25 LC 48 1434
House Bill 434
By: Representatives Ballinger of the 23
rd
, Camp of the 135
th
, Rice of the 139
th
, O’Steen of
the 169
th
, Mathiak of the 82
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
1
relating to general provisions relative to offenses against public health and morals, so as to2
provide for the offense of selling a child for financial gain; to provide for a definition; to3
provide for a penalty; to provide for limitations; to provide for a cause of action; to amend4
Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to5
general provisions relative to adoption, so as to provide for conforming cross references; to6
provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to10
general provisions relative to offenses against public health and morals, is amended by11
adding a new Code section to read as follows:12
"16-12-6.
13
(a)(1) It shall be unlawful for any person, organization, corporation, hospital, facilitator,14
or association of any kind whatsoever which is not a child-placing agency, a prospective15
adoptive parent who has a valid, approved preplacement home study report, or an16
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attorney who is a member of the State Bar of Georgia representing a prospective adoptive17
parent who has a valid, approved preplacement home study report to advertise, whether18
in a periodical, by television, radio, or any other public medium or by any private means,19
including, but not limited to, letters, circulars, handbills, internet postings including social20
media, and oral statements, that the person, organization, corporation, hospital, facilitator,21
or association of any kind whatsoever will adopt children or will arrange for or cause22
children to be adopted or placed for adoption.23
(2)(A) Any person, organization, corporation, hospital, facilitator, or association of any24
kind whatsoever which is not a child-placing agency that places an advertisement25
concerning adoption or prospective adoption shall include in such advertisement its26
license number issued by the department.27
(B) Any attorney representing a prospective adoptive parent who has a valid, approved28
preplacement home study report who places an advertisement concerning adoption or29
prospective adoption shall include in such advertisement his or her State Bar of Georgia30
license number.31
(C) Any individual who places an advertisement concerning being an adoptive parent32
shall include in such advertisement that he or she has a valid, approved preplacement33
home study report.34
(b) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or35
association of any kind whatsoever to sell, offer to sell, or conspire with another to sell or36
offer to sell a child for money or anything of value, except as otherwise provided in this37
article.38
(c)(1) As used in this subsection, the term 'inducements' means any financial assistance,39
either direct or indirect, from whatever source, but shall expressly not include:40
(A) The payment or reimbursement of the medical expenses directly related to the41
biological mother's pregnancy and hospitalization for the birth of the child and medical42
care for such child if paid by a licensed child-placing agency or an attorney;43
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(B) The payment or reimbursement of expenses for counseling services or legal44
services for a biological parent that are directly related to the placement by such parent45
of her or his child for adoption if paid by a licensed child-placing agency or an attorney;46
(C) The payment or reimbursement of reasonable living expenses for the biological47
mother if paid by a licensed child-placing agency; or48
(D) The payment or reimbursement of reasonable expenses for rent, utilities, food,49
maternity garments, and maternity accessories for the biological mother if paid from50
the trust account of an attorney who is a member of the State Bar of Georgia in good51
standing.52
(2) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or53
association of any kind whatsoever to directly or indirectly hold out inducements to any54
biological parent to part with his or her child.55
(3) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or56
association of any kind whatsoever to conspire with another to offer or provide57
inducements to a biological parent to part with his or her child.58
(4) It shall be unlawful for an individual to knowingly make false representations in59
order to obtain inducements.60
(5) The report and affidavit filed pursuant to subsections (c) and (d) of Code61
Section 19-8-13 shall include an itemized accounting of all expenses paid or reimbursed62
pursuant to this subsection.63
(d)(1) It shall be unlawful for an individual to knowingly accept expenses as set forth in64
subparagraph (c)(1)(C) or (c)(1)(D) of this Code section for the adoption of her child or65
unborn child if she knows or should have known that she is not pregnant or is not a legal66
mother.67
(2) It shall be unlawful for an individual to knowingly accept expenses as set forth in68
subparagraph (c)(1)(C) or (c)(1)(D) of this Code section from an adoption agency or an69
attorney without disclosing that he or she is receiving such expenses from another70
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adoption agency or attorney in an effort to allow for the adoption of the same child or71
unborn child.72
(3) It shall be unlawful for an individual to knowingly make false representations in73
order to obtain expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code74
section.75
(4) It shall be unlawful for an individual to make false representations as to the existence76
of a pregnancy or the intention to place a child for adoption when such individual knows77
or should have known that the person purported to be pregnant is not pregnant or that the78
person purported to be offering the child for adoption has no intention of placing the child79
for adoption, and such representations cause another to expend financial resources or take80
other specific steps, including, but not limited to, travel or retaining the services of an81
attorney, agency, or social worker, toward adoption of a child in reasonable reliance on82
such representations.83
(e) Any person who violates this Code section shall be guilty of a felony and, upon84
conviction thereof, shall be punished by a fine not to exceed $10,000.00, imprisonment for85
not less than one nor more than ten years, or both, and shall further be subject to a court86
order requiring such person to make restitution to a victim harmed by such person's87
violation.88
(f)(1) Subsection (a) of this Code section shall not apply to communication by private89
means, including written or oral statements, by an individual seeking to:90
(A) Adopt a child or children; or91
(B) Place such individual's child or children for adoption,92
whether the communication occurs before or after the birth of such child or children.93
(2) Subsection (a) of this Code section shall not apply to any communication described94
in paragraph (1) of this subsection which contains the name of an attorney who is a95
member of the State Bar of Georgia, his or her address, his or her telephone number, or96
any combination of such information and which requests that the attorney named in such97
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communication be contacted to facilitate the carrying out of the purpose, as described in98
subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making99
such personal communication.100
(g)(1) Any child-placing agency or individual who is seeking to adopt or seeking to place101
a child for adoption who is damaged by a violation of this Code section may file a civil102
action to recover damages, treble damages, reasonable attorney's fees, and expenses of103
litigation.104
(2) Any individual who is seeking to adopt or seeking to place a child for adoption who105
is damaged by a violation of this Code section may file a civil action in tort, provided that106
such individual would have an existing tort claim under Georgia law."107
SECTION 2.108
Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to109
general provisions relative to adoption, is amended by revising paragraph (4) of110
subsection (c) of Code Section 19-8-13, relating to petition, filing and contents, financial111
disclosures, attorney's affidavit, and redaction of certain information unnecessary, as follows:112
"(4) Reasonable expenses for the biological mother as set forth in subparagraph (c)(1)(C)113
or (c)(1)(D) of Code Section 16-12-6 or 19-8-24;"114
SECTION 3.115
Said article is further amended by revising paragraph (3) of subsection (a) of Code116
Section 19-8-18, relating to hearing, district attorney to be directed to review inducement117
violations, decree of adoption, factors considered in determining best interests of child, and118
disposition of child on denial of petition, as follows:119
"(3) If the adoption petition is filed pursuant to Code Section 19-8-5, the court shall120
examine the financial disclosures required under subsections (c) and (d) of Code121
Section 19-8-13 and make such further examination of each petitioner and his or her122
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attorney as the court deems appropriate in order to make a determination as to whether
123
there is cause to believe that Code Section 16-12-6 or
19-8-24 has been violated with124
regard to the inducement, as such term is defined in Code Section 16-12-6 and 19-8-24,125
of the placement of the child for adoption. Should the court determine that further126
inquiry is in order, the court shall direct the district attorney for the county to review the127
matter further and to take such appropriate action as the district attorney in his or her128
discretion deems appropriate."129
SECTION 4.130
All laws and parts of laws in conflict with this Act are repealed.131
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