Mr. and Mrs. Finstad, appellees (hereinafter “grandparents”) brought a complaint to obtain visitation with their granddaughter, Cassandra Marie. This action was brought pursuant to Code Ann. § 74-112 (b)(3) (Ga. L. 1980, pp. 936, 937), which establishes the procedure and grounds for such an action. Mrs. Smith and the grandparents’ son are the natural parents of Cassandra Marie. They
The Smiths appeal, contending that application of Code Ann. § 74-112 to them is unconstitutional and that the statute is in conflict with Code Ann. § 74-413 (Ga. L. 1977, pp. 201, 219), which deals with the effect of a decree of adoption. This section provides that the adopted person becomes a legal stranger to his former relatives.
The Smiths insist that this a matter of first impression in Georgia. However, the case of
Houston v. Houston,
The Court of Appeals specifically held that although the trial court’s original order had been correct, the statute, as amended, should be given retroactive application so as to confer standing upon the grandparents. This was so because no vested rights were affected. This court has made it clear that no one may acquire a vested interest in the custody of a minor child.
George v. Sizemore,
The legislature’s intent in enacting the 1980 amendment to Code Ann. § 74-112 was to give grandparents standing to seek visitation in a situation in which their own child had lost his or her parental rights through death or termination. Therefore, we have determined that Code Ann. § 74-112 constitutes a specific exception to the provision of Code Ann. § 74-413 that the adopted child shall become a legal “stranger to his former relatives for all purposes.” This case does not raise the issue of whether the 1980 amendment grants to the grandparents any rights of discovery of the information
The other enumerations of error being without merit, the judgment of the trial court is affirmed.
