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03 LC 22 5080S
(SCS)
(SCS)
Senate Bill
55
By: Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th
AS PASSED SENATE
By: Senators Thomas of the 2nd, Squires of the 5th, Dean of the 31st and Thomas of the 54th
AS PASSED SENATE
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 15-11-103 of the Official Code of
Georgia Annotated, relating to placement of a child following an order
terminating parental rights, custodial authority, and review of placement, so as
to correct the name of the Office of Adoptions; to amend Chapter 8 of Title 19
of the Official Code of Georgia Annotated, relating to adoption, so as to change
the provisions relating to access to records; to correct the name of the Office
of Adoptions; to change the provisions relating to contents and furnishing of
records and reports; to provide for adoption by a child´s
great-grandparent; to change provisions relating to the time for hearing a
petition and forwarding copies of the petition and other documents; to provide
for a copy of the investigating agent´s report to the petitioner´s
attorney; to change the provisions relating to the powers and duties of the
Department of Human Resources and child-placing agencies; to provide for
disclosure of certain information and the practices, procedures, and
requirements related thereto; to amend Chapter 10 of Title 31 of the Official
Code of Georgia Annotated, relating to vital records, so as to change provisions
relating to birth certificates of adopted persons born in foreign countries; to
change the provisions relating to the contents of certificates and to reports
and records; to change provisions relating to practices and procedures; to
provide for applicability; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 15-11-103 of the Official Code of Georgia
Annotated, relating to placement of a child following an order terminating
parental rights, custodial authority, and review of placement, is amended by
striking subsection (b) and inserting in lieu thereof the
following:
"(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to theDivision of Family and Children Services
Adoption Unit Office of Adoptions of the Department of Human
Resources within 15 days of the filing of such
order."
"(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the
SECTION 2.
Chapter 8 of Title 19 of the Official Code of Georgia
Annotated, relating to adoption, is amended by striking subsection (j) of Code
Section 19-8-5, relating to the surrender or termination of parental or
guardian´s rights when the child is to be adopted by a third party, and
inserting in lieu thereof the
following:
"(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
"(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
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."
SECTION 3.
Said chapter is further amended in Code Section 19-8-7,
relating to adoption of a child by relatives, by striking subsection (a) and
inserting in lieu thereof the
following:
"(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."
"(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."
SECTION 4.
Said chapter is further amended by striking Code Section
19-8-14, relating to the time for hearing a petition and sending a copy of the
petition to the Department of Human Resources, and inserting in lieu thereof the
following:
"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 90 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 than60
45 days from the date of the filing of the petition or, when Code
Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice
as provided in subsection (c) of Code Section 19-8-10.
(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 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, together with a request that a
report and investigation be made as required by law.
(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."
"19-8-14.
(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 90 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
(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 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."
SECTION 5.
Said chapter is further amended in Code Section 19-8-16,
relating to investigation by the child-placing agency or other agent, by
striking subsection (a) and inserting in lieu thereof the
following:
"(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."
"(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."
SECTION 6.
Said chapter is further amended by striking subsection (a)
of Code Section 19-8-23, relating to records of adoption, examination of such
records by parties and attorneys, and use of such information, and inserting in
its place the
following:
"(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. This subsection shall not supersede or affect the availability of birth certificates pursuant to the procedure contained in Code Section 31-10-14. 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:
"(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. This subsection shall not supersede or affect the availability of birth certificates pursuant to the procedure contained in Code Section 31-10-14. 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:
Department of Human Resources
Atlanta, Georgia"
SECTION 7.
Said chapter is further amended by striking subsection (d)
of Code Section 19-8-23, relating to records of adoption, examination of such
records by parties and attorneys, and use of such information, and inserting in
its place the
following:
"(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,petition the Superior
Court of Fulton County to obtain access to its own
records on finalized adoptions for the purpose of adding subsequently obtained
medical information or to release 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."
"(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,
(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."
SECTION 8.
Said chapter is further amended by striking subsection (f)
of Code Section 19-8-23, relating to records of adoption, examination of such
records by parties and attorneys, and use of such information, and inserting in
its place the
following:
"(f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Commissioner' means the commissioner ofthe Department of Human Resources human resources or
that person´s designee.
(B) '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.
(C) '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.
(D) '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.
(2) The department or a placement agency, upon the written request of an adopted person who has reached21 18 years of age or upon the written request of an
adoptive parent on behalf of that parent´s adopted child under 21
years of age, 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
subsection paragraph shall include the name or address
of either biological parent or the name or address of any relative by birth or
marriage of the 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:
(A)(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;
(B)(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
(C)(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 parentnamed on the original
birth certificate of the adopted person. The contact shall not
be by mail and 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 filewithin 60 days of receipt of the
notice 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 departmentat any time; 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 theoriginal birth certificate
or 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 adoptedchild
person who has requested such information as authorized by this
paragraph.
(C)If, subsequent to being
notified by the department or placement agency, a biological parent has not
filed an unrevoked consent to the disclosure of that parent´s identity at
any time within six months after the written request for such information is
received by the department or placement agency or such parent has filed with the
department or placement agency within 60 days after notice to such person of the
request for such information an affidavit objecting to such release, whichever
occurs later, that information regarding that biological parent will not be
released. 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 thedirector of
a placement agency or the commissioner certifies that the
placement agency or the department has either been unable
to notify a biological parent identified in the original adoption record
within six months after receipt of the adopted person´s written
request and if neither identified biological parent has at any time filed an
unrevoked consent to disclosure with the placement agency or the
department 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 biologicalparent 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 thatthe a biological parent of the adopted
person is deceased and if there is no sibling of the adopted person who
may be contacted, 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 ofthe 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
the a sibling is deceased or 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 the Code section.
(6)(9) The
Division of Family and Children Services Adoption Unit
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 unit
office.
(7)(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.
(8)(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.
(9)(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.
(10)(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.
(11)(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, or 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.'
(12)(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."
"(f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Commissioner' means the commissioner of
(B) '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.
(C) '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.
(D) '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.
(2) The department or a placement agency, upon the written request of an adopted person who has reached
(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:
(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
(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
(iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department
(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
(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
(C)
(D)(i) If six months after receipt of the adopted person´s written request the
(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
(iii) If it is verified that
(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
(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 the Code section.
SECTION 9.
Chapter 10 of Title 31 of the Official Code of Georgia
Annotated, relating to vital records, is amended by striking Code Section
31-10-13, relating to certificates of adoption, and inserting in its place the
following:
"31-10-13.
(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court.
(b) Information necessary to prepare the report of adoption shall be furnished byeach the petitioner for adoption or the
petitioner´s attorney. The appropriate agency or any person having
knowledge of the facts shall supply the court with such additional information
as may be necessary to complete the report. The provision of such information
shall be prerequisite to the issuance of a final decree in the matter by the
court.
(c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly.
(d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require.
(e) When the state registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such certificate or report to the state registrar in the indicated state of birth.
(f) The following shall apply to certificates of birth of adopted persons born in a foreign country:
(1) If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, but was adopted through a court in this state, theThe state registrar shall prepare and register
establish a certificate in this state of birth
for a person born in a foreign country when the state registrar receives a
certificate of adoption and the child was not a United States citizen at
birth. The certificate of adoption shall specify the actual
place of birth which shall be shown as the place of birth on the birth
certificate. The new birth certificate shall be prepared on a 'Certificate of
Foreign Birth' as prescribed by the state registrar shall be
established upon receipt of a report of adoption from the court decreeing the
adoption and proof of the date and place of birth of the child. The certificate
shall be labeled 'Certificate of Foreign Birth' and shall show the actual
country of birth. A statement shall also be included on the certificate
indicating that it is not evidence of United States citizenship for the person
for whom it is issued. After registration of the birth certificate in the new
name of the adopted person, the state registrar shall seal and file the report
of adoption which shall not be subject to inspection except upon order of a
court of competent jurisdiction or as provided by statute;
and
(2) If a person was born in a foreign country and was not a citizen of the United States at the time of birth but meets the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, and was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and
(2)(3) If a
person was born in a foreign country and was a citizen of the United States at
the time of birth, the state registrar shall not prepare a 'Certificate of
Foreign Birth' and shall notify the adoptive parents of the procedure for
obtaining a revised birth certificate for their child through the United States
Department of
State."
"31-10-13.
(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court.
(b) Information necessary to prepare the report of adoption shall be furnished by
(c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly.
(d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require.
(e) When the state registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such certificate or report to the state registrar in the indicated state of birth.
(f) The following shall apply to certificates of birth of adopted persons born in a foreign country:
(1) If a person was born in a foreign country, is not a citizen of the United States, and does not meet the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, but was adopted through a court in this state, the
(2) If a person was born in a foreign country and was not a citizen of the United States at the time of birth but meets the requirements of the federal Child Citizenship Act of 2000, P.L. 106-395, 114 Stat. 1631, and was adopted through a court in this state, the state registrar shall prepare and register a certificate in this state. The certificate shall be established upon receipt of a report of adoption from the court decreeing the adoption and proof of the date and place of birth of the child. The certificate shall be labeled 'Certificate of Foreign Birth' and shall show the actual country of birth. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute; and
SECTION 10.
Said chapter is further amended by striking Code Section
31-10-14, relating to issuance of a new certificate of birth following adoption
and legitimation or paternity determination, and inserting in its place the
following:
"31-10-14.
(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or
(2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father.
(b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, theexact date of birth
contained on the original certificate shall be shown. The true place of
birth shall be shown if the adoptee is the natural child of the spouse of the
adoptive parent in the case of step-parent adoptions. The true place of birth
shall be shown for all legitimations. For full adoptions, where neither parent
is the natural parent of the adoptee, the place of birth shall be, at the
election of the adoptive parents, either the true place of birth of the adoptee
or the residence of the adoptive parents at the time of the adoptee´s
birth. The place of birth indicated must be located in Georgia. The new
certificate shall be substituted for the original certificate of birth and the
evidence of adoption, legitimation, paternity determination, or paternity
acknowledgment shall be sealed and shall not be subject to inspection except
upon order of a court of competent jurisdiction or as provided by
regulation.
(c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.
(d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
(e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
(f) When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in subsection (g) of this Code section.all All copies
of the original certificate of birth in the custody of any other custodian of
vital records in this state shall be sealed from inspection, destroyed,
or forwarded to the state registrar, as the state registrar shall
direct.
(g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute."
"31-10-14.
(a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
(1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued; or
(2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father.
(b) When a new certificate of birth is established pursuant to this Code section for a person born in this state, the
(c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.
(d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
(e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
(f) When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in subsection (g) of this Code section.
(g) The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute."
SECTION 11.
This Act shall become effective July 1,
2003.
SECTION 12.
All laws and parts of laws in conflict with this Act are
repealed.