Our Constitutional Right to parent

Unlawful Adoption:

2. Unlawful Adoption Placing a child in care or adoption in violation of the law requires an understanding of Georgia adoption law that is beyond the scope of this manual. Private adoptions are legal in Georgia so long as the appropriate procedural requirements are followed. O.C.G.A. § 19-8-4; O.C.G.A. § 19-8-5, Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-4. Several acts are clearly prohibited by law, the violation of which might be grounds to consider the child deprived under this definition. Id. § 4-4. Any contract in which a mother agrees to the adoption of her child by another in exchange for monetary consideration is void on the grounds of public policy. Downs et al. v. Wortman et al., 228 Ga. 315 (1971). Here, the mother agreed to the adoption of her child in exchange for an airline ticket to another state. Her consent to the adoption was not freely and voluntarily given and she was allowed to withdraw from the agreement. Id. at 315. However, if the monetary consideration goes to the child instead of the parent, any such agreement is not void as being against public policy and is presumably enforceable. Id. at 315. The Georgia Adoption Code also forbids any individual or organization from directly or indirectly holding out inducements to parents to part with their children. O.C.G.A. § 19-8-24(a)(2). In addition, offering a child's services as payment for a debt of the parents is also illegal. The Georgia Supreme Court ruled another contract void on the grounds of public policy because it attempted to transfer the custody of the child to a creditor of the parents, who was to use the services of the child until the debt was paid. The creditor was given full control over their son as though he was the child's parent and could hire the boy out to whomever he chose. Kidd v. Brown, et al., 136 Ga. 85 (1911). The Georgia Juvenile Code also forbids any form of advertising that a person or organization will adopt or will arrange for a child to be placed for adoption. O.C.G.A. § 19-8-24(a)(1). There are no appellate court decisions interpreting this section of the Juvenile Code due to its lack of use at the trial court level. As a result the exact nature of the "unlawful adoption" definition of deprivation remains unclear. Barton Center; Georgia Reference Manual for Special Assistant Attorney General