---
title: O.C.G.A. § 15-11-320. Termination of parental rights; findings; standard of proof.
collection: code
id: 15-11-320
cite_as: O.C.G.A. § 15-11-320 (2025)
canonical_url: https://georgiacommons.org/code/15-11-320
md_url: https://georgiacommons.org/code/15-11-320.md
text_url: https://georgiacommons.org/code/15-11-320/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-2020-pdf.pdf?sfvrsn=d8a8826c_0#page=1041
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: For effective date, see note.
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / JUVENILE CODE / TERMINATION OF PARENTAL RIGHTS / DISPOSITION
---

# O.C.G.A. § 15-11-320. Termination of parental rights; findings; standard of proof.

(a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child’s best interests, it shall order the termination of the parent’s rights.

(b) The court’s order shall:

(1) (For effective date, see note.) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child, including the findings required by subsection (c) of Code Section 15-11-300;

(2) Be conclusive and binding on all parties from the date of entry;

(3) Grant custody of the child at issue in accordance with Code Section 15-11-321; and

(4) Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment.

(c) If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter.

(d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the State Adoption Unit of the department within 15 days of the filing of such order.

## History

Code 1981, § 15-11-320, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2018, p. 19, § 1-2/HB 159; Ga. L. 2020, p. 241, § 4/SB 439.

## Cross References

Time limitations upon orders of disposition — commitment to Division of Youth Services, Uniform Rules for the Juvenile Courts of Georgia, Rule 15.2.

## Law Reviews

For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey on law of domestic relations, see 42 Mercer L. Rev. 201 (1990). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 77 (2018).

## Delayed Effective Date

Paragraph (b)(1), as set out above, becomes effective January 1, 2021. For version of paragraph (b)(1) in effect until January 1, 2021, see the 2020 amendment note.

The 2018 amendment, effective September 1, 2018, substituted ‘‘State Adoption Unit’’ for ‘‘Office of Adoptions’’ in subsection (d).

The 2020 amendment, effective January 1, 2021, added ‘‘, including the findings required by subsection (c) of Code Section 15-11-300’’ at the end of paragraph (b)(1).