2019 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-26. Forms
(a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:
"SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it, you are
surrendering all of your rights to the child identified in this document,
so as to place the child for adoption. Understand that you are signing
this document under oath and that if you knowingly and willfully make a
false statement in this document you will be guilty of the crime of false
swearing. As explained below in paragraph 5, you have the right to revoke
this surrender within four days from the date you sign it.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of parent or guardian) who,
after having been sworn, deposes and says as follows:
1. I, the undersigned, being mindful that my (male) (female) [circle one]
child, born (name of child) on (birthdate of child)
at : (A.M.) (P.M.) [circle one], should receive the benefits and
advantages of a good home, to the end that (she) (he) [circle one] may be
fitted for the requirements of life, consent to this surrender of my
parental rights.
2. I, the undersigned, (relationship to child) of the
aforesaid child, do hereby surrender my rights to the child to
(name of child-placing agency, out-of-state licensed
agency, or Department of Human Services, as applicable) and promise not to
interfere in the management of the child in any respect whatever; and, in
consideration of the benefits guaranteed by (name of
child-placing agency, out-of-state licensed agency, or Department of Human
Services, as applicable) in providing for the child, I do relinquish all
rights to the child named in this document, it being my wish, intent, and
purpose to relinquish absolutely all parental control over the child.
Furthermore, I hereby agree that the (name of child-placing
agency, out-of-state licensed agency, or Department of Human Services, as
applicable) may seek for the child a legal adoption by such individual or
individuals as may be chosen by the (name of child-placing
agency, out-of-state licensed agency, or Department of Human Services, as
applicable) or its authorized agents, without further notice to me. I do,
furthermore, expressly waive any other notice or service in any of the
legal proceedings for the adoption of the child.
3. I understand that under Georgia law an agent appointed by the court is
required to conduct an investigation and render a report to the court in
connection with the legal proceeding for the legal adoption of the child,
and I hereby agree to cooperate fully with such agent in the conduct of its
investigation.
4. I understand that I will receive a copy of this document after the
witness and I have signed it and it has been notarized.
5. I understand that under Georgia law I have the unconditional right to a
four-day revocation period. I understand I may only revoke this surrender
by giving written notice, delivered in person or mailed by registered mail
or statutory overnight delivery, to (name and address of
child-placing agency, out-of-state licensed agency, or Department of Human
Services, as applicable) within four days from the date of signing this
document. I understand that certified mail cannot be used for mail
delivery of the notice to revoke this surrender. I understand that the
four days will be counted consecutively beginning with the day immediately
following the date I sign this document; provided, however, that, if the
fourth day falls on a Saturday, Sunday, or legal holiday, then the last day
on which this surrender may be revoked will be the next day that is not a
Saturday, Sunday, or legal holiday. I understand that, if I deliver the
notice to revoke this surrender in person, it must be delivered to
(name and address) not later than 5:00 P.M. eastern
standard time or eastern daylight time, whichever is applicable, on the
fourth day. I understand that I CANNOT revoke this surrender after that
time.
6. I understand that if I am not a resident of this state that I am
agreeing to be subject to the jurisdiction of the courts of Georgia for any
action filed in connection with the adoption of the child. I agree to be
bound by a decree of adoption rendered as a result of this surrender of my
parental rights.
7. Furthermore, I hereby certify that I have not been subjected to any
duress or undue pressure in the execution of this document and I am signing
it freely and voluntarily.
This day of , .
(Parent or guardian)
Adult witness
Sworn to and subscribed
before me this
day of , .
Notary Public (SEAL)
My commission expires: ."
(b) The notice to revoke a surrender of rights pursuant to subsection (a) of Code Section 19-8-9 shall conform substantially to the following form:
"NOTICE TO REVOKE SURRENDER OF RIGHTS/
FINAL RELEASE FOR ADOPTION
I, the undersigned, executed a (SURRENDER OF RIGHTSINAL RELEASE FOR
ADOPTION) (PRE-BIRTH SURRENDER OF RIGHTSINAL RELEASE FOR ADOPTION) [circle
one] as to the child identified in the surrender of rights document on
(date). My relationship to the (child) (unborn child) [circle
one] is that I am the (mother) (father) (alleged biological father)
(guardian) [circle one].
(Complete this paragraph if the child has been born.) This notice to
revoke my surrender of rights applies to the (female) (male) [circle one]
child born (name of child) on (birthdate of child).
I now wish to exercise my right to revoke my surrender of rights.
I understand that for my revocation of surrender to be effective I must:
A. Deliver the original of this document in person to the address
designated in the surrender of rights document no later than 5:00 P.M.
eastern standard time or eastern daylight time, whichever is applicable,
on the fourth day of the revocation period specified in the surrender of
rights document;
OR
B. Mail the original of this document by registered mail or by
statutory overnight delivery to the address designated in the surrender
of rights document no later than the fourth day of the revocation period
specified in the surrender of rights document.
This day of , .
(Parent, guardian, or alleged biological father)
(Printed name)
Adult witness"
(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:
"SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it, you are
surrendering all of your rights to the child identified in this document,
so as to place the child for adoption. Understand that you are signing
this document under oath and that if you knowingly and willfully make a
false statement in this document you will be guilty of the crime of false
swearing. As explained below in paragraph 8, you have the right to revoke
this surrender within four days from the date you sign it.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of parent or guardian) who, after
having been sworn, deposes and says as follows:
1. I, the undersigned, being mindful that my (male) (female) [circle one]
child, born (name of child) on (birthdate of
child) at : (A.M.) (P.M.) [circle one], should receive the
benefits and advantages of a good home, to the end that (she) (he) [circle
one] may be fitted for the requirements of life, consent to this surrender
of my parental rights.
2. I, the undersigned, (relationship to child) of the
aforesaid child, do hereby surrender my rights to the child to
(name, surname not required, of each individual to whom
surrender is made), PROVIDED that each such individual is named as
petitioner in a petition for adoption of the child filed in accordance with
Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia
Annotated within 60 days from the date that I sign this document.
Furthermore, I promise not to interfere in the management of the child in
any respect whatever; and, in consideration of the benefits guaranteed by
(name, surname not required, of each individual to whom
surrender is made) in providing for the child, I do relinquish all rights
to the child named in this document, it being my wish, intent, and purpose
to relinquish absolutely all parental control over the child.
3. It is also my wish, intent, and purpose that if each such individual
identified in paragraph 2 is not named as petitioner in a petition for
adoption within the 60 day period, other than for justifiable good cause,
or, if said petition for adoption is filed within 60 days but the adoption
proceeding is dismissed with prejudice or otherwise concluded without an
order declaring the child to be the adopted child of each such individual,
then I do hereby surrender my rights to the child as follows:
Indicate your choice by signing ONE of the following statements (you may
choose statement A, B, or C):
A. (Signature) I wish the child returned to me, as
provided by subsection (j) of Code Section 19-8-5, and I expressly
acknowledge that this provision applies only to the limited circumstance
that the child is not adopted by the individual or individuals
designated in this document and further that this provision does not
impair the validity, absolute finality, or totality of this surrender
under any circumstance other than the failure of the designated
individual or individuals to adopt the child and that no other provision
of this surrender impairs the validity, absolute finality, or totality
of this surrender once the four-day revocation period has elapsed;
OR
B. (Signature) I surrender the child to
(name of child-placing agency or out-of-state licensed agency), as
provided in subsection (j) of Code Section 19-8-5, for placement for
adoption. I understand that if the child-placing agency or out-of-state
licensed agency declines to accept the child for placement for adoption,
this surrender will be in favor of the Department of Human Services for
placement for adoption and (name of child-placing agency
or out-of-state licensed agency) or the Department of Human Services may
petition the superior court for custody of the child in accordance with
the terms of this surrender;
OR
C. (Signature) I surrender the child to the Department
of Human Services, as provided by subsection (j) of Code Section 19-8-5,
for placement for adoption; and the Department of Human Services may
petition the superior court for custody of the child in accordance with
the terms of this surrender.
4. I hereby agree that the child is to be adopted by each individual named
in paragraph 2 or by any other individual as may be chosen by
(name of child-placing agency or out-of-state licensed
agency) or the Department of Human Services and I do expressly waive any
other notice or service in any of the legal proceedings for the adoption of
the child.
5. I understand that under Georgia law an evaluator is required to conduct
and provide to the court a home study and make recommendations to the court
regarding the qualification of each individual named in paragraph 2 to
adopt the child concerning the circumstances of placement of the child for
adoption.
6. I understand that under Georgia law an agent appointed by the court is
required to conduct an investigation and render a report to the court in
connection with the legal proceeding for the legal adoption of the child,
and I hereby agree to cooperate fully with such agent in the conduct of its
investigation.
7. I understand that I will receive a copy of this document after the
witness and I have signed it and it has been notarized.
8. I understand that under Georgia law I have the unconditional right to a
four-day revocation period. I understand I may only revoke this surrender
by giving written notice, delivered in person or mailed by registered mail
or statutory overnight delivery, to (name and address of
each individual to whom surrender is made or his or her agent) within four
days from the date of signing this document. I understand that certified
mail cannot be used for mail delivery of the notice to revoke this
surrender. I understand that the four days will be counted consecutively
beginning with the day immediately following the date I sign this document;
provided, however, that, if the fourth day falls on a Saturday, Sunday, or
legal holiday, then the last day on which this surrender may be revoked
will be the next day that is not a Saturday, Sunday, or legal holiday. I
understand that, if I deliver the notice to revoke this surrender in
person, it must be delivered to (name and address) not
later than 5:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, on the fourth day. I understand that I CANNOT
revoke this surrender after that time.
9. I understand that if I am not a resident of this state that I am
agreeing to be subject to the jurisdiction of the courts of Georgia for any
action filed in connection with the adoption of the child. I agree to be
bound by a decree of adoption rendered as a result of this surrender of my
parental rights.
10. Furthermore, I hereby certify that I have not been subjected to any
duress or undue pressure in the execution of this document and I am signing
it freely and voluntarily.
This day of , .
(Parent or guardian)
Adult witness
Sworn to and subscribed
before me this
day of , .
Notary Public (SEAL)
My commission expires: ."
(d) The surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
"SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER:
This is an important legal document and by signing it you are
surrendering all of your rights to the child identified in this document.
Understand that you are signing this document under oath and that if you
knowingly and willfully make a false statement in this document you will be
guilty of the crime of false swearing. As explained below in paragraph 4,
you have the right to revoke this surrender within four days from the date
you sign it.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized to
administer oaths, (name of alleged biological father) who,
after having been sworn, deposes and says as follows:
1. I, the undersigned, alleged biological father of a (male) (female)
[circle one] child, born (name of child) to
(name of legal mother) on (birthdate of child) at
: (A.M.) (P.M.) [circle one], being mindful that the child should
receive the benefits and advantages of a good home, to the end that (she)
(he) [circle one] may be fitted for the requirements of life, consent to
this surrender of my rights. I, the undersigned, do hereby surrender my
rights to the child. I promise not to interfere in the management of the
child in any respect whatever; and, in consideration of the benefits
provided to the child through adoption, I do relinquish all rights to the
child named in this document, it being my wish, intent, and purpose to
relinquish absolutely all control over the child.
2. I hereby agree that the child is to be adopted and I do expressly waive
any other notice or service in any of the legal proceedings for the
adoption of the child. I understand that under Georgia law an agent
appointed by the court is required to conduct an investigation and render a
report to the court in connection with the legal proceeding for the legal
adoption of the child, and I hereby agree to cooperate fully with such
agent in the conduct of its investigation.
3. I understand that I will receive a copy of this document after the
witness and I have signed it and it has been notarized.
4. I understand that under Georgia law I have the unconditional right to a
four-day revocation period. I understand I may only revoke this surrender
by giving written notice, delivered in person or mailed by registered mail
or statutory overnight delivery, to (name and address of
child-placing agency representative, out-of-state licensed agency
representative, Department of Human Services representative, individual to
whom surrender is made or his or her agent, or petitioner's representative,
as applicable) within four days from the date of signing this document. I
understand that certified mail cannot be used for mail delivery of the
notice to revoke this surrender. I understand that the four days will be
counted consecutively beginning with the day immediately following the date
I sign this document; provided, however, that, if the fourth day falls on a
Saturday, Sunday, or legal holiday, then the last day on which this
surrender may be revoked will be the next day that is not a Saturday,
Sunday, or legal holiday. I understand that, if I deliver the notice to
revoke this surrender in person, it must be delivered to
(name and address) not later than 5:00 P.M. eastern standard time or
eastern daylight time, whichever is applicable, on the fourth day. I
understand that I CANNOT revoke this surrender after that time.
5. I understand that if I am not a resident of this state that I am
agreeing to be subject to the jurisdiction of the courts of Georgia for any
action filed in connection with the adoption of the child. I agree to be
bound by a decree of adoption rendered as a result of this surrender of my
parental rights.
6. Furthermore, I hereby certify that I have not been subjected to any
duress or undue pressure in the execution of this document and I am signing
it freely and voluntarily.
This day of , .
(Alleged biological father)
Adult witness
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:
"SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it, you are
surrendering all of your rights to the child identified in this document,
so as to place the child for adoption. Understand that you are signing
this document under oath and that if you knowingly and willfully make a
false statement in this document you will be guilty of the crime of false
swearing. As explained below in paragraph 6, you have the right to revoke
this surrender within four days from the date you sign it.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of parent or guardian) who,
after having been sworn, deposes and says as follows:
1. I, the undersigned, being mindful that my (male) (female) [circle one]
child, born (name of child) on (birthdate
of child) at : (A.M.) (P.M.) [circle one], should receive the
benefits and advantages of a good home, to the end that (she) (he) [circle
one] may be fitted for the requirements of life, consent to this surrender
of my parental rights.
2. I, the undersigned, (relationship to child) of the
aforesaid child, do hereby surrender my rights to the child to
(name of each individual to whom surrender is made) and
promise not to interfere in the management of the child in any respect
whatever; and, in consideration of the benefits guaranteed by
(name of each individual to whom surrender is made) in
providing for the child, I do relinquish all rights to the child named in
this document, it being my wish, intent, and purpose to relinquish
absolutely all parental control over the child.
3. I hereby agree that (name of each individual to whom
surrender is made) may initiate legal proceedings for the legal adoption of
the child without further notice to me. I do, furthermore, expressly waive
any other notice or service in any of the legal proceedings for the
adoption of the child.
4. I understand that under Georgia law an agent may be appointed by the
court to conduct an investigation and render a report to the court in
connection with the legal proceeding for the legal adoption of the child,
and I hereby agree to cooperate fully with such agent in the conduct of its
investigation.
5. I understand that I will receive a copy of this document after the
witness and I have signed it and it has been notarized.
6. I understand that under Georgia law I have the unconditional right to a
four-day revocation period. I understand I may only revoke this surrender
by giving written notice, delivered in person or mailed by registered mail
or statutory overnight delivery, to (name and address of
each individual to whom surrender is made or petitioner's representative,
as applicable) within four days from the date of signing this document. I
understand that certified mail cannot be used for mail delivery of the
notice to revoke this surrender. I understand that the four days will be
counted consecutively beginning with the day immediately following the date
I sign this document; provided, however, that, if the fourth day falls on a
Saturday, Sunday, or legal holiday, then the last day on which this
surrender may be revoked will be the next day that is not a Saturday,
Sunday, or legal holiday. I understand that, if I deliver the notice to
revoke my surrender in person, it must be delivered to
(name and address) not later than 5:00 P.M. eastern standard time or
eastern daylight time, whichever is applicable, on the fourth day. I
understand that I CANNOT revoke this surrender after that time.
7. I understand that if I am not a resident of this state that I am
agreeing to be subject to the jurisdiction of the courts of Georgia for any
action filed in connection with the adoption of the child. I agree to be
bound by a decree of adoption rendered as a result of this surrender of my
parental rights.
8. Furthermore, I hereby certify that I have not been subjected to any
duress or undue pressure in the execution of this document and I am signing
it freely and voluntarily.
This day of , .
(Parent or guardian)
Adult witness
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(f) The pre-birth surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (3) of subsection (e) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
"PRE-BIRTH SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER:
This is an important legal document and by signing it, you are
surrendering any and all of your rights to the child identified in this
document, so as to place the child for adoption. You have the right to
wait to execute a PRE-BIRTH SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION
after the child is born, but by signing this document, you are electing to
surrender your rights prior to the birth of this child. Understand that
you are signing this document under oath and that if you knowingly and
willfully make a false statement in this document you will be guilty of the
crime of false swearing. As explained below in paragraph 6, you have the
right to revoke this pre-birth surrender within four days from the date you
sign it.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of alleged biological father)
who, after having been sworn, deposes and says as follows:
1. I, the undersigned, understand that I have been named by , the
biological mother of the child expected to be born in (city)
(county) (state) on or about the day of (month),
(year), as the biological father or possible biological father of her
child. I further understand that the biological mother wishes to place this
child for adoption.
2. To the best of my knowledge and belief, the child has not been born as
of the date I am signing this pre-birth surrender; however, if in fact the
child has been born, this surrender shall have the same effect as if it
were a surrender executed following the birth of the child.
3. I understand that by signing this document I am not admitting that I am
the biological father of this child, but if I am, I hereby agree that
adoption is in this child's best interest. I consent to adoption of this
child by any individual chosen by the child's legal mother or by any public
or private agency that places children without further notice to me. I
expressly waive any other notice or service in any of the legal proceedings
for the adoption of the child. I understand that I have the option to wait
until after the child is born to execute a surrender of my rights (with a
corresponding four-day right of revocation) and, further, that by executing
this document I am electing instead to surrender my rights before the
child's birth.
4. I understand that signing this document does not fully and finally
terminate my rights and responsibilities until an order from a court of
competent jurisdiction terminating my rights or a final order of adoption
is entered. I understand that if the child is not adopted after I sign
this document, legal proceedings can be brought to establish paternity, and
I may become liable for financial obligations related to the birth and
support of this child.
5. I understand that I will receive a copy of this document after the
witness and I have signed it and it has been notarized.
6. I understand that under Georgia law I have the unconditional right to a
four-day revocation period. I understand that I may only revoke this
pre-birth surrender by giving written notice, delivered in person or mailed
by registered mail or statutory overnight delivery, to
(name and address of child-placing agency representative, out-of-state
licensed agency representative, Department of Human Services
representative, individual to whom surrender is made or his or her agent,
or petitioner's representative, as applicable) within four days from the
date of signing this document. I understand that certified mail cannot be
used for mail delivery of the notice to revoke this pre-birth surrender. I
understand that the four days will be counted consecutively beginning with
the day immediately following the date I sign this document; provided,
however, that, if the fourth day falls on a Saturday, Sunday, or legal
holiday, then the last day on which this surrender may be revoked will be
the next day that is not a Saturday, Sunday, or legal holiday. I
understand that, if I deliver the notice to revoke this surrender in
person, it must be delivered to (name and address) not
later than 5:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, on the fourth day. I understand that I CANNOT
revoke this surrender after that time.
7. If prior to my signing this pre-birth surrender I have registered on
Georgia's putative father registry then, if I do not revoke this surrender
within the time permitted, I waive the notice I would be entitled to
receive pursuant to Code Section 19-8-12 of the Official Code of Georgia
Annotated because of my registration on the putative father registry.
8. I understand that if I am not a resident of this state that I am
agreeing to be subject to the jurisdiction of the courts of Georgia for any
action filed in connection with the adoption of the child. I agree to be
bound by a decree of adoption rendered as a result of this surrender of my
parental rights.
9. Furthermore, I hereby certify that I have not been subjected to any
duress or undue pressure in the execution of this document and I am signing
it freely and voluntarily.
This day of , .
(Alleged biological father)
Adult witness
Sworn to and subscribed
before me this day of
, .
Notary public (SEAL)
My commission expires: ."
(g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
"ACKNOWLEDGMENT OF SURRENDER
OF RIGHTS
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of parent, guardian, or alleged
biological father) who, after having been sworn, deposes and says as
follows:
(A) That I have read the accompanying (PRE-BIRTH SURRENDER OF
RIGHTS/FINAL RELEASE FOR ADOPTION) (SURRENDER OF RIGHTS/FINAL RELEASE
FOR ADOPTION) [circle one] relating to the child born (name
of child), a (male) (female) [circle one] on (birthdate of
child);
(B) That I understand that this is a full, final, and complete
surrender, release, and termination of all of my rights to the child;
(C) That I have chosen to retain the unconditional right to revoke
the surrender by giving written notice, delivered in person or mailed by
registered mail or statutory overnight delivery, to
(name and address of child-placing agency or its representative,
out-of-state licensed agency or its representative, Department of Human
Services or its representative, individual to whom surrender is made or
his or her agent, or petitioner's representative, as applicable) within
four days from the date of signing the surrender and that after such
four-day revocation period I shall have no right to revoke the
surrender. I understand that certified mail cannot be used for mail
delivery of the notice to revoke the surrender of my rights. I
understand that, if I deliver the notice to revoke my surrender in
person, it must be delivered to (name and address) not
later than 5:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, on the fourth day. I understand that the four
days will be counted consecutively beginning with the day immediately
following the date I signed the surrender; provided, however, that, if
the fourth day falls on a Saturday, Sunday, or legal holiday, then the
last day on which the surrender may be revoked will be the next day that
is not a Saturday, Sunday, or legal holiday;
(D) That I have read the accompanying surrender of rights and
received a copy thereof;
(E) That any and all questions regarding the effect of such surrender
and its provisions have been satisfactorily explained to me;
(F) That I have been given an opportunity to consult with an attorney
of my choice before signing of the surrender of my rights; and
(G) That the surrender of my rights has been knowingly,
intentionally, freely, and voluntarily made by me.
This day of , .
(Parent, guardian, or alleged biological father)
Adult witness
Sworn to and subscribed
before me this day of
, .
Notary public (SEAL)
My commission expires: ."
(h) The affidavit of a legal mother required by paragraph (1) of subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 for the surrender of her rights shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status at the time of conception and of the birth of the child;
(E) The identity and last known address of her spouse or former spouse and whether any such spouse is the biological father of the child;
(F) The identity, last known address, and relationship to the legal mother of the biological father of the child, provided that she shall have the right not to disclose the name and address of the biological father of the child should she so desire;
(G) Whether or not she has consented to the appointment of a temporary guardian for the child and, if so, provide the name and address of the temporary guardian and the probate court in which the petition for temporary guardianship was filed;
(H) Whether custody of the child has been awarded to another individual and, if so, provide the name of the child's custodian and the court in which custody was awarded;
(I) Whether or not the biological father of the child is or was in a branch of the United States armed forces and, if so, provide details as to his military service;
(J) Whether or not the biological mother or any member of her family is or was an enrolled member of a federally recognized American Indian tribe, is or was a resident of an American Indian reservation, or is or was an Alaskan native;
(K) Whether or not the biological father of the child or any member of his family is or was an enrolled member of a federally recognized American Indian tribe, is or was a resident of an American Indian reservation, or is or was an Alaskan native; and
(L) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by her husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead she need only state the nature of the assistance received; and
(2) The affidavit shall conform substantially to the following form:
"LEGAL MOTHER'S AFFIDAVIT
NOTICE TO LEGAL MOTHER:
This is an important legal document which deals with the child's right
to have his or her biological father's rights properly determined. You
have the right not to disclose the name and address of the biological
father of the child. Understand that you are providing this affidavit
under oath and that if you knowingly and willfully make a false statement
in this affidavit you will be guilty of the crime of false swearing. The
information you provide will be held in strict confidence and will be used
only in connection with the adoption of the child.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, , who, after having been sworn, deposes and
says as follows:
That my name is .
That I am the legal mother of a (male) (female) [circle one] child
born (name of child) in the State of , County of on
(birthdate of child) at : (A.M.) (P.M.) [circle
one]. That I am years of age, having been born in the State of ,
County of on .
That my social security number is .
That my marital status at the time of the conception of the child was
(check the status and complete the appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse
(was) (is) [circle one] ; my spouse's last known address is
; we were married in the State of , County of
on ; we have been separated since ; we last had sexual
relations on (date); my spouse (is) (is not) [circle one] the
biological father of said child.
( ) Divorced; the name of my former spouse is ; we were
married in the State of , County of on ; we last had
sexual relations on (date); my former spouse's last known
address is ; divorce granted in the State of , County
of on ; my former spouse (is) (is not) [circle one] the
biological father of said child.
( ) Legally married; the name of my spouse (was) (is) [circle
one] ; we were married in the State of , County of on
; and my spouse's last known address is ; my spouse (is)
(is not) [circle one] the biological father of said child.
( ) Married through common-law marriage relationship prior to
January 1, 1997; the name of my spouse (was) (is) [circle one]
; my spouse's last known address is ; our
relationship began in the State of , County of on
; my spouse (is) (is not) [circle one] the biological father
of said child.
( ) Widowed; the name of my deceased spouse was ; we
were married in the State of , County of on ; my
spouse died on in the County of , State of .
That my name and marital status at the time of the birth of the child
was (check the status and complete the appropriate information):
Name
( ) Single, never having been married.
( ) Separated, but not legally divorced; the name of my spouse
(was) (is) [circle one] ; my spouse's last known address is
; we were married in the State of , County of
on ; we have been separated since ; we last had sexual
relations on (date); my spouse (is) (is not) [circle one] the
biological father of said child.
( ) Divorced; the name of my former spouse is ; we were
married in the State of , County of on ; we last
had sexual relations on (date); my spouse's last known address
is ; divorce granted in the State of , County of ;
my former spouse (is) (is not) [circle one] the biological father of
said child.
( ) Legally married; the name of my spouse (was) (is) [circle
one] ; we were married in the State of , County of
on ; my spouse's last known address is ; my spouse (is)
(is not) [circle one] the biological father of said child.
( ) Married through common-law relationship prior to January 1,
1997; the name of my spouse (was) (is) [circle one] ; my
spouse's last known address is ; our relationship began in the
State of , County of on ; my spouse (is) (is not)
[circle one] the biological father of said child.
( ) Widowed; the name of my deceased spouse was ; we were
married in the State of , County of on ; my spouse
died on in the County of , State of ; he (was)
(was not) [circle one] the biological father of said child.
That the name of the biological father of the child is (complete
appropriate response):
Known to me and is ( );
Known to me but I expressly decline to identify him because
; or
Unknown to me because
.
That the last known address of the biological father of the child is
(complete appropriate response):
Known to me and is ;
Known to me but I expressly decline to provide his address because
; or
Unknown to me because
.
That, to the best of my knowledge, I (am) (am not) [circle one] an
enrolled member of a federally recognized American Indian tribe, (am)
(am not) [circle one] a resident of an American Indian reservation, or
(am) (am not) [circle one] an Alaskan native. If so:
(A) The name of my American Indian tribe is .
(B) The percentage of my American Indian blood is percent.
That, to the best of my knowledge, a member of my family (is or was)
(is not or was not) [circle one] an enrolled member of a federally
recognized American Indian tribe, (is or was) (is not or was not)
[circle one] a resident of an American Indian reservation, or (is or
was) (is not or was not) [circle one] an Alaskan native. If so:
(A) The name of the American Indian tribe is .
(B) The percentage of my American Indian blood is percent.
(C) My relatives with American Indian or Alaskan native blood are]
.
(D) The name of the American Indian tribe is .
(E) The name of each enrolled member is , and his or her
corresponding registration or identification number is .
That, to the best of my knowledge, the biological father or a member
of his family (is or was) (is not or was not) [circle one] an enrolled
member of a federally recognized American Indian tribe, (is or was) (is
not or was not) [circle one] a resident of an American Indian
reservation, or (is or was) (is not or was not) [circle one] an Alaskan
native. If so:
(A) The name of his American Indian tribe is .
(B) The percentage of his American Indian blood is percent.
(C) His relatives with American Indian or Alaskan native blood are
.
(D) The name of each enrolled member is , and his or her
corresponding registration or identification number is .
That the date of birth of the biological father (is , )
(is not known to me) [circle one].
That the biological father (is) (is not) [circle one] on active duty
in a branch of the United States armed forces. If so:
(A) The branch of his service is (Army) (Navy) (Marine) (Air
Force) (Coast Guard) [circle one].
(B) His rank is .
(C) His duty station is .
If applicable, please provide any additional available
information regarding his military service.
.
That the biological father of the child, whether or not identified in
this document (circle the appropriate phrase):
(Was) (Was not) married to me at the time this child was conceived;
(Was) (Was not) married to me at any time during my pregnancy with
this child;
(Was) (Was not) married to me at the time that this child was born;
(Did) (Did not) marry me after the child was born and recognize
the child as his own;
(Has) (Has not) been determined to be the child's father by a
final paternity order of a court;
(Has) (Has not) legitimated the child by a final court order;
(Has) (Has not) lived with the child;
(Has) (Has not) contributed to its support;
(Has) (Has not) provided for my support during my pregnancy or
hospitalization for the birth of the child; and
(Has) (Has not) provided for my medical care during my pregnancy
or hospitalization for the birth of the child.
That I (have) (have not) [circle one] consented to the appointment of
a temporary guardian for the child. If so, the name of the temporary
guardian is , and the probate court in which the petition
for temporary guardianship was filed is .
That custody of the child has been awarded to (name and
address of custodian) by order of the Court of
County, State of , entered on (date).
That I have received or been promised the following financial
assistance, either directly or indirectly, from whatever source, in
connection with my pregnancy, the birth of the child, and the child's
placement for adoption: .
That I recognize that if I knowingly and willfully make a false
statement in this affidavit I will be guilty of the crime of false
swearing.
(Legal mother)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires ."
(i) The affidavit of an adoptive mother required by paragraph (2) of subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 for the surrender of her rights shall meet the following requirements:
(1) The affidavit shall set forth:
(A) Her name;
(B) Her relationship to the child;
(C) Her age;
(D) Her marital status;
(E) The name and last known address of any spouse or former spouse at the time the child was adopted and whether any such spouse also adopted the child or is the biological father of the child;
(F) The circumstances surrounding her adoption of the child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any;
(G) Whether or not she has consented to the appointment of a temporary guardian for the child and, if so, provide the name of the temporary guardian and the probate court in which the petition for temporary guardianship was filed;
(H) Whether custody of the child has been awarded to another individual and, if so, provide the name of the child's custodian and the court in which custody was awarded; and
(I) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by her husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead she need only state the nature of the assistance received.
(2) The affidavit shall be in substantially the following form:
"ADOPTIVE MOTHER'S AFFIDAVIT
NOTICE TO ADOPTIVE MOTHER:
This is an important legal document which deals with the adopted
child's right to have his or her legal father's rights properly
determined. Understand that you are providing this affidavit under oath
and that if you knowingly and willfully make a false statement in this
affidavit you will be guilty of the crime of false swearing. The
information you provide will be held in strict confidence and will be
used only in connection with the adoption of the child.
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly
authorized to administer oaths, , who, after having been sworn,
deposes and says as follows:
That my name is .
That I am the adoptive mother of a (male) (female) [circle one]
child born (name of child) in the State of , County
of on (birthdate of child) at : (A.M.) (P.M.)
[circle one].
That I am years of age, having been born in the State of
, County of on .
That my social security number is .
That my marital status is (check the status and complete the
appropriate information):
( ) Single, never having been married.
( ) Separated but not legally divorced; the name of my spouse
(was) (is) [circle one] ; my spouse's last known address is
; we were married in the State of , County of
on ; we have been separated since ; we last had sexual
relations on (date); my spouse (did) (did not) [circle one]
also adopt said child; my spouse (is) (is not) [circle one] the
biological father of said child.
( ) Divorced; the name of my former spouse is ; we were
married in the State of , County of on ; we
last had sexual relations on (date); my former spouse's
last known address is ; divorce granted in the State of
, County of on ; my former spouse (did) (did
not) [circle one] also adopt said child; my former spouse (is) (is
not) [circle one] the biological father of said child.
( ) Legally married; the name of my spouse (was) (is) [circle
one] ; we were married in the State of , County of
on ; my spouse's last known address is ; my
spouse (did) (did not) [circle one] also adopt said child; my
spouse (is) (is not) [circle one] the biological father of said
child.
( ) Married through common-law marriage relationship prior to
January 1, 1997; the name of my spouse (was) (is) [circle one]
; my spouse's last known address is ; our
relationship began in the State of , County of on
; my spouse (did) (did not) [circle one] also adopt said
child; my spouse (is) (is not) [circle one] the biological father
of said child.
( ) Widowed; the name of my deceased spouse was ; we
were married in the State of , County of on ;
my spouse died on in the County of , State of ;
he (did) (did not) [circle one] also adopt said child; he (was)
(was not) [circle one] the biological father of said child.
That I adopted the child in the State of , County of .
That the final order of adoption was entered on .
That there (was) (was not) [circle one] an adoption agency
involved in the placement of the child with me for adoption; and if
so its name was , and its address is .
That I (have) (have not) [circle one] consented to the appointment
of a temporary guardian for the child. If so, the name of the
temporary guardian is: , and the probate court in which the
petition for temporary guardianship was filed is .
That custody of the child has been awarded to (name and
address of custodian) by order of the Court of
County, State of , entered on (date).
That I have received or been promised the following financial
assistance, either directly or indirectly, from whatever source, in
connection with the child's placement for adoption: .
That I recognize that if I knowingly and willfully make a false
statement in this affidavit I will be guilty of the crime of false
swearing.
(Adoptive mother)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(j) The affidavit of a child-placing agency, out-of-state licensed agency, or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form:
"AFFIDAVIT OF CHILD-PLACING AGENCY,
OUT-OF-STATE LICENSED AGENCY, OR
DEPARTMENT REPRESENTATIVE
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, , who, after having been sworn, deposes and
says as follows:
That I am (position) of (name of department,
child-placing agency, or out-of-state licensed agency).
That prior to the execution of the accompanying SURRENDER OF
RIGHTS/FINAL RELEASE FOR ADOPTION by , releasing and
surrendering all of (his) (her) [circle one] rights in a (male) (female)
[circle one] child born (name of child) on
(birthdate of child) at : (A.M.) (P.M.) [circle one], I
reviewed with and explained to such individual all of the provisions of
the surrender of rights, and particularly the provisions which provide
that the surrender is a full surrender of all rights to the child.
That based on my review and explanation to such individual, it is my
opinion that such individual knowingly, intentionally, freely, and
voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.
(Representative)
(Department or agency name)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(k) The affidavit of a petitioner's representative or of the representative of the individual signing the surrender of rights required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
"AFFIDAVIT OF REPRESENTATIVE
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, , who, after having been sworn, deposes and
says as follows:
That my name is .
That my address is .
That prior to the execution of the accompanying SURRENDER OF
RIGHTS/FINAL RELEASE FOR ADOPTION by , releasing and
surrendering all of (his) (her) [circle one] rights in a (male) (female)
[circle one] child born (name of child) on
(birthdate of child) at : (A.M.) (P.M.) [circle one], I
reviewed with and explained to such individual all of the provisions of
the surrender of rights, and particularly the provisions which provide
that the surrender is a full surrender of all rights to the child.
That based on my review and explanation to such individual, it is my
opinion that such individual knowingly, intentionally, freely, and
voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.
(Petitioner's representative or the
representative of the individual
signing the surrender)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(l) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form:
"PARENTAL CONSENT TO STEPPARENT ADOPTION
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of parent) who, after having been
sworn, deposes and says as follows:
I, the undersigned, hereby consent that my spouse (name of
spouse) adopt my (son) (daughter) [circle one], (name of child),
whose date of birth is , and in so doing I in no way relinquish or
surrender my parental rights to the child. I further acknowledge service of
a copy of the petition for adoption of the child as filed on behalf of my
spouse, and I hereby consent to the granting of the prayers of the petition
for adoption. I also waive all other and further service and notice of any
kind and nature in connection with the proceedings.
This day of , .
(Parent)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(m) The sworn statement executed by the biological mother identifying an alleged biological father of her unborn child authorized and required by subparagraph (e)(3)(E) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
"NOTICE TO BIOLOGICAL MOTHER:
This is an important legal document which will enable the individual you
identify as the biological father of your unborn child to sign a pre-birth
surrender of his rights so as to place your child for adoption. Understand
that you are signing this affidavit under oath and that the information you
provide will be held in strict confidence and will be used only in
connection with the adoption of your unborn child.
STATE OF GEORGIA
COUNTY OF
BIOLOGICAL MOTHER'S AFFIDAVIT IDENTIFYING
BIOLOGICAL FATHER OF HER UNBORN CHILD
Personally appeared before me, the undersigned officer duly authorized to
administer oaths, , who, after having been sworn, deposes and says as
follows:
That my name is .
That I am years of age, having been born in the State of ,
County of on .
That my social security number is .
That I am currently pregnant with a (male) (female) (sex unknown)
[circle one] child who is expected to be born on (due date of
child).
That the name of any alleged biological father is , and his last
known address is .
That I execute this affidavit so that any alleged biological father I
have identified above can be asked to sign a pre-birth surrender of his
rights to assist me in placing the child for adoption once the child is
born.
That I recognize that if I knowingly and willfully make a false
statement in this affidavit I will be guilty of the crime of false swearing.
(Biological mother)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
(n) The affidavit regarding Native American heritage and military service authorized and required by subsection (k) of Code Sections 19-8-4, 19-8-6, and 19-8-7 and subsection (o) of Code Section 19-8-5 shall conform substantially to the following form:
"NOTICE TO BIOLOGICAL OR LEGAL FATHER:
This is an important legal document. Understand that you are providing
this affidavit under oath and that if you knowingly and willfully make a
false statement in this affidavit you will be guilty of the crime of false
swearing.
AFFIDAVIT REGARDING NATIVE AMERICAN HERITAGE
AND MILITARY SERVICE
STATE OF GEORGIA
COUNTY OF
Personally appeared before me, the undersigned officer duly authorized
to administer oaths, (name of affiant) who, after having been
sworn, deposes and says as follows:
1. That my name is .
2. That I am the (biological) (legal) [circle one] father of a (male)
(female) (sex unknown) [circle one] child (born) (yet to be born)
[circle one] in the State of , County of on .
3. That I am years of age, having been born in the State of
, County of on .
4. That my social security number is .
5. That, to the best of my knowledge, I (am) (am not) [circle one] an
enrolled member of a federally recognized American Indian tribe, (am)
(am not) [circle one] a resident of an American Indian reservation, or
(am) (am not) [circle one] an Alaskan native. If so:
A. The name of my American Indian tribe is .
B. My registration or identification number is .
C. The percentage of my American Indian blood is percent.
6. That, to the best of my knowledge, a member of my family (is or
was) (is not or was not) [circle one] an enrolled member of a federally
recognized American Indian tribe, (is or was) (is not or was not)
[circle one] a resident of an American Indian reservation, or (is or
was) (is not or was not) [circle one] an Alaskan native. If so:
A. The name of the American Indian tribe is .
B. The percentage of my American Indian blood is percent.
C. My relatives with American Indian or Alaskan native blood are
.
D. The name of the American Indian tribe is .
E. The name of each enrolled member is , and his or her
corresponding registration or identification number is .
7. That I (am) (am not) [circle one] on active duty in a branch of
the United States armed forces. If so:
A. The branch of my service is (Army) (Navy) (Marine) (Air Force)
(Coast Guard) [circle one].
B. My rank is .
C. My duty station is .
D. Additional information regarding my military service is
.
8. That I have received or been promised the following financial
assistance, either directly or indirectly, from whatever source, in
connection with the birth of the child and the child's placement for
adoption: .
9. That I recognize that if I knowingly and willfully make a false
statement in this affidavit I will be guilty of the crime of false
swearing.
(Biological or legal father)
Sworn to and subscribed
before me this
day of , .
Notary public (SEAL)
My commission expires: ."
Code 1981, § 19-8-26, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1999, p. 81, § 19; Ga. L. 1999, p. 252, § 10; Ga. L. 2000, p. 136, § 19; Ga. L. 2000, p. 1589, § 4; Ga. L. 2004, p. 631, § 19; Ga. L. 2007, p. 342, § 9/HB 497; Ga. L. 2008, p. 324, § 19/SB 455; Ga. L. 2009, p. 8, § 19/SB 46; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2009, p. 800, § 4/HB 388; Ga. L. 2011, p. 573, § 7/SB 172; Ga. L. 2018, p. 19, § 1-1/HB 159.