On Adoption and Foster Care

LAW OF GEORGIA

ON ADOPTION AND FOSTER CARE

 

Chapter I - General provisions

 

Article 1 - Purpose and scope of the Law

1. The purpose of this Law is: to promote the exercise of the priority right of children to be raised in a family environment, on the basis of principles recognised in the Constitution of Georgia, international agreements and treaties of Georgia and other normative acts of Georgia, and to ensure the proper functioning of the system of adoption and foster care and the protection of rights of all persons participating in adoption and foster care, and facilitate the effective implementation of procedures for adoption and foster care by authorised bodies in the territory of Georgia.

2. This Law establishes the rules, conditions and procedures for adoption and foster care of underage citizens of Georgia or persons having the status of a stateless person in Georgia, and regulates relationships arising between the State and adoptive/foster families during the implementation of these procedures.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

 

Article 2 - Scope of the Law

This Law applies to citizens of Georgia, to persons having the status of a stateless person in Georgia and to foreigners who intend to adopt or provide foster care to underage citizens of Georgia or persons having the status of a stateless person in Georgia, as well as to citizens of Georgia and persons having the status of a stateless person in Georgia who are subject to adoption or foster care in accordance with this Law.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

 

Article 3 - Legal grounds for adoption and foster care

Legal grounds for adoption and foster care are: the Constitution of Georgia, international agreements and treaties of Georgia, including the UN Convention on the Rights of the Child, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, the Civil Code of Georgia, the Law of Georgia on Social Assistance, this Law and other legal acts.

 

Article 4 - Definition of terms

For the purposes of this Law, the terms used therein have the following meanings:

а) emergency foster care - foster care taking into account the interests of a child in accordance with the rules established by the Minister of Labour, Health and Social Affairs of Georgia, when the assessment of compatibility between a foster child and a foster family is not conducted;

b) prospective adoptee - a person under the age of 18 who is registered in the Registry of Adoptive Parents and Prospective Adoptees, in accordance with the rules established by this Law;

c) the Registry of Adoptive Parents and Prospective Adoptees ('the Registry') - a system comprising data on prospective adoptees and adoptive parents;

d) foster mother/father - a member of the foster family to whom a child is transferred for care and upbringing in accordance with the legislation of Georgia;

e) abandoned child - a person under the age of 18 who is declared abandoned by a court in accordance with this Law and whose parent(s) is(are) deprived of parental rights and duties with regard to this child;

f) foster family - the family of a foster mother/father to whom a child or a person under the age of 18 or a person aged 18-21 subject to diversion is transferred for foster care;

g) foster care - upbringing and care by a foster family for a child or a person under the age of 18 or a person aged 18-21 subject to diversion on the basis of an agreement entered into between the state and the foster family;

h) foster child - a child or a person under the age of 18 or a person aged 18-21 subject to diversion, transferred by the state to a foster family for care and upbringing on the basis of an agreement entered into between the state and the foster family;

i) Minister - the Minister of Labour, Health and Social Affairs of Georgia;

j) foundling - an unknown person under the age of 18 from the moment of discovery to the moment of identification;

k) orphan - a child who has lost both parents;

l) prevention - a set of measures aimed at protecting the priority right of children to be raised in a family environment and avoiding their declaration as children without parental care;

m) reintegration - returning of a person placed in a specialised institution to his/her biological family or to a guardian/caregiver;

n) the Agency - the Agency operating under the Ministry of Labour, Health and Social Affairs of Georgia, which is the central authority for guardianship and custodianship, and its territorial units are local authorities for guardianship and custodianship in the territory of Georgia;

o) Ministry - the Ministry of Labour, Health and Social Affairs of Georgia;

p) social worker - a person having a special authority granted by the guardianship and custodianship authority;

q) adoption - relationship established under the law between an adoptive parent and an adoptee, similar to the relationship between a parent and a child;

r) parent identification - obtaining an identification document, birth certificate or birth civil record of a person;

r) identification of a foundling - obtaining an identification document, birth certificate or birth civil record of a person;

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 3717 of 12 June 2015 - website, 24.6.2015

 

Article 5 - Adoptive parent

An adoptive parent may be any person of full legal age and capacity, except for a person:
 

a) who has been deprived of parental rights or had previously adopted a person, or had been a guardian/custodian of a minor or had provided foster care to a person, but that relationship was cancelled due to the improper performance of his/her duties;

b) whose parental rights and duties are restricted in accordance with the legislation of Georgia due to a failure to exercise his/her parental rights or to perform his/her duties properly;

c) who cannot perform his/her parental duties properly due to a health condition (according to the list of diseases approved by the Ministry);

d) who was convicted for a grave or especially grave crime by a court and his/her conviction is not expunged or removed in accordance with the rules established by the legislation of Georgia;

e) who has been tried for a crime defined in Chapter XXIV of the Criminal Code of Georgia and his/her conviction is not expunged or removed in accordance with the rules established by the legislation of Georgia;

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 6 - Person subject to adoption

1. A person under the age of 18 registered in the Registry, who has been granted the status of prospective adoptee, shall be subject to adoption.

2. The status of prospective adoptee shall be granted to a person:

a) whose parent(s) was (were) declared as missing or dead by a court;

b) who is an orphan;

c) who is declared an abandoned child;

d) whose parent(s) was (were) deprived of parental rights;

e) all of whose legal representatives give their consent to his/her placement for adoption in accordance with the rules established by the Minister.

3. A person shall be granted the status of prospective adoptee by an appropriate order of the guardianship and custodianship authority, and data on the prospective adoptee shall be recorded in the Registry.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 3354 of 20 March 2015 - website, 31.3.2015

 

Article 7 - Foster mother/father

A foster mother/father may be a person of full legal age, a citizen of Georgia, a person having the status of a stateless person in Georgia or a foreigner permanently residing in Georgia, except for:

a) a person declared by a court as a person with limited capability or as a beneficiary of support, unless otherwise determined under the court decision;

b) a person whose parental or guardianship/custodianship rights and duties are restricted, suspended or deprived due to the failure to perform duties determined by law;

c) a person who cannot raise children due to his/her health condition (according to the list of diseases approved by the Ministry);

d) a person who or whose family member was convicted for grave or especially grave crime by a court and his/her conviction is not expunged or removed in accordance with the rules established by the legislation of Georgia;

e) the parent of a foster child, as well as a guardian/caregiver who carries an obligation to support this child;

f) a person who was deprived of a foster child due to the failure to perform duties determined by the legislation of Georgia and the agreement entered into between the state and the foster family;

g) a person whose family's social status is assessed by the established rules and the rating score to be below the threshold determined by the Government of Georgia;

h) a person who has been tried for a crime defined in Chapter XXIV of the Criminal Code of Georgia and his/her conviction is not expunged or removed in accordance with the rules established by the legislation of Georgia;

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 3354 of 20 March 2015 - website, 31.3.2015

 

Article 8 - Persons subject to foster care

1. The following persons under the age of 18 shall be subject to foster care:

a) an orphan;

b) whose parent(s) was (were) declared missing or dead by a court;

c) whose parent(s) was (were) restricted, deprived or suspended of parental rights and duties.

1¹. A person under the age of 18 or a person aged 18-21 with respect to whom placement for foster care is applied as a diversion measure shall also be subject to foster care in the cases provided for in the Juvenile Justice Code.

1². The rules and procedures for applying placement for foster care as a diversion measure shall be determined by the Order of the Minister of Justice on the Approval of Guidelines for Prosecutors on Diversion and Mediation and Basic Terms of the Agreement to be entered into between the Parties.

2. Persons subject to foster care shall be registered in accordance with the rule established by the Minister.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 3354 of 20 March 2015 - website, 31.3.2015

Law of Georgia No 3717 of 12 June 2015 - website, 24.6.2015

 

Chapter II - Authorities implementing procedures for adoption and foster care and their powers

 

Article 9 - Authorities implementing procedures for adoption and foster care and their powers

1. The Agency is the body authorised to implement the procedures for adoption and foster care.

2. A court is the body making the final decision on adoption.

3. Except for the Agency, all other natural and legal persons shall be prohibited from carrying out any actions, including preliminary activity (deal) between a biological parent of a specific child and/or natural and/or legal persons, or from facilitating such an action (deal) for the purpose of adoption or foster care. In addition, a lawyer or any other authorised person provided for by the legislation of Georgia may provide legal services during adoption, and in the case of international adoption, an authorised body dealing with the issues of adoption of the receiving country, and in the absence thereof, any other accredited legal person may provide a services during adoption.

 

Article 10 - Powers of the Agency in the area of Adoption and Foster Care

1. The Agency shall:

a) coordinate the work of the local authorities of guardianship and custodianship;

b) carry out state policy and protect the rights of children during adoption and foster care;

c) maintain the Registry, ensure its systematisation and processing;

d) provide timely financial support to foster mothers/fathers;

e) exercise other powers in the area of adoption and foster care, determined by this Law and other normative acts of Georgia.

2. Only the Agency shall be authorised to conduct an international adoption.

3. Upon request of a person who has attained the age f of 18 years, the Agency shall be obliged to provide him/her with biographical data, as well as information on his/her biological parent(s), if any, in accordance with Article 25(2) of this Law.

4. The Agency shall maintain the information referred to in paragraph 3 of this article, in accordance with the rules established by the legislation of Georgia.

 

Article 11 - Powers of the local authorities of guardianship and custodianship in the area of adoption and foster care

1. Territorial units of the Agency are local authorities of guardianship and custodianship in their jurisdictions.

2. A local authority of guardianship and custodianship shall:

a) in its jurisdiction, protect the rights of children, including the right of children to be cared for, to receive education and health care, and represent children at all stages of the adoption procedure within the powers defined by the legislation of Georgia;

b) detect persons subject to foster care and persons interested in providing foster care, as well as register persons subject to foster care, persons interested in providing foster care, foster mothers and fathers and systemise information on those persons;

c) develop a child's individual development plan and monitor implementation of this plan;

d) supervise living conditions, upbringing, development, education and health state of foster children, as well as the performance of duties by foster mothers and fathers;

e) assess adoptive parents and prospective adoptees, as well as persons interested in providing foster care, and foster children;

f) assess the compatibility of adoptive parents and prospective adoptees, as well as of persons interested in providing foster care, and foster children (except emergency foster care) taking into account the following negative criteria:

f.a) the age difference between the adoptive parents and prospective adoptee, or between the persons interested in providing foster care and the foster child is less than 16 years, except for the cases defined by law;

f.b) the child, if he/she has attained the age of 10, is against adoption or foster care;

f.c) adoptive parents and prospective adoptees, as well as persons interested in providing foster care and a foster child are of different religious affiliations;

g) hold consultations on issues of adoption and foster care within its powers;

h) exercise other powers determined by this Law and other normative acts of Georgia.

3. The rules of operation of guardianship and custodianship authorities shall be established by the Minister.

 

Chapter III - Adoption procedures

 

Article 12 - Detection and registration of prospective adoptees

1. All heads of fostering institutions, irrespective of the legal form of these institutions, as well as any natural and legal person shall immediately notify the Agency if a child is found.

2. All heads of fostering institutions, irrespective of the legal form of these institutions and/or their affiliation, shall submit to the Agency biographical data and information on social and health status of a child placed in the said institution in the case of the change of the information provided by the institution to the Agency, and/or upon request of the Agency.

3. Children shall be removed from registration only in the case of adoption, death, change of the status of a prospective adoptee or the attainment of full legal age.

4. The rule for keeping records of prospective adoptees shall be determined by an order of the Minister.

 

Article 13 - Measures facilitating the identification of infants in medical institutions

1. The administration of a medical institution shall notify the guardianship and custodianship authority, in accordance with the established rules, on the admission of an obstetric patient without an ID card, within 24 hours after the admission of the obstetric patient to said institution.

2. The administration of medical institutions shall also notify an appropriate guardianship and custodianship authority and the relevant agency of the Ministry of Internal Affairs of Georgia on the elopement of an obstetric patient and on the abandonment of the infant.

3. An appropriate guardianship and custodianship authority, with the assistance of the Ministry of Internal Affairs of Georgia, shall identify (obtain identification data on) the mother who is at risk of abandoning her infant and find out the address of her probable place of residence.

4. Failure to perform the obligations provided for in paragraphs 2 and 3 of this article shall entail administrative liability in accordance with the rules established by the legislation of Georgia.

 

Article 14 -Declaring a child as abandoned

1. A child shall be declared as abandoned if:

a) he/she is a foundling and within six weeks after his/her discovery, the child and/or his/her parent(s) could not be identified through measures implemented by a local authority of guardianship and custodianship, by a territorial body of the Ministry of Internal Affairs of Georgia or by the Legal Entity under Public Law - the Public Service Development Agency under the Ministry of Justice of Georgia;

b) he/she is a foundling and, within the period specified in sub-paragraph (a) of this paragraph and after the implementation of measures under the same paragraph, the child and/or his/her parent(s) were identified, though she/he (they) avoids (avoid) the exercise of parental rights and performance of duties, does (do) not appear in a guardianship and custodianship local authority, or it is impossible to contact him/her (them);

c) by an action or omission the parent(s) of a child expressed her/his (their) intention to abandon the child and, despite the prevention and reintegration measures offered by the State, she/he (they) avoids (avoid) exercising her/his (their) parental rights and duties, or the child stays more than six months in a 24-hour state care facility (except when the health condition of the parent(s) is bad or the parent(s) is (are) in a penitentiary institution) and parental rights and duties of the parent (parents) of the child are suspended or restricted.

2. A decision to declare a child as abandoned shall be made by a court on the application by a guardianship and custodianship authority.

3. Before a guardianship and custodianship authority applies to a court to declare a child as abandoned, the birth of the child shall be registered.

4. A court shall hear the case of declaring a child as abandoned in accordance with the rules established by the Civil Procedure Code of Georgia.

5. A child shall be declared as abandoned from the date of entry into force of a court decision declaring the child as abandoned.

6. Along with the decision declaring a child as abandoned, a court shall also make a decision depriving the parent(s) of the child of parental rights and duties.

7. From the moment of the discovery of a child, or from the moment of abandonment of a child by action or inaction of its parents, up to the entry into force of the court decision declaring the child as abandoned, the parental rights and duties of the parent(s) shall be considered as suspended and these rights shall be exercised and duties shall be performed by the Agency or by the guardianship and custodianship authority.

8. Before a child is declared as abandoned, a local authority of guardianship and custodianship shall:

a) Decide on temporary placement of the child;

b) ensure the protection of rights and legitimate interests of the child and be a legal representative for the child;

c) be authorised to apply to the civil registration authority in accordance with the rules established by the legislation of Georgia to register the birth of the child.

9. Prevention and reintegration measures shall be determined by the rules established by the legislation of Georgia.

Law of Georgia No 3619 of 24 September 2010 --LHGI, No 51, 29.9.2010, Art. 332

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

Law of Georgia No 3541 of 1 May 2015 - website, 18.5.2015

 

Article 15 - Registration of adoptive families/persons

1. A citizen of Georgia, or a person having the status of a stateless person in Georgia, who is interested in adopting a child shall submit an application form approved by the Minister to a local authority of guardianship and custodianship, which shall start assessment of the adoptive family/person.

2. If an adoptive parent consents to adopt a child offered by a local authority of guardianship and custodianship, the adoptive parent shall submit to the guardianship and custodianship local authority the following documents:

a) consent of the spouse if the child is being adopted by one of the parents;

b) copy of an identification document (identity card, passport or residence card);

c) copy of a marriage certificate, if any;

d) certificate of health;

e) certificate of medical and drug testing;

f) certificate of conviction.

3. A foreigner shall submit to the Agency the application and documents provided for in paragraphs 1 and 2 of this article, as well as research concerning the family conducted by the receiving country's authorised body dealing with adoption cases.

4. An adoptive family/person shall make a decision on adoption not later than seven working days after the child is offered for adoption. The adoption shall be deemed refused if said period is exceeded.

5. The rule for storing and releasing information regarding adoption (placement for adoption) and biographical data of adoptees shall be determined by an order of the Minister.

6. The rule for registration of adoptive families/persons shall be approved by the Minister.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

 

Article 16 - Restrictions related to adoption

1. It is prohibited to adopt children aged 10 or above without their consent.

1¹. If a child had lived in an adoptive family and considered an adoptive parent as his/her own parent before submitting an application for adoption, the adoption shall be permitted without the consent of the prospective adoptee, as an exception.

2. Preliminary selection of a pregnant woman for the purpose of adoption and creation of possibilities for taking her out of Georgia for childbirth or facilitation of such an act shall be prohibited.

3. Searching or offering prospective adoptees and adoptive parents by means of public announcements shall be prohibited. Exceptions are public announcements stating that one should apply to the guardianship and custodianship authority for issues related to adoption. Such announcements do not indicate the identity of a child.

4. Adoption may not be made on conditions, for a specified term or through a representative. During adoption, an adoptive parent may use the services of a lawyer or of any other authorised person provided for by the legislation of Georgia; a foreigner may use the services of the receiving country's authorised body dealing with issues related to adoption, and in the absence thereof, use the services of an accredited legal person.

5. The age difference between an adoptive parent and a prospective adoptee shall not be less than 16 years. If there is a reasonable excuse, a court may change this age difference.

6. When a child is adopted by his/her stepmother/stepfather, the age limitation imposed by paragraph 5 of this article shall not apply.

7. Siblings may not be separated except when this is in their (best) interests.

8. A foreigner who was granted citizenship of Georgia in accordance with the rules established by the legislation of Georgia, shall participate in adoption procedures as a citizen of Georgia or as a foreigner, as desired.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 16¹ - Adoption order of priority

1. During adoption, the order of priority recorded in the Registry shall be observed unless this contradicts the compatibility of a prospective adoptee with an adoptive family/person.

2. If an adoptive parent refuses to adopt an offered child, the adoptive parent retains the existing order of priority and he/she must be offered another child in accordance with the criteria selected by him/her, and the rejected child shall be offered to another adoptive parent in accordance with the established rules.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 17 - Priority right to adoption

1. A relative of a child shall have the priority right to adopt. In that case, a relative shall be a deemed a person for whom the prospective adoptee is a sister, brother, grandchild, niece/ nephew, a child of step brother, a child of step sister, cousin, uncle, aunt or a child of any of them, as well as stepmother and stepfather. A foster family - foster mother and/or foster father - shall also have a priority right to adopt not earlier than six months after the child was placed in foster care. An adoptive parent who has already adopted a sister and/or a brother of the prospective adoptee shall also enjoy the priority right to adopt. The priority right to adopt shall be also used when a biological parent(s) and an adoptive parent apply jointly to the Agency for adoption, and in that case the conditions of adoption provided for by this Law shall be taken into account unless otherwise determined by this Law.

2. The priority right to adopt shall be enjoyed by a citizen of Georgia, a person having the status of a stateless person in Georgia and a foreigner who is a relative of the prospective adoptee within the group of people mentioned in paragraph 1 of this article.

3. The order of priority shall not apply to persons who have the priority right to adopt.

4. When the priority right to adopt is used during the implementation of adoption procedures, the guardianship and custodianship authority shall prepare an opinion in accordance with the rules established by this Law.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 18 - Opinion on adoption

1. If an adoptive parent(s) agrees (agree) to adopt the offered child, the local authority of guardianship and custodianship shall prepare an opinion within one week after completion of an assessment conducted by a social worker.

2. An opinion on adoption shall include:

a) biographical data, personal characteristics, and social and health status of an adoptive parent and the reason for adoption;

b) biographical data, personal characteristics, and social and health status of the prospective adoptee.

3. If necessary, an opinion on adoption shall provide for the possibility of raising a child according to the ethnic and cultural environment of the child.

4. If a child is adopted in the territory of Georgia, an opinion on adoption prepared by a local authority of guardianship and custodianship shall be submitted to an appropriate district (city) court within one week after the preparation of the opinion.

5. In the case of international adoption, an opinion on adoption prepared by the Agency shall be submitted to an appropriate district (city) court within one week after preparation of the opinion.

6. The rules for preparing and issuing an opinion on adoption shall be approved by the Minister.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 19 - International adoption

1. A child may be adopted from Georgia to a foreign country if it is impossible for the child to return to his/her biological family or to be adopted by a citizen of Georgia and/or a person having the status of a stateless person in Georgia.

2. A foreigner may adopt a child from Georgia if the child is registered in the Registry, has the status of prospective adoptee and was not be adopted by a citizen of Georgia within eight months after the registration. In that case, the Agency shall conduct research and identify reasons for the failure to find an adoptive parent for this child. The Agency shall start the procedure of placing a child for adoption in a foreign country on the basis of the conducted research, taking into account the interests of the child.

3. A court may shorten the term specified in paragraph 2 of this article taking into account the health condition of the child.

4. In order to place a child for adoption in a foreign country, his/her health status shall be determined, for which an appropriate expert opinion is necessary.

5. The Agency is a competent authority for issues related to international adoption; it communicates with similar agencies of Contracting States to exchange information in accordance with the requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

6. If any foreign country is not a Contracting Party to the Convention referred to in paragraph 5 of this article and/or its legislation does not specify an authorised body for adoption issues, the Minister shall approve the form of a special agreement to be entered into with the Central Authority of the adoptive country (in the absence of such an authority, with an appropriate licensed and/or accredited authorised organisation). An agreement on adoption entered into by the Agency with an authorised body of the receiving country shall comply with the requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and this Law.

7. A foreigner may adopt a child from Georgia if the adoptive parent satisfies the requirements of the legislation of Georgia and is registered in the Registry.

8. The Agency shall provide information to the Ministry of Internal Affairs of Georgia on the adoption of a child from Georgia by a foreigner.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

 

Article 20 - Adoption proceedings

1. A final decision on adoption shall be made by a district (city) court.

2. An adoptive parent shall submit an application for adoption to a court according to the location of an adoptive parent or the prospective adoptee.

3. Interests of a prospective adoptee shall be defended by an authorised person of the guardianship and custodianship authority.

4. In the case of international adoption, interests of a child in court shall be defended by an authorised person of the Agency.

 

Article 21 - Court hearing on adoption

1. Adoption cases shall be heard in camera in accordance with the procedures established by the Civil Procedure Code of Georgia for hearing such cases.

2. Adoption shall be prohibited without the participation of an adoptive parent in the hearing. A court session shall be attended by an authorised person of the guardianship and custodianship authority.

3. In the case of a reasonable excuse, a court session may be held with participation of one of the adoptive parents.

4. If the court considers that adoption complies with the interests of the prospective adoptee and contributes to his/her wellbeing, it shall make a decision on adoption in accordance with the procedure established by Articles 349 and 351 of the Civil Procedure Code of Georgia within two weeks after receiving an application for adoption.

5. A court shall be obliged to notify the Public Service Development Agency, by location, within five days after the decision on adoption enters into force.

6. Adoption shall be in force from the day when a court decision enters into force.

7. Upon request of an adoptive parent and a prospective adoptee (if the adoptee is aged 10 or above) a court session may be open, and the information may be made public.

Law of Georgia No 6317 of 25 May 2012 - website, 19.6.2012

 

Article 22 - Refusal to adopt (to placement for adoption)

1. At any stage of adoption (placement for adoption) procedure, but not later than the moment when a court delivers a final decision on adoption (placement for adoption), the parent (parents), in the case of the consent provided for by Article 6(2)(e) of this Law, as well as an adoptive parent and a prospective adoptee, if the adoptee is aged 10 or above, may refuse adoption (placement for adoption).

2. Taking into account the interests of a child, the guardianship and custodianship authority may change its opinion and request termination of the proceedings before a final decision on adoption (placement for adoption) is made.

 

Article 23 - Amendment of civil status acts

1. Upon the request of an adoptive parent, the name, surname, place of birth and date of birth of the child may be changed for confidentiality reasons. The date of birth may not be changed by more than one month.

2. Upon request of an adoptive parent, she/he shall be indicated as a parent of the adoptee in the birth civil record.

3. When changing the name, surname, place of birth and date of birth of a child who has attained the age of 10, as well as when indicating an adoptive person as the parent of the child in the birth civil record, the court shall take into account the opinion of the child, unless otherwise determined by this Law.

4. The details provided for by this article shall be changed on the basis of a court decision or in accordance with the procedures established by the legislation of Georgia upon request of an adoptive parent.

Law of Georgia No 5572 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 24 - Legal consequences of adoption

1. After a court decision on adoption enters into legal force, the adoptee shall lose property rights and personal non-property rights and shall be released from obligations towards his/her biological parent(s) and relatives.

2. After a court decision on adoption comes into legal force, the child shall acquire the legal status of a common child of marriage of spouses if the child is adopted by spouses or one spouse adopts the child of the other spouse, in accordance with the rights and obligations for children and parents established by the Civil Code of Georgia.

3. By personal and property rights and obligations, an adoptee and his/her descendants shall be equal to biological relatives of adoptive parents and their relatives, and adoptive parents and their relatives shall be equal to biological relatives of the adoptee and his/her descendants.

4. The legal consequences provided for by this Law shall occur irrespective of whether or not an adoptive parent is indicated as his/her parent in the birth civil record.

 

Article 25 - Confidentiality of adoption

1. A judge who makes a decision on adoption, a biological parent, a representative of the guardianship and custodianship authority, an employee of the Civil Registration Agency and any person participating in the adoption procedures are obliged to keep confidential the information received at any stage of the adoption procedure.

2. Disclosure of the secret of adoption without the consent of the biological parent, the adoptive parent and the adoptee who has attained full legal age shall be prohibited except when provided by law.

3. The liability for violating the requirements established by this article shall be determined by the legislation of Georgia.

Law of Georgia No 5572 of 20 December 2011 - website, 28.12.2011

 

Article 26 - Post-adoption monitoring

1. In the case of international adoption, on the basis of a special agreement, the Central Authority is obliged to request from the Central Authority of the adoptive country (in the absence of such a body, from an appropriate authorised licensed and/or accredited organisation) to provide information annually on the health and social status of the child adopted from Georgia in accordance with a special form until the adoptee attains the age of 18.

2. The Ministry shall approve a special form of provision of information on the health and social status of a child adopted from Georgia.

 

Article 27 - Reversing and annulling court decisions on adoption

1. A court decision on adoption may be reversed in accordance with the procedures established by the procedural legislation of Georgia if:

a) an adoption was made in violation of the requirements of the legislation of Georgia;

b) it is requested by the guardianship and custodianship authority based on the interests of an adoptee;

c) the court decision on adoption is based on forged documents;

d) the adoption is fictitious.

2. The guardianship and custodianship authority shall participate in a hearing on the reversal of adoption.

3. A court may reverse a decision on adoption only when it ascertains that this meets the interests of the adoptee.

4. If an adoptee is aged 10 or above, reversal of a court decision shall be permitted only with the consent of the adoptee.

5. A court decision on adoption may not be reversed after an adoptee attains full legal age, except when an adoptive parent, a biological parent and an adoptee consent to the reversal of the court decision on adoption.

6. A court decision on adoption may be annulled according to the procedures established by the legislation of Georgia for the annulment of court decisions.

 

Article 28 - Persons authorised to request the reversal of a court decision on adoption and the procedure for submitting an application with such a request

1. An application for the reversal of a court decision on adoption may be submitted to a court by:

a) biological parent(s) of an adoptee if the adoption was made in violation of the requirements of the legislation of Georgia;

b) the guardianship and custodianship authority if this is necessary to safeguard the interests of an adoptee.

2. An interested person who considers that the adoption does not meet the interests of an adoptee and, therefore, it should be reversed, shall notify the guardianship and custodianship authority, which shall decide whether or not to apply to a court to reverse the court decision.

3. An application requesting reversal of a court decision on adoption shall be submitted to a court according to the place of residence of the adoptive parent.

4. If a claimant is a biological parent(s) of an adoptee and the identity of the adoptive parent is not known to him/her (them), an application to reverse a court decision on adoption shall be submitted to a court according to the place where the court decision was made.

5. If a court decision on adoption is reversed and proceedings are renewed, the case shall be heard according to the general procedures for contested proceedings and the adoptive parent shall be involved in the hearing as a defendant.

 

Article 29 - Results of reversal or annulment of adoption

1. Adoption shall be considered as annulled immediately after a court makes a decision to annul the adoption.

2. A court that made a decision to reverse or annul an adoption is obliged to send its decision to the Public Service Development Agency, according to the place of registration of adoption, within five days after the decision enters into legal force.

3. When an adoption is annulled, the existing rights and obligations between the adoptee and the adoptive parent, as well as between their relatives, shall be terminated. When an adoption is reversed, the rights and obligations of the child and the biological parent(s) and their blood relatives shall be restored.

4. If an adoption is reversed due to the failure of the adoptive parent to properly perform the duty of raising a child, the child shall retain the right to receive alimony from the adoptive parent.

5. When reversing an adoption, a court shall, in accordance with interests of the child, decide the question of retention of the name, surname and other details granted to a child during adoption. If a child is aged 10 or above, the court shall take into account the child's opinion when deciding said issues.

6. After an adoption is annulled, the minor shall be entrusted to his/her parent(s) under a court decision, and if this is impossible or is against the interests of the child, he/she shall be entrusted to the guardianship and custodianship authority.

Law of Georgia No 5572 of 20 December 2011 - website, 28.12.2011

Law of Georgia No 6317 of 25 May 2012 - website, 19.6.2012

 

Chapter IV - Foster care procedures

 

Article 30 - Registration of foster mothers/fathers

1. A citizen of Georgia, a person having the status of a stateless person in Georgia or a foreigner permanently living in Georgia, who is interested in providing foster case (including emergency foster care) shall apply to the guardianship and custodianship authority according to their place of residence.

2. Foster mothers/fathers shall be registered by guardianship and custodianship authorities on the basis of an opinion of a social worker in accordance with the procedures established by the Ministry.

Law of Georgia No 6301 of 25 May 2012 - website, 12.6.2012

 

Article 31 - Preparing opinions and making decisions on foster care

1. The authority to make a decision on foster care shall be granted to guardianship and custodianship authorities. A decision on foster care shall be made on the basis of an assessment conducted by a social worker and the opinion prepared by him/her on the needs of the child and on the abilities of the persons interested in providing foster care (except for emergency foster care).

2. When making a decision on foster care, the following principles shall be observed:

a) the age, sex and health condition of a child desired by persons interested in providing foster care shall be taken into account;

b) the possibility of raising a child in the ethnical, religious and cultural environment close to the child shall be provided to the extent possible;

c) the number of children, including biological and foster children, living in the family interested in providing foster care shall not exceed seven;

d) foster care of a child who has attained the age of 10 shall be provided only with the consent of the child;

e) siblings may not be separated except when this meets their interests.

f) the age difference between a foster mother/father and a foster child shall be at least 16 years.

3. Foster care procedures shall be determined by an order of the Minister.

Law of Georgia No 6494 of 19 June 2012 - website, 2.7.2012

 

Article 32 - Agreement on foster care

1. The guardianship and custodianship authority shall enter into an agreement on foster care with a foster mother/father.

2. An agreement on foster care may be entered into for any term until a foster child attains full legal age.

3. An agreement on foster care shall include:

a) condition for child care and upbringing;

b) rights and obligations of the foster mother/father;

c) rights and obligations of the guardianship and custodianship authority;

d) rights and obligations of the foster child;

e) responsibilities of the parties;

f) conditions for termination of the agreement.

4. Modifications and additions may be made to an agreement on foster care with the agreement of the parties.

 

Article 33 - Termination of an agreement on foster care

1. An agreement on foster care may be terminated:

a) on the initiative of the foster family if there is a valid reason (illness, deterioration of the family or its financial condition, or conflict between the foster child and foster family members);

b) on the initiative of the guardianship and custodianship authority if the conditions and environment for upbringing and foster care in a foster family are harmful for the foster child;

c) if a foster child returns to his/her biological family;

d) if a foster child is adopted;

e) if a foster child attains full legal age;

f) if a foster child marries;

g) in the case of elimination of the grounds provided for in Article 8 of this Law;

h) immediately upon expiry of the agreement.

2. If an agreement on foster care is terminated prematurely, the child shall be transferred to the guardianship and custodianship authority, which shall take measures provided for by the legislation of Georgia.

 

Article 34 - Financial support for foster mothers/fathers

1. Expanses of foster care shall be covered from the State Budget in accordance with the Law of Georgia on Social Assistance.

2. In accordance with the legislation of Georgia, a foster mother/father shall receive social allowance for providing foster care; the amount of such an allowance shall be determined by the Government of Georgia.

3. The period of providing foster care shall be counted towards the working experience of the foster mother/father.

 

Article 35 - Duties and responsibilities of foster families

1. A foster family shall have the following obligations towards a foster child:

a) take care of a foster child in accordance with his/her individual development plan.

b) create a normal family environment for a foster child;

c) notify the guardianship and custodianship authority if a foster child appears in harmful environment and conditions;

d) in accordance with the legislation of Georgia, facilitate the relationship between a foster child and his/her legal representative and other relatives;

e) live in the same house with a foster child;

f) exercise other rights and perform duties defined by the legislation of Georgia.

2. The responsibility of a foster mother/father to perform her/his duties properly shall be determined by the legislation of Georgia.

 

Article 36 - Rights of a foster child in a foster family

1. A foster child shall enjoy all the rights defined by international agreements and other normative acts on children.

2. The principle of a foster child's participation in decisions made in the foster family regarding the foster child shall be observed and his/her opinion shall be respected.

3. Foster care does not restrict the rights of a foster child towards his/her biological parents and blood relatives.

 

Chapter V - Transitional and Final Provisions

 

Article 37 - Transitional provisions

Before 1 March 2010, the Ministry of Labour, Health and Social Affairs of Georgia shall ensure the:

a) approval of the procedure for maintaining the Registry;

b) approval of the procedure for preparing and issuing an opinion on adoption;

c) approval of a registration procedure for adoptive families/persons;

d) approval of a registration procedure for prospective adoptees;

e) approval of a list of diseases in the case of which an adoptive parent shall have no right to adopt a child and a foster parent shall have no right to provide foster care;

f) drafting and publishing of other relevant legal acts, within the scope of its authority, in order to ensure the performance of the obligations determined by this Law.

 

Article 37¹ - Legal regulation in a transitional period with respect to persons declared as legally incompetent by a court before 1 April 2015

A foster mother/father may not be a person declared by a court as legally incompetent before 1 April 2015 until she/he is individually assessed.

Law of Georgia No 3354 of 20 March 2015 - website, 31.3.2015

 

Article 38 - Repealing normative acts after the Law enters into force

The following laws shall be repealed from 1 March 2010:

a) Law of Georgia on Adoption of 18 December 2007 (Legislative Herald of Georgia, No 48, 27.12.2007, Art.416).

b) Law of Georgia on Foster Care of 18 December 2007 (Legislative Herald of Georgia, No 48, 27.12.2007, Art.413).

 

Article 39 - Entry into force

1. This Law, except for Articles 36 and 38 of this Law, shall enter into force from 1 January 2010.

2. Articles 36 and 38 of this Law shall come into force from 1 March 2010.

 

 

President of Georgia                                                                                                                                                             M. Saakashvili

Tbilisi

18 December 2009

No 2381-IIS