Georgia’s Equitable Caregiver Act hangs by a thread with recent Supreme Court decision

The Georgia Supreme Court recently issued a significant ruling in Dias v. Boone, striking down the retroactive application of the state’s Equitable Caregiver Act (O.C.G.A. § 19-7-3.1). The decision has broad implications for non-parent caregivers seeking legal rights to children they have helped raise, and it reinforces the constitutional protections afforded to legal parents. It also calls into doubt the Act’s constitutionality as applied in many other cases, though, for the moment, it lives to see another day.

Case Background

The dispute involved Dias, the legal adoptive mother of a child referred to as “M.D.,” and her former partner, Boone. Boone had been actively involved in M.D.’s upbringing from infancy until early 2018, when Dias terminated their relationship and Boone’s contact with the child. Following the enactment of the Equitable Caregiver Act in July 2019, Boone sought legal recognition as an equitable caregiver to M.D. The trial court granted Boone this status, awarding her joint legal custody and parenting time. Dias appealed, challenging both the retroactive application and the constitutionality of the statute.​

Georgia Supreme Court’s Decision

In a unanimous decision, the Georgia Supreme Court reversed the trial court’s ruling, holding that the Equitable Caregiver Act does not apply retroactively to conduct occurring before its enactment. The Court emphasized that applying the statute to pre-enactment conduct would infringe upon a parent’s fundamental rights without a knowing and voluntary waiver. Specifically, because the Act was not law at the time that Dias allowed Boone to served as a caretaker to the child, Dias could not have known that her conduct could give rise to a claim under the Act. Therefore, Boone’s equitable caregiver status, based solely on her relationship with M.D. prior to 2018, was invalidated.​

Unresolved Constitutional Concerns

While the Court avoided a definitive ruling on the statute’s constitutionality generally, it expressed serious reservations about its potential to infringe upon parents’ fundamental rights. The statute allows non-parents to seek parental and custodial rights without requiring a finding of parental unfitness, which could undermine the constitutional protections afforded to legal parents. This omission raises due process concerns, as it permits courts to override a fit parent’s decisions without clear evidence of harm to the child.​

Additionally, the statute does not mandate that a parent knowingly and voluntarily waive their rights before a non-parent can be granted equitable caregiver status. This lack of explicit waiver requirements could lead to involuntary erosion of parental rights, further complicating the statute's constitutional standing.​

Future Implications

The Court’s reasoning in Dias v. Boone suggests that the Equitable Caregiver Act is on precarious constitutional footing. Future cases challenging the statute may prompt the Court to address these unresolved constitutional issues directly, potentially leading to the statute being struck down entirely or severely limited in its application to future cases. As such, non-parent caregivers seeking legal recognition should be prepared for heightened scrutiny, and legal parents can expect reinforced protections of their custodial rights.​

Conclusion

The Dias v. Boone decision underscores the delicate balance between protecting children’s best interests and upholding parents’ constitutional rights and interests in raising their children as they see fit. As the legal landscape evolves, both caregivers and parents should consult with experienced family law attorneys to navigate the complexities arising from this ruling and the uncertain future of the Equitable Caregiver Statute.

If you need legal assistance in evaluating your rights or potential claim under the Equitable Caregiver Act, contact Resurgens Legal Counsel for a consultation today via our website or by giving us a call at 770-765-7550.