- As used in this Code section, the term “family member” shall have the same meaning as set forth in Code Section 19-7-3.
- If a legal mother and biological father, whether he was a legal father or not, of the child who is the subject of the proceeding are both deceased, regardless of whether either individual had surrendered his or her parental rights or had his or her rights terminated, it shall be the privilege of any individual related by blood to such child to file objections to the petition for adoption.
- A family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition for 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 such objections constitute a good reason for denying the petition for adoption and the court shall have the authority to grant or continue such visitation rights of the family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court.
History. Code 1981, § 19-8-15 , enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2016, p. 87, § 3/HB 229; Ga. L. 2017, p. 774, § 19/HB 323; Ga. L. 2018, p. 19, § 1-1/HB 159.
The 2016 amendment, effective July 1, 2016, added paragraph (1); designated the undesignated provisions of this Code section as paragraph (2); and, in paragraph (2), substituted “family member” for “grandparent” in the second and third sentences.
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, redesignated former paragraphs (1) and (2) as subsections (a) and (b), respectively.
The 2018 amendment, effective September 1, 2018, substituted the present provisions of the first sentence of subsection (b) for the former provisions, which read: “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.”; designated the existing provisions of the second and third sentences of subsection (b) as present subsection (c); in subsection (c), substituted “petition for adoption” for “petition of adoption” near the middle of the first sentence, and, in the middle of the second sentence, substituted “such objections” for “the same” and inserted “for adoption”.
Law reviews.
For comment on “Grandparents’ Visitation Rights in Georgia,” see 29 Emory L.J. 1083 (1980).
For note on permissive intervention of grandparents in divorce proceedings, see 26 Ga. L. Rev. 787 (1992).
For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).