Ex parte E.L.

I dissent. The main opinion reviews the merits of the adoption in this case; our caselaw, interpreting the United States Constitution, does not permit this Court to do so.

The main opinion holds that the Superi- or Court of Fulton County, Georgia (“the Georgia court”), was not “empowered” to allow the adoption in this case — and thus lacked subject-matter jurisdiction — because it did not comply with Georgia Code Ann., § 19-8-5(a) and § 19-8-18(b). Section 19-8-5(a) designates that a child may be adopted by a “third party” if the rights of the living parents or guardians have been surrendered.…