except as otherwise authorized in this chapter:
(1) A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for purposes of such adoption; or
(2) A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for the purpose of such adoption.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e)(1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26.
(2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights or consents to the adoption of her child by her spouse pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender or consent pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.
(j) The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall be as provided in subsection (l) of Code Section 19-8-26.

19-8-7.
(a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child.
(b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.
(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
(d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
(e)(1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26.
(2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.
(f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
(h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
(i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.

19-8-8.
A child may be adopted pursuant to the provisions of this chapter based upon:
(1) A decree which has been entered pursuant to due process of law by a court of competent jurisdiction outside the United States establishing the relationship of parent and child by adoption between each petitioner and a child born in such foreign country; and
(2) The child´s having been granted a valid visa by the United States Immigration and Naturalization Service.

19-8-9.
(a) In those cases where the legal mother of the child being placed for adoption has herself previously adopted such child, said adoptive mother shall execute, in lieu of the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26.
(b) A person signing a surrender pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to withdraw the surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within ten days after signing; and the surrender document shall not be valid unless it so states. The ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday. After ten days, a surrender may not be withdrawn. The notice of withdrawal of surrender shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document

19-8-10.
(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where the court determines by clear and convincing evidence that the:
(1) Child has been abandoned by that parent;
(2) Parent cannot be found after a diligent search has been made;
(3) Parent is insane or otherwise incapacitated from surrendering such rights; or
(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-94,
and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
(b) Surrender of rights of a parent pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13, if that parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:
(1) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; or
(2) To provide for the care and support of that child as required by law or judicial decree,
and the court is of the opinion that the adoption is for the best interests of that child.
(c) Whenever it is alleged by any petitioner that surrender or termination of rights of a parent is not a prerequisite to the filing of a petition for adoption of a child of that parent in accordance with subsection (a) or (b) of this Code section, that parent shall be personally served with a conformed copy of the adoption petition, together with a copy of the court´s order thereon specified in Code Section 19-8-14, or, if personal service cannot be perfected, by registered or certified mail or statutory overnight delivery, return receipt requested, at his last known address. If service cannot be made by either of these methods that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address. A parent who receives notification pursuant to this paragraph may appear in the pending adoption action and show cause why such parent´s rights to the child sought to be adopted in that action should not be terminated by that adoption. Notice shall be deemed to have been received the date:
(1) Personal service is perfected;
(2) Of delivery shown on the return receipt of registered or certified mail or statutory overnight delivery; or
(3) Of the last publication

19-8-11.
(a)(1) In those cases where the department or a child-placing agency has either obtained:
(A) The voluntary written surrender of all parental rights from one of the parents or the guardian of a child; or
(B) An order of a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child,
the department or child-placing agency may in contemplation of the placement of such child for adoption petition the superior court of the county where the child resides to terminate the parental rights of the remaining parent pursuant to this Code section.
(2) In those cases where a person who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such person to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child resides to terminate the parental rights of the remaining parent pursuant to this Code section.
(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where the court determines by clear and convincing evidence that the:
(A) Child has been abandoned by that parent;
(B) Parent of the child cannot be found after a diligent search has been made;
(C) Parent is insane or otherwise incapacitated from surrendering such rights; or
(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-94,
and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
(b) Whenever a petition is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition, and a copy of the court´s order setting forth the date upon which the petition shall be considered or, if personal service cannot be perfected, by registered or certified mail or statutory overnight delivery, return receipt requested, at his last known address. If service cannot be made by either of these methods, that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address. A parent who receives notification pursuant to this subsection may appear and show cause why such parent´s rights to the child sought to be placed for adoption should not be terminated. Notice shall be deemed to have been received the date:
(1) Personal service is perfected;
(2) Of delivery shown on the return receipt of registered or certified mail or statutory overnight delivery; or
(3) Of the last publication.

19-8-12.
(a) The General Assembly finds that:
(1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements;
(2) Adoptive children have a right to permanence and stability in adoptive placements;
(3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children;
(4) A biological father who is not the legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if the biological father who is not the legal father develops a familial bond with the child;
(5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that the biological father who is not a legal father has failed to develop a familial bond with the child; and
(6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section.
(b) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified of adoption proceedings regarding the child in the following circumstances:
(1) If his identity is known to the petitioner, department, or licensed child-placing agency or to the attorney for the petitioner, department, or licensed child-placing agency;
(2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9;
(3) If he is a registrant on the putative father registry who has indicated possible paternity of a child of the child´s mother during a period beginning two years immediately prior to the child´s date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9; or
(4) If the court finds from the evidence, including but not limited to the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts:
(A) Lived with the child;
(B) Contributed to the child´s support;
(C) Made any attempt to legitimate the child; or
(D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child.
(c) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods:
(1) Registered or certified mail or statutory overnight delivery, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt;
(2) Personal service, which notice shall be deemed received when personal service is perfected; or
(3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.
If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.
(d)(1) Where the rights of a parent or guardian of a child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4, the department or a child-placing agency may file, under the authority of this paragraph, a petition to terminate such biological father´s rights to the child with the superior court of the county where the child resides.
(2) Where the rights of a parent or guardian of a child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7 or a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, the petitioner shall file, under the authority of this paragraph, with the superior court either a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate such biological father´s rights to the child.
(3) Where a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from such filing, conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable, in making its determination pursuant to this paragraph. If the court finds from the evidence that such biological father has not performed any of the following acts:
(A) Lived with the child;
(B) Contributed to the child´s support;
(C) Made any attempt to legitimate the child; or
(D) Provided support or medical care for the mother, either during her pregnancy or during her hospitalization for the birth of the child,
and the petitioner provides a certificate as of the date of the petition or the motion, as the case may be, from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child´s mother for a period beginning no later than two years immediately prior to the child´s date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.
(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and
(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father.
(f) A biological father who is not the legal father loses all rights to the child and the court shall enter an order terminating all such father´s rights to the child and such father may not thereafter object to the adoption and is not entitled to receive further notice of the adoption if within 30 days from his receipt of the notice provided for in subsection (b) of this Code section he:
(1) Does not file a legitimation petition and give notice as required in subsection (e) of this Code section;
(2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or
(3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the father of the child.
(g) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7.

19-8-13.
(a) The petition for adoption, duly verified, together with one conformed copy thereof, must be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines:
(1) The petition shall set forth:
(A) The name, age, marital status, and place of residence of each petitioner;
(B) The name by which the child is to be known should the adoption ultimately be completed;
(C) The date of birth and the sex of the child;
(D) The date and circumstances of the placement of the child with each petitioner;
(E) Whether the child is possessed of any property and, if so, a full and complete description thereof;
(F) Whether the child has one or both parents or his biological father who is not the legal father living; and
(G) Whether the child has a guardian.
(2) Where the adoption is pursuant to subsection (a) of Code Section 19-8-4 the following shall be provided or attached or its absence explained when the petition is filed:
(A) An affidavit from the department or a child-placing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with;
(B) The written consent of the department or agency to the adoption;
(C) A copy of the appropriate form verifying the allegation of compliance with the requirements of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
(D) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(3) Where the adoption is pursuant to subsection (a) of Code Section 19-8-5, the following shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of each parent or guardian specified in subsection (e) of Code Section 19-8-5;
(B) The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-5;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-5;
(D) Allegations of compliance with Code Section 19-8-12;
(E) Allegations of compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children;
(F) The accounting required by the provisions of subsection (c) of this Code section;
(G) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the marriage of each petitioner, the divorce or death of each parent of the child sought to be adopted, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and
(H) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(4) Where the adoption is pursuant to subsection (a) of Code Section 19-8-6, the following shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of the parent or guardian specified in subsection (e) of Code Section 19-8-6;
(B) The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-6;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-6;
(D) The consent specified in subsection (j) of Code Section 19-8-6;
(E) Allegations of compliance with Code Section 19-8-12;
(F) Copies of appropriate certificates verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
(G) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(5) Where the adoption is pursuant to subsection (a) of Code Section 19-8-7, the following shall be provided or attached or its absence explained when the petition is filed:
(A) The written voluntary surrender of each parent specified in subsection (e) of Code Section 19-8-7;
(B) The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-7;
(C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-7;
(D) Allegations of compliance with Code Section 19-8-12;
(E) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and
(F) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department.
(6)(A) Where the adoption is pursuant to Code Section 19-8-8, the following shall be provided or attached or its absence explained when the petition is filed:
(i) A certified copy of the final decree of adoption from the foreign country along with a verified English translation. The translator shall provide a statement regarding his qualification to render the translation, his complete name, and his current address. Should the current address be a temporary one, his permanent address shall also be provided;
(ii) A verified copy of the visa granting the child entry to the United States;
(iii) A certified copy along with a verified translation of the child´s amended birth certificate or registration showing each petitioner as parent; and
(iv) A copy of the home study which was completed for United States Immigration and Naturalization Service.
(B) It is not necessary to file copies of surrenders or termination on any parent or biological father who is not the legal father when the petition is filed pursuant to paragraph (1) of Code Section 19-8-8.
(7) Where Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition; but any petitioner shall allege facts demonstrating the applicability of Code Section 19-8-10 and shall allege compliance with subsection (c) of Code Section 19-8-10.
(8) If the petition is filed in a county other than that of the petitioners´ residence, the reason therefor must also be set forth in the petition.
(b) At the time of filing the petition, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; the fees shall be those established by Code Sections 15-6-77 and 15-6-77.1.
(c) Each petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file with the petition, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with:
(1) The birth of the minor;
(2) Placement of the minor with the petitioner;
(3) Medical or hospital care received by the mother or by the minor during the mother´s prenatal care and confinement; and
(4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person.
(d) Every attorney for a petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that if the attorney received or is to receive less than $500.00, the affidavit need only state that fact.
(e) Any report made under this Code section must be signed and verified by the individual making the report.
(f) Whenever a petitioner is a blood relative of the child to be adopted and a grandparent other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with the visitation rights or upon such person´s counsel of record.
(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-103, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits.
(h) A petition for adoption regarding a child or children who have a living biological father who is not the legal father and who has not surrendered his rights to the child or children shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child or children pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of a child of the child´s mother pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child´s date of birth. Such certificate shall indicate a search of the registry on or after the earliest of the following:
(1) The date of the mother´s surrender of parental rights;
(2) The date of entry of the court order terminating the mother´s parental rights;
(3) The date of the mother´s consent to adoption pursuant to Code Section 19-8-6; or
(4) The date of the filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption.
Such certificate shall include a statement that the registry is current as of the earliest date listed in paragraphs (1) through (4) of this subsection, or as of a specified date that is later than the earliest such date.

19-8-14.
(a) It is the policy of this state that, in the best interest of the child, uncontested adoption petitions should be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by the provisions of Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders, or certificates required by this chapter within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing taking into account the circumstances of the petition and the best interest of the child.
(b) Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept the petition as filed.
(c) Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 45 days from the date of the filing of the petition.
(d) Notwithstanding the provisions of subsections (a) and (c) of this Code section, it shall be the petitioner´s responsibility to request that the court hear the petition on a date that allows sufficient time for fulfillment of notice requirements of Code Section 19-8-10 and Code Section 19-8-12, where applicable.
(e) In the best interest of the child the court may hear the petition less than 45 days from the date of filing upon a showing by the petitioner that either no further notice is required or that any statutory requirement of notice to any person will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date.
(f) The court in the child´s best interest may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, and reports or for other good cause shown.
(g) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption.
(h) Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the child-placing agency or other agent appointed by the court pursuant to the provisions of Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law.
(i) Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry.

19-8-15.
If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court.

19-8-16.
(a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The department, child-placing agency, or other independent agent appointed by the court shall also provide the attorney for petitioner with a copy of the report to the court. If for any reason the child-placing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the court is authorized but not required to appoint a child-placing agency or other independent agent to make an investigation in whatever form the court specifies.
(c) If the petition has been filed pursuant to Code Section 19-8-8, or if the department has conducted an investigation and has consented to the adoption, an investigation shall not be required.
(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and the child-placing agency or other independent agent may make application for such records check to the Georgia Crime Information Center.
(e) The court may appoint the department to serve as its agent to conduct the investigation required by this Code section if an appropriate child-placing agency or independent agent is not available. If for any reason the department finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commissioner of human resources to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(f) The court shall require the petitioner to reimburse the child-placing agency or other independent agent, including the department, for the full cost of conducting the investigation and preparing the report. Such cost shall not exceed $250.00 unless specifically authorized by the court.

19-8-17.
(a) The report and findings of the investigating agency shall include, among other things, the following:
(1) Verification of allegations contained in the petition;
(2) Circumstances under which the child came to be placed for adoption;
(3) Whether each proposed adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account;
(4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
(5) Whether or not the adoption is in the best interests of the child, including his general care;
(6) Suitability of the home to the child;
(7) If applicable, whether the identity and location of the biological father who is not the legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with; and
(8) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in deciding the case.
(b) If the report of the investigating agency or independent agent disapproves of the adoption of the child, motion may be made by the investigating agency or independent agent to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law.
(c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.

19-8-18.
(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 the 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 therein.
(2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 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, it shall:
(A) Determine that an appropriate order has previously been entered;
(B) Enter an order consistent with Code Section 19-8-12; or
(C) Continue the hearing until Code Section 19-8-12 is complied with.
(3) If the adoption petition is filed pursuant to subsection (a) of 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 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' 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 discretion deems appropriate.
(b) If the court is satisfied that each living parent or guardian of the child has surrendered or had terminated all his rights to the child in the manner provided by law prior to the filing of the petition for adoption or that each petitioner has satisfied his burden of proof under Code Section 19-8-10, that such petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child, that the child is suitable for adoption in a private family home, and that the adoption requested is for the best interest of the child, it shall enter a decree of adoption, terminating all the rights of each parent and guardian to the child, granting the permanent custody of the child to each petitioner, naming the child as prayed for in the petition, and declaring the child to be the adopted child of each petitioner. In all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the applicability of Code Section 19-8-10.
(c) If the court determines that any petitioner has not complied with this chapter, 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 chapter has not been given or has not been properly given or that the petition has not been properly filed, the court is authorized to enter an order providing for corrective action and an additional hearing.
(d) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition. If the petition is denied because of such reason or for any other reason under law, the court shall commit the child to the custody of the department or to a child-placing agency, if the petition was filed pursuant to Code Section 19-8-4 or 19-8-5. If the 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 that 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.
(e) 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.
(f) Any decree of adoption issued prior to the effective date of this action shall not be subject to any judicial challenge more than six months after July 1, 1995.

19-8-19.
(a) A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state:
(1) Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption terminates all legal relationships between the adopted individual and his relatives, including his parent, so that the adopted individual thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and
(2) A decree of adoption creates the relationship of parent and child between each petitioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under the provisions of any instrument of testamentary gift, bequest, devise, or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a 'child' of that petitioner under a class gift made by the will of a third person.
(b) Notwithstanding the provisions of subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order or unrevoked surrender of parental rights to the child, the child´s right of inheritance from or through the deceased parent shall not be affected by the adoption.

19-8-20.
(a) Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or revocation of the adoption a copy of same in like manner shall be forwarded by the clerk to the department.
(b) At any time after the entry of the decree of adoption, upon the request of an adopted person who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted person or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate.
(c) The adoption certificate shall be in substantially the following form:
This is to certify that _______________________

(names of each adopting parent) have obtained a decree of adoption for _______________________ (full name of adopted child) in the Superior Court of _____ County, Georgia, on the ______ day of ______________,

as shown by the court´s records.
Given under the hand and seal of said court,

this the ______ day of ______________, ____.

_______________
Clerk

19-8-21.
(a) Adult persons may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with two conformed copies, in the superior court in the county in which either any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his written consent to the adoption. The court may assign the petition for hearing at any time. After examining each petitioner and the adult sought to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the relation of parent and child.
(b) Code Section 19-8-19, relating to the effect of a decree of adoption, and Code Section 19-8-20, relating to notice of adoption, shall also apply to the adoption of adults.

19-8-22.
(a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court 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 where 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, 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, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended.
(c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provisions of subsection (a) of this Code section are applicable shall be governed by the provisions of subsection (a) of this Code section, as amended.

19-8-23.
(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days´ prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail or statutory overnight delivery, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to:
Office of Adoptions
Department of Human Resources
Atlanta, Georgia
(b) The department or the child-placing agency may, in its sole discretion, make use of any information contained in the records of the respective department or agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents or to provide notice when required by subsection (a) of this Code section.
(c) The department or the child-placing agency may, in its sole discretion, make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child, or when the information is required by federal law.
(d)(1) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the department or child-placing agency may, in its sole discretion, access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical information contained in its records on such adopted persons.
(2) Upon receipt by the Office of Adoptions of the department or by a child-placing agency of documented medical information relevant to an adoptee, the office or child-placing agency shall use reasonable efforts to contact the adoptive parents of the adoptee or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adoptee. The office or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adoptee.
(e) Records relating in any manner to adoption shall not be open to the general public for inspection.
(f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Biological parent' means the biological mother or biological father who surrendered that person´s rights or had such rights terminated by court order giving rise to the adoption of the child.
(B) 'Commissioner' means the commissioner of human resources or that person´s designee.
(C) 'Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection.
(D) 'Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection.
(2) The department or a placement agency, upon the written request of an adopted person who has reached 18 years of age or upon the written request of an adoptive parent on behalf of that parent´s adopted child, shall release to such adopted person or to the adoptive parent on the child´s behalf nonidentifying information regarding such adopted person´s biological parents and information regarding such adopted person´s birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of either biological parent.
(3)(A) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such person´s biological parent if:
(i) The biological parent whose name is to be released has submitted unrevoked written permission to the department or the placement agency for the release of that parent´s name to the adopted person;
(ii) The identity of the biological parent submitting permission for the release of that parent´s name has been verified by the department or the placement agency; and
(iii) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released.
(B) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adopted person and subject to the same procedures contained in this Code section.
(4)(A) If a biological parent has not filed written unrevoked permission for the release of that parent´s name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, 'notify' means a personal and confidential contact with each biological parent of the adopted person. The contact shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information:
(i) The nature of the information requested by the adopted person;
(ii) The date of the request of the adopted person;
(iii) The right of each biological parent to file an affidavit with the placement agency or the department stating that such parent´s identity should not be disclosed;
(iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department; and
(v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the sealed adoption file should not be disclosed.
(B) If a biological parent files an unrevoked consent to the disclosure of that parent´s identity, such parent´s name shall be released to the adopted person who has requested such information as authorized by this paragraph.
(C) If, within 60 days of being notified by the department or the placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding that biological parent shall not be released.
(D)(i) If six months after receipt of the adopted person´s written request the placement agency or the department has either been unable to notify a biological parent identified in the original adoption record or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person´s biological parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph either without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person.
(iii) If it is verified that a biological parent of the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such information without the necessity of obtaining a court order.
(5)(A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party´s sibling, the department or the placement agency shall notify the sibling of the inquiry. Upon the written consent of a sibling so notified, the department or the placement agency shall forward the requesting party´s name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If a sibling cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased sibling, if known, to the requesting party without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the placement agency or the department has either been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph either without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling.
(C) If the adopted person is deceased and leaves a child, such child, upon reaching 21 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted person would be entitled to obtain such information pursuant to the procedures contained in this Code section.
(6)(A) Upon written request of a biological parent of an adopted person who has reached 21 years of age, the department or a placement agency shall attempt to identify and notify the adopted person. Upon locating the adopted person, the department or the placement agency shall notify the adopted person of the inquiry. Upon the written consent of the adopted person so notified, the department or the placement agency shall forward the biological parent´s name and address to the adopted person and, upon further written consent of the adopted person, shall divulge to the requesting biological parent the present name and address of the adopted person. If the adopted person is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted person, if known, to the requesting biological parent without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from a biological parent of an adopted person who has reached 21 years of age the placement agency or the department has either been unable to notify the adopted person or has been able to notify the adopted person but has not obtained a consent to disclosure from the notified adopted person, then the identity of the adopted person may only be disclosed as provided in division (ii) of this subparagraph.
(ii) The biological parent of an adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted person from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted person pursuant to subparagraph (A) of this paragraph either without success or upon locating the adopted person has not obtained a consent to disclosure from the adopted person and that failure to release the identity and last known address of said adopted person would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent.
(C) If the biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted person in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section.
(7) If an adoptive parent or the sibling of an adopted person notifies the department or placement agency of the death of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted person if they make an inquiry pursuant to the provisions of this Code section.
(8) If a biological parent or parent or sibling of a biological parent notifies the department or placement agency of the death of a biological parent or a sibling of an adopted person, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted person or sibling of the adopted person if he or she makes an inquiry pursuant to the provisions of this Code section.
(9) The Office of Adoptions within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent´s identity to an adopted person upon the adopted person´s request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that office.
(10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection.
(11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the department or the placement agency in its normal course of operations relating to adoption.
(12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts.
(13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection notwithstanding any other provisions of law to the contrary.
(14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, sibling, or adopted person under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection or subparagraph (A) of paragraph (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The department´s determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function.

19-8-24.
(a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
(1) Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or
(2) Directly or indirectly hold out inducements to parents to part with their children.
As used in this subsection, 'inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical expenses directly related to the mother´s pregnancy and hospitalization for the birth of the child and medical care for the child.
(b) It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this chapter.
(c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00 or imprisonment for not more than ten years, or both, in the discretion of the court.
(d)(1) Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or
(B) Place that individual´s child or children for adoption,
whether the communication occurs before or after the birth of such child or children.
(2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorney´s name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication.

19-8-25.
(a) A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to satisfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this chapter must be complied with.
(b) It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this chapter to adoption proceedings pending on July 1, 1990. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to July 1, 1990, shall be valid if the adoption conformed to the requirements of this chapter either as they existed on June 30, 1990, or on July 1, 1990, and each such adoption decree is hereby ratified and confirmed.

19-8-26.
(a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN:

This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child´s placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
_______________
I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child) on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name of child-placing agency or Department of Human Resources, as applicable) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of child-placing agency or Department of Human Resources, as applicable) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
Furthermore, I hereby agree that the (insert name of child-placing agency or Department of Human Resources, as applicable) may seek for the child a legal adoption by such person or persons as may be chosen by the (insert name of child-placing agency or Department of Human Resources, as applicable) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Resources or the child-placing agency is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of child-placing agency or Department of Human Resources, as applicable) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this _______ day of __________, ____.

______________(SEAL)
(Parent or guardian)
__________________
Unofficial witness
_____________
Notary public
(b) Reserved.
(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN:

___________
I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows:
(Mark one of the following as chosen)
____ I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or
____ I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or
____ I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and (insert name of designated licensed child-placing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender.
Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such agent in the conduct of this investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this ______ day of _________, ____.

______________(SEAL)
(Parent or guardian)
__________________
Unofficial witness
Sworn to and subscribed
before me this ______
day of ______________, ____.

_______________________
Notary public (SEAL)
My commission expires ______________.
(d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION

NOTICE TO ALLEGED BIOLOGICAL FATHER:

This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child´s placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
_______________
I, the undersigned, alleged biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, do hereby surrender the child. I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits provided to the child through adoption, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.
Furthermore, I hereby agree that the child is to be adopted and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the agent appointed by the court in the conduct of this investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of child-placing agency representative, Department of Human Resources representative, person to whom surrender is made, or petitioner´s representative, as appropriate) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this ______ day of __________, ____.

___________________(SEAL)
(Alleged biological father)
__________________
Unofficial witness
Sworn to and subscribed
before me this _____
day of ______________, ____.

__________________________
Notary public (SEAL)
My commission expires ______________.
(e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN:

This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child´s placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
______________________
I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name of each person to whom surrender is made) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.
Furthermore, I hereby agree that (insert name of each person to whom surrender is made) may initiate legal proceedings for the legal adoption of the child without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.
Furthermore, I understand that under Georgia law the Department of Human Resources may be required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation.
Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand it may NOT be withdrawn thereafter.
Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily.
Witness my hand and seal this ______ day of ___________, ____.

______________(SEAL)
(Parent or guardian)
__________________
Unofficial witness
_____________
Notary public
(f) Reserved.
(g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

ACKNOWLEDGMENT OF SURRENDER
OF RIGHTS

By execution of this paragraph, the undersigned expressly acknowledges:
(A) That I have read the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION relating to said minor child born (insert name of child), a (male) (female) on (insert birthdate of child);
(B) That I understand that this is a full, final, and complete surrender, release, and termination of all of my rights to the child;
(C) That I have the unconditional right to revoke the surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of each person or entity to whom surrender is made) not later than ten days from the date of the surrender and that after such ten-day period I shall have no right to revoke the surrender;
(D) That the ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday;
(E) That I have read the accompanying surrender and received a copy thereof;
(F) That any and all questions regarding the effect of said surrender and its provisions have been satisfactorily explained to me;
(G) That I have been afforded an opportunity to consult with counsel of my choice prior to execution of the surrender; and
(H) That the surrender of my rights has been knowingly, intentionally, freely, and voluntarily made by me.
Witness my hand and seal this ______ day of ___________, ____.

_______________(SEAL)
(Parent, guardian,
or biological father)
__________________
Unofficial witness
__________________
Notary public
(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The identity and last known address of any spouse or former spouse;
(F) The identity, last known address, and relationship to the mother of the biological father of her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire;
(G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother´s support or medical care during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and
(H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother´s husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and
(2) The affidavit shall conform substantially to the following form:

MOTHER´S AFFIDAVIT

NOTICE TO MOTHER:

This is an important legal document which deals with your child´s right to have its father´s rights properly determined. If you decline to disclose the name and address of the biological father of your child, understand that you may be required to appear in court to explain your refusal and that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.

STATE OF GEORGIA
COUNTY OF ________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That my name is _______________________.
That I am the mother of a (male) (female) child born (insert name of child) in the State of __________, County of ________ on (insert birthdate of child).
That I am ________ years of age, having been born in the State of ________, County of ________ on ______________.
That my social security account number is ________________.
That my marital status at the time of the conception of my child was (check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse is _______________________; his last known address is _______________________; we were married in the State of ________, County of ________ on ________; we have been separated since ______________; we last had sexual relations on __________.

( ) Divorced; the name of my previous spouse is _______________________; we were married in the State of ________, County of ________ on ________; his last known address is ______________; divorce granted in the State of _______, County of ________ on ______________.
( ) Legally married; the name of my spouse (was)(is) ______________; we were married in the State of ________, County of ________ on ______________; and his last known address is ______________.
( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse (was) (is) _______________; his last known address is ______________; our relationship began in the State of _______, County of _______ on _______.
( ) Widowed; the name of my deceased spouse was _______________________; we were married in the State of ________, County of ________ on ________; and he died on ________ in the County of ________, State of ________.
That my name and marital status at the time of the birth of my child was (check the status and complete the appropriate information):
Name ________________________________________
( ) Single, never having been married.
( ) Separated, but not legally divorced; the name of my spouse (was) (is) ____________________; his last known address is ___________________________; we were married in the State of ________________, County of ______________ on ______________________; we have been separated since ____________________; we last had sexual relations on ______________.
( ) Divorced; the name of my former spouse is ___________; we were married in the State of ____________________, County of ______________ on ______________; his last known address is __________________________; divorce granted in the State of ________________, County of ______________.
( ) Legally Married; the name of my spouse (was) (is) ___________________; we were married in the State of ____________________, County of ______________ on _________________ on _________________; and his last known address is __________________________.
( ) Married through common-law relationship prior to January 1, 1997; the name of my spouse (was)(is) ______________; his last known address is ______________; our relationship began in the State of ______________, County of ______________ on ______________.
( ) Widowed; the name of my deceased spouse was ___________; we were married in the State of ________, County of ______________ on ______________; and he died on ______________ in the County of ______________, State of ______________.
That the name of the biological father of my child is (complete appropriate response):
Known to me and is (_________________________);
Known to me but I expressly decline to identify him because ________________________________; or
Unknown to me because
___________________________________________
___________________________________________
That the last known address of the biological father of my child is (complete appropriate response):
Known to me and is ________________________________;
Known to me but I expressly decline to provide his address because ________________________________; or
Unknown to me because
___________________________________________
___________________________________________ .
That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so:
(A) The name of my American Indian tribe is ______________ and the percentage of my American Indian blood is ______ percent.
(B) My relatives with American Indian blood are:
___________________________________________
___________________________________________
(C) I (am) (am not) a member of an American Indian tribe. If so, the name of the tribe is ____________________.
(D) I (am) (am not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is: _______________________ and my registration or identification number is: ____________________________.
(E) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is: ___________________ and the name of the corresponding American Indian tribe is: ____________________________.
(F) A member of my family (is) (is not) registered with an American Indian tribal registry. If so, the name of each such family member is: ___________________________________________ and the name of the corresponding American Indian tribal registry is: __________________________ and their corresponding registration or identification numbers are:____________________.
That to the best of my knowledge, the biological father (is) (is not) of American Indian heritage. If so:
(A) The name of his American Indian tribe is ______________ and the percentage of his American Indian blood is ______ percent.
(B) His relatives with American Indian blood are:
___________________________________________
___________________________________________
___________________________________________
(C) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe is:______________________________.
(D) He (is) (is not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is: ___________________________ and his registration or identification number is: ___________________________.
That the date of birth of the biological father (was __________, ____) or (is not known to me).
That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so:
(A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard).
(B) His rank is __________.
(C) His duty station is ____________________.
If applicable, please provide any additional available information regarding his military service.
___________________________________________
___________________________________________
___________________________________________ .
That the biological father of my child, whether or not identified herein (strike each inappropriate phrase):
(Was) (Was not) married to me at the time this child was conceived;
(Was) (Was not) married to me at any time during my pregnancy with this child;
(Was) (Was not) married to me at the time that this child was born;
(Did) (Did not) marry me after the child was born and recognize the child as his own;
(Has) (Has not) been determined to be the child´s father by a final paternity order of a court;
(Has) (Has not) legitimated the child by a final court order;
(Has) (Has not) lived with the child;
(Has) (Has not) contributed to its support;
(Has) (Has not) provided for my support during my pregnancy or hospitalization for the birth of the child;
(Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child; and
(Has) (Has not) made any attempt to legitimate the child.
That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption: ____________________________.
That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

_________________________
(Biological mother´s signature)
Sworn to and subscribed
before me this ________
day of ______________, ____.
___________________________
Notary public (SEAL)
My Commission Expires _____________.
(i) The affidavit of an adoptive mother required by subsection (a) of Code Section 19-8-9 for the surrender of her rights shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The name and last known address of any spouse at the time the child was adopted and whether any such spouse also adopted the child or was the biological father of the child;
(F) The circumstances surrounding her adoption of her child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any; and
(G) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of her child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the adoptive mother´s husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the adoptive mother need only state the nature of the assistance received.
(2) The affidavit shall be in substantially the following form:

ADOPTIVE MOTHER´S AFFIDAVIT

NOTICE TO MOTHER:

This is an important legal document which deals with your child´s right to have its legal father´s rights properly terminated. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.

STATE OF GEORGIA COUNTY OF ________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________, who, after having been sworn, deposes and says as follows:
That my name is ___________________________________________ .
That I am the adoptive mother of a (male) (female) child born (insert name of child) in the State of ________, County of ________ on (insert birthdate of child).
That I am ________ years of age, having been born in the State of ________, County of __________ on ______________.
That my marital status is (check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse is ______________; his last known address is ______________; we were married in the State of ________, County of __________ on ______________; we have been separated since ______________; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Divorced; the name of my previous spouse is ______________; we were married in the State of ________, County of __________ on ______________; his last known address is ______________; divorce granted in the State of ________, County of __________ on ______________; my previous spouse (did) (did not) also adopt said child; my previous spouse (is) (is not) the biological father of said child.
( ) Legally married; the name of my spouse is ______________; we were married in the State of ________, County of ________ on ______________; his last known address is ______________; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Married through common-law marriage relationship; the name of my spouse is ______________; his address is ______________; the date and place our relationship began is (date, county, state); my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.
( ) Widowed; the name of my deceased spouse is ______________; we were married in the State of ________, County of __________ on ________; he died on ______________ in the County of __________, State of ________; he (did) (did not) also adopt said child; and he (was) (was not) the biological father of said child.
That I adopted my child in the State of ________, County of __________;
That the final order of adoption was entered on ______________;
That there (was) (was not) an adoption agency involved in the placement of my child with me for adoption; and if so its name was _______________________, and its address is _______________________.
That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my child´s placement for adoption: ______________.
That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

_________________
(Adoptive mother)
Sworn to and subscribed
before me this ________
day of __________, ____.
_____________
Notary public
(j) The affidavit of an agency or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form:

AFFIDAVIT OF AGENCY OR
DEPARTMENT REPRESENTATIVE

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That I am (position) of (department or agency).
That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by __________________________, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born (insert name of child) on (insert birthdate of child), I reviewed with and explained to said individual all of the provisions of the surrender, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child.
That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

_______________________
(Agency representative)
Sworn to and subscribed
before me this ______ day
of ______________, ____.
_____________
Notary public
(k) The affidavit of a petitioner´s representative required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

AFFIDAVIT OF PETITIONER´S REPRESENTATIVE

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That my name is ________________________.
That my address is _______________________.
That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by __________________________, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born (insert name of child) on (insert birthdate of child), I reviewed with and explained to said individual all of the provisions of the surrender, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child.
That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

_____________________________
(Petitioner´s representative)
Sworn to and subscribed
before me this ______ day
of ______________, ____.
_____________
Notary public
(l) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form:

PARENTAL CONSENT TO STEPPARENT ADOPTION

I, the undersigned, hereby consent that my spouse (insert name of spouse) adopt my (son) (daughter), (insert name of child), whose date of birth is ______________, and in so doing I in no way relinquish or surrender my parental rights to the child.
I further acknowledge service of a copy of the petition for adoption of the child as filed on behalf of my spouse, and I hereby consent to the granting of the prayers of the petition. I also waive all other and further service and notice of any kind and nature in connection with the proceedings.
This ______ day of ______________, ____.

_______________
(Parent)
__________________
Unofficial witness
_____________
Notary public

China Adoptions to U.S. Down by Over 1000

2007-12-12T14:36:22-05:00

Not a real surprise, but now the numbers are out for FY 2007:

Foreign Adoptions in U.S. Drop
NEW YORK (AP) — The number of foreign children adopted by Americans has dropped for the third year in a row, a consequence of tougher policies in the two countries — China and Russia — that over the past decade have supplied the most children to U.S. families.

Figures for the 2007 fiscal year, provided by the State Department on Friday, showed that adoptions from abroad have fallen to 19,411, down about 15 percent in just the past two years.

It's a dramatic change. The number of foreign adoptions had more than tripled since the early 1990s, reaching a peak of 22,884 in 2004 before dipping slightly in 2005, then falling to 20,679 in 2006.

"A drop in international adoptions is sad for children," said Thomas Atwood, president of the National Council for Adoption. "National boundaries and national pride shouldn't get in the way of children having families."

Adoptions from China, the No. 1 source country since 2000, fell to 5,453. That's down by 1,040 from last year and well off the peak of 7,906 in 2005. Two main factors lie behind this: an increase in domestic adoptions as China prospers and tighter restrictions on foreign adoptions that give priority to stable married couples between 30 and 50 and exclude single people, the obese and others with financial or health problems.

The tighter restrictions didn't take effect until May 2007, but those dossiers haven't even been reviewed yet, much less referred a child.

SOURCE FOR POST: Red Threads - A Chinese Adoption Blog

U.S. Joins Overseas Adoption Overhaul Plan

2007-12-12T12:16:34-05:00

By JANE GROSS

Published: December 11, 2007

The United States, the world leader in international adoptions, will join more than 70 nations committed to standardizing policies, procedures and safeguards to reduce corruption in the largely unregulated adoption marketplace.

When the United States ratifies the Hague Convention on Intercountry Adoption tomorrow in the Netherlands, it will establish federal oversight of adoption policies and policies overseas.

The multilateral treaty is designed to protect children, birth parents and adoptive parents from shady practices, including hidden fees and child abduction.

Each nation names a central authority — here, the State Department — to establish ethical practices, require accreditation for the agencies handling the adoptions, maintain a registry to track complaints and create a system for decertifying agencies that do not meet the standards.

In addition, once the treaty is fully put in place in April, parents seeking a visa for an overseas adoption must demonstrate to the State Department that a child has been properly cleared for adoption, that a local placement had been considered, and that the birth parents were counseled on their decision and have signed consent forms. Prospective adoptive parents also must show they are properly trained for what could be a rocky transition.

“Americans adopt more foreign-born children than all other countries in the world combined,” said Maura Harty, the assistant secretary of state for consular affairs. “As a Hague Convention country we can — we must — require reform and transparency in some countries or adoptions to the U.S. will stop.”

A sharp departure from current practice, the provisions of the treaty could slow the process and frustrate prospective parents. But many more may be spared the broken promises and broken hearts of the current system, which includes no federal oversight of agencies working overseas. The system also has no sanctions against agencies that lure families with photos of unavailable children and encourage them to bribe foreign bureaucrats to expedite an adoption.

“Who can anticipate?” said Regina Robb, the Guatemala program director for World Links, an agency in Scranton, Pa., that has applied for accreditation. “At the end of the day, having a system in place will help, but it will largely depend on how ready a country is to assume the rules of the Hague.”

Ms. Robb predicted the worst problems for adoptions from Guatemala, which has ratified the treaty but has not developed legislation to enact it. The United States has threatened to suspend adoptions from there because of accusations of corruption. Agencies working in countries that have ratified the treaty must be accredited, a process under way in the United States.

More than 300 applications have already been filed and others will be accepted until Feb. 15, 2008, when approvals and rejections will be announced. Among the criteria are the size and qualifications of the staff, the agency’s financial resources and its policies, which must include a transparent fee structure and mandatory training for parents about the physical and emotional condition of orphans.

With a federal registry of approved agencies, families will have access to information that is currently unavailable. In the last seven years, Americans adopted almost 120,000 children from overseas, according to the State Department, which recently released preliminary data for 2007 showing a decline for the third year in a row.

Adoptions dropped from a peak in 2004, with 22,884, to 19,292 in 2007. Experts attribute the decline to more stringent eligibility in China, the most popular place for intercountry adoptions by Americans, and to on-and-off suspension of the international adoption program in Russia.

China sent 5,453 children to American families in 2007, down from 7,906 in 2005. Russia’s total dropped to 2,207, from 3,706 in 2006. Adoptions increased from Guatemala (to 4,728 from 4,135 in 2006), Ethiopia ( to 1,255 from 732) and Vietnam (up to 626 from 163). China has ratified the treaty; neither Ethiopia nor Vietnam has signed it; and Russia has signed but not ratified it.

The United States will continue to process adoptions from countries not party to the convention. But prospective parents will know if an American agency is not accredited, a potential red flag.

SOURCE: New York Times

Guatemala adoption legislation OKd

2007-12-12T12:13:56-05:00

From the Associated Press

December 12, 2007

GUATEMALA CITY -- Guatemalan legislators approved a bill Tuesday that tightens adoptions but allows pending cases, mostly involving U.S. couples, to go through without meeting the stricter requirements.

President Oscar Berger is expected to sign the measure, enabling Guatemala to comply with an international agreement designed to protect adopted children from human trafficking. The country sent 4,135 children to the U.S. last year, making it the largest source of babies for American families after China.

Many adoptive parents feared that the changes would leave in limbo about 3,700 pending adoptions, and the State Department had pressured Guatemala to make exceptions.

Adoptions have been handled exclusively by notaries, who charge an average of $30,000. One in every 100 Guatemalans born in recent years has been growing up as an adopted American.

Critics claim the system has allowed birth mothers to sell their babies for profit, and the new measure expressly prohibits birth parents from being paid.

The legislation would also create an oversight agency responsible for setting any fees.

SOURCE: Los Angeles Times

National Adoption Month, 2007: A Proclamation By the President of the United States of America

2007-11-19T14:37:29-05:00

During National Adoption Month, we recognize the adoptive and foster families who have shared their homes and hearts with children in need, and we encourage more Americans to consider adopting young people of all ages.

Families who adopt show the generous spirit of our Nation. Every child desires a permanent home, and when parents adopt a child to love as their own, lives are forever changed. For parents, the decision to adopt a child is among life's greatest and happiest turning points. On November 17, families across the country will celebrate National Adoption Day by finalizing their adoptions, and each one of these homes will be richer for the addition of new family members.

My Administration is committed to promoting adoption of children of all ages. We are working to bring together more children with loving, adoptive parents through the Collaboration to AdoptUsKids at adoptuskids.org and by providing States with financial assistance through the Adoption Incentives Program. The Promoting Safe and Stable Families Program helps improve care and services to children and families and ensure more young people in America have a caring, secure, and permanent home. Together, these efforts are building a brighter future for our youth.

During National Adoption Month, we honor adoptive and foster parents as they raise children of conviction and character. By accepting the gift of these children, parents are helping shape lives and contributing to the strength of our great Nation.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 2007 as National Adoption Month. I call upon all Americans to observe this month with appropriate programs and activities to honor adoptive families and to participate in efforts to find permanent homes for waiting children.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second.

GEORGE W. BUSH

SOURCE: White House

Guatemala Update November 8, 2007

2007-11-09T15:25:45-05:00

The Department of State has received inquiries about the status of anticipated adoption reforms in Guatemala, and the outlook for adoption cases which are currently pending. Whether the Guatemalan government elects to implement the Hague Convention on December 31st or later in the spring of 2008, pending cases would not be affected if, as expected, the final legislation includes a transition provision that allows pending cases to be processed to conclusion under current law. We continue to advise American Citizens not to initiate new adoptions until the Government of Guatemala has completed its implementation of the Hague Convention.

Adoption reform legislation remains under discussion in Guatemala’s Congress. We continue to advocate for a law that complies with the Hague Convention on Intercountry Adoption and that includes transition provisions for cases already filed under the current system of law.

Passage of a new adoption law is only the first step. The next, urgent priority will be for Guatemalan officials to establish a Hague compliant system. Designing and implementing the necessary structural reforms will take time.

The Guatemalan Government has said it will assume its obligations as a Hague Convention member on December 31, 2007, a decision we support, because Guatemala’s children -- indeed all parties to an international adoption -- deserve the protections afforded by the Convention as soon as possible. When the Hague Convention goes into force for the U.S. in the spring of 2008, both the U.S. and Guatemala must have Hague-compliant adoption procedures in order for new adoption cases to be filed. Thus in the interest of long-term adoptions from Guatemala, responsible, prompt reform of the current law and procedures is critically important. The U.S. is committed to provide assistance and support to the Guatemalan authorities for this task.

SOURCE: U.S. State Department