Adoption in Georgia is a strictly regulated process subject to state control. Any action that bypasses legal procedures and involves a deal (buying/selling) or transferring a child in exchange for material gain is a criminal offense (Article 172). This norm aims to prevent child trafficking and protect the interests of minors. Charges can be brought against both the biological parent, the adoptive parent, and the intermediary. Often, due to insufficient information, people break the law with good intentions (for example, wanting to help a child), but ignorance of the law does not exempt them from liability. Therefore, qualified legal assistance is crucial when facing charges of violating adoption rules.
What does defense cover in illegal adoption cases?
Lawyers specializing in this field offer comprehensive legal defense:
- Legal assessment of the action: Determining whether the act constituted a "deal" within the meaning of the Criminal Code, or whether it was merely assistance (for example, covering a pregnant woman's medical expenses, which is permissible under certain conditions).
- Evidence analysis: Studying financial transactions, correspondence, and witness testimonies to rule out signs of child trafficking.
- Representation: Protecting the client's interests with social services, investigative bodies, and in court.
- Plea agreement: Negotiating with the prosecutor's office to reduce the sentence or divert the case if necessary.
Common Scenarios
Charges are often related to the following scenarios:
- Direct Agreement: The biological parent and the adoptive parent agree to transfer the child bypassing the state agency, often in exchange for monetary compensation.
- False Documentation: Registering the adoptive parent as the biological father on the child's birth certificate to avoid complex adoption procedures.
- Intermediation: A third party (doctor, lawyer, acquaintance) helps the parties connect and receives a fee, which qualifies as illegal intermediation.
- Online Posts: Posting ads on social networks about "giving away" or adopting a child, which attracts the attention of law enforcement.
Georgian Legislation
Illegal adoption is regulated by Article 172 of the Criminal Code of Georgia (Making a deal for adoption purposes or violation of adoption rules). The law prohibits any action involving buying, selling, or transferring a child in exchange for property or other benefits. Legal procedures are outlined in the Law on "Adoption and Foster Care", which specifies that adoption is possible only through the Agency for State Care and Assistance for the (Statutory) Victims of Trafficking. Court practice is strict — the goal is to exclude child manipulation.
Process Stages
The defense strategy includes:
- Risk Assessment: The lawyer evaluates how strong the charge is and what evidence the prosecution holds.
- Investigation: The lawyer attends interrogations and ensures the client does not give self-incriminating testimony.
- Court: Arguing that the act did not pose a public danger (e.g., the child was given to a decent family and not criminals) and requesting a minimum sentence.
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