2020 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 RIGHTS/FINAL RELEASE FOR ADOPTION) (PRE-BIRTH SURRENDER OF RIGHTS/FINAL 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 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: ______________ ."

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:
   1. Her name;
   2. Her relationship to the child;
   3. Her age;
   4. Her marital status at the time of conception and of the birth of the child;
   5. The identity and last known address of her spouse or former spouse and whether any such spouse is the biological father of the child;
   6. 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;
   7. 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;
   8. 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;
   9. 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;
   10. 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;
   11. 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
   12. 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
       1. 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:
   13. Her name;
   14. Her relationship to the child;
   15. Her age;
   16. Her marital status;
   17. 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;
   18. 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;
   19. 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;
   20. 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
   21. 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 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 ______________ ."

The affidavit shall set forth:

(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; Ga. L. 2020, p. 493, § 19/SB 429.)

The 2018 amendment, effective September 1, 2018, rewrote this Code section.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised language and punctuation throughout this Code section.

- Juvenile court orders terminating parental rights, § 15-11-81 et seq.

- Pursuant to Code Section 28-9-5, in 2018, a comma was inserted following "That" at the beginning of the undesignated paragraph following (E) of the form in subsection (h).

- Ga. L. 2009, p. 800, § 1/HB 388, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Option of Adoption Act.'"

- For article, "Continuing Confusion in the Georgia Adoption Process," see 20 Ga. St. B.J. 62 (1983).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 74-404 and former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19, are included in the annotations for this Code section.

- Procedure for surrender of parental rights requires strict compliance. Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

Absence from the record of the form required under O.C.G.A. § 19-8-26(a) and the affidavit required under § 19-8-26(j) invalidated a surrender document as a matter of law. In re Stroh, 240 Ga. App. 835, 523 S.E.2d 887 (1999).

One policy of former § 19-8-4 was to ensure that the parent giving up parental rights had knowledge of the surrender, had the surrender explained to her, had an opportunity to talk with a lawyer, and had freely agreed to the surrender. Bozeman v. Williams, 248 Ga. 606, 285 S.E.2d 9 (1981) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- "Mother's Affidavit" containing knowingly false statements purporting to address the material issues of the natural father's lack of parental involvement does not substantially comply with the requirements of O.C.G.A. §§ 19-8-6(g) and19-8-26(h) so as to sustain a judgment terminating the father's parental rights based thereon. Coleman v. Grimes, 250 Ga. App. 880, 553 S.E.2d 185 (2001).

- Finding that mother's surrender of her parental rights was freely and voluntarily given was not erroneous since, prior to signing the surrender and acknowledgment thereof, she had discussed her decision with members of her family and was fully aware of the legal consequences of her actions. Howard v. Bridger, 189 Ga. App. 292, 375 S.E.2d 270 (1988) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- Different form is required when the child is being surrendered to third persons than is necessary when the surrender is to relatives. Tyson v. Department of Human Resources, 165 Ga. App. 414, 301 S.E.2d 485 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

Written surrender of the natural mother's parental rights which conformed substantially to the form provided for in paragraph (c)(1) of former § 19-8-4 concerning adoption by a relative but declared invalid because prospective adoptive parent was not a relative of the natural mother could not be treated as a surrender of the mother's right to a third person under paragraph (c)(2) of former § 19-8-4 and resulted in the natural mother retaining her rights to the child. Tyson v. Department of Human Resources, 165 Ga. App. 414, 301 S.E.2d 485 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- It was error for the trial court to dismiss an adoption petition solely on the technical ground that the wrong form had been used, when one of the adoption petitioners was a relative and the other was not, and they chose to use the "non-relative" form because the class of persons encompassed by it is broader than the class encompassed by the "relative" form. Dover v. Dover, 193 Ga. App. 433, 388 S.E.2d 35 (1989) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

Although a mother failed to provide an affidavit as required by O.C.G.A. § 19-8-26(h) in an adoption petition by the mother's new husband over her three minor children, such was deemed immaterial and therefore harmless because the statutory requisites had been met because the mother alleged that the father did not live with the children, that he failed to pay the court-ordered support for them for more than a year, and the mother asserted that the father provided no financial assistance. McCurry v. Harding, 270 Ga. App. 416, 606 S.E.2d 639 (2004).

- Surrender of parental rights form that did not contain language surrendering child to the Department of Human Resources if the adoptive parents failed to file a petition for adoption within 60 days did not render the surrender invalid when, under the facts of the case, the language would have been mere surplusage. Lee v. Stringer, 212 Ga. App. 401, 441 S.E.2d 861 (1994), overruled on other grounds, 224 Ga. App. 124, 479 S.E.2d 439 (1996).

Acknowledgment of surrender of parental rights must be in writing and signed by parent. Nelson v. Taylor, 244 Ga. 657, 261 S.E.2d 579 (1979) (decided under former Code 1933, § 74-404).

- When parental consent was freely and voluntarily revoked by them within ten days as prescribed by law, they were entitled to custody of child and rendered temporary custody order to prospective adopting parents and all subsequent adoption proceedings nugatory. Edwards v. Johnson, 244 Ga. 467, 260 S.E.2d 875 (1979) (decided under former Code 1933, § 74-404).

- When an intended adoption fails due to a lack of compliance with the adoption statutes, an alleged surrender of parental rights will not then be upheld under O.C.G.A. § 19-7-1(b)(1) as such a procedure would tend to vitiate the policies underlying the adoption statutes. Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- There is nothing in the adoption statute which authorizes an assignment of adoption rights from one third party to another. Tyson v. Department of Human Resources, 165 Ga. App. 414, 301 S.E.2d 485 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- When a natural mother has signed a surrender of parental rights, she would have an automatic right to withdraw the surrender by written notice within ten days after signing. Johnson v. Smith, 251 Ga. 1, 302 S.E.2d 542 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- After ten days, although consent of the living parent or parents of a child to adoption may not be withdrawn as a matter of right, it does not preclude such revocation prior to final adoption for good and sufficient cause. Ridgley v. Helms, 168 Ga. App. 435, 309 S.E.2d 375 (1983) (decided under former § 19-8-4, as last amended by Ga. L. 1982, p. 3, § 19).

- Absence from the record of affidavits required under O.C.G.A. § 19-8-26 did not invalidate a surrender since the mother never contested the validity thereof but, instead, reaffirmed at the final hearing her intention to release the child to the parties seeking to adopt and her consent to their adoption of the child. In re Stroh, 240 Ga. App. 835, 523 S.E.2d 887 (1999).

- Even though revocation of consent may be allowed more than 10 days after consent is given, when the mother had acted freely and voluntarily and the trial court found her competent, the court did not err in finding that she failed to establish good and sufficient cause to void the surrender. Schumacher v. Sexton, 216 Ga. App. 628, 455 S.E.2d 348 (1995).

Cited in Hinkins v. Francis, 154 Ga. App. 716, 270 S.E.2d 33 (1980); Davey v. Evans, 156 Ga. App. 698, 275 S.E.2d 769 (1980); In re Ashmore, 163 Ga. App. 194, 293 S.E.2d 457 (1982); Owens v. Worley, 163 Ga. App. 488, 295 S.E.2d 199 (1982); Hayes v. Watkins, 163 Ga. App. 589, 295 S.E.2d 556 (1982); In re C.C.B., 164 Ga. App. 3, 296 S.E.2d 198 (1982); Boatman v. Chapman, 174 Ga. App. 77, 329 S.E.2d 185 (1985); In the Interest of V.B.L., 306 Ga. App. 709, 703 S.E.2d 127 (2010).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Adoption, § 94.

- 2 C.J.S., Adoption of Persons, §§ 57, 70 et seq.

- Right of natural parent, or other person whose consent is necessary to adoption of child, to withdraw consent previously given, 138 A.L.R. 1038; 156 A.L.R. 1011.

Sufficiency of parent's consent to adoption of child, 24 A.L.R.2d 1127; 15 A.L.R.5th 1.

What constitutes undue influence in obtaining a parent's consent to adoption of child, 50 A.L.R.3d 918.

Right of natural parent to withdraw valid consent to adoption of child, 74 A.L.R.3d 421.

Mistake or want of understanding as ground for revocation of consent to adoption or of agreement releasing infant to adoption placement agency, 74 A.L.R.3d 489.

What constitutes "duress" in obtaining parent's consent to adoption of child or surrender of child to adoption agency, 74 A.L.R.3d 527.

Validity of agreement to pay expenses attendant on birth of child on condition that natural parents consent to adoption of child, 43 A.L.R.4th 935.

Postadoption visitation by natural parent, 78 A.L.R.4th 218.

Validity of birth parent's "blanket" consent to adoption which fails to identify adoptive parent, 15 A.L.R.5th 1.