2021 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-7. (See Editor's notes.) Adoption by Certain Relatives Related to Child by Blood or Marriage

1. A child may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each living parent and guardian of such child has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child.
2. In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court.
3. The surrender of rights specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed under oath and in the presence of a notary public and an adult witness.A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof.
4. An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
5. 1. The surrender of rights by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26.Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
   2. A biological father who is not a legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section.Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
   3. 1. A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section.A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship.The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes.
      2. The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption.An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child.
      3. If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both.
      4. The pre-birth surrender shall not be valid for use by a legal father.
      5. The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26.
      6. The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and shall be signed under oath and in the presence of a notary public and an adult witness.
6. A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness.
7. 1. A legal mother who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.Such affidavit shall be signed under oath and in the presence of a notary public.
   2. A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26.Such affidavit shall be signed under oath and in the presence of a notary public.
8. Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.Such affidavit shall be signed under oath and in the presence of a notary public.
9. A surrender of rights pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years.Such surrender given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article.Such surrender shall state that such individual agrees to be bound by a decree of adoption.
10. In any surrender of rights pursuant to this Code section, Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.
11. A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26.Such affidavit shall be signed under oath and in the presence of a notary public.

(Code 1981, §19-8-7, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, § 3; Ga. L. 1999, p. 252, § 6; Ga. L. 2003, p. 503, § 3; Ga. L. 2007, p. 342, §§ 5, 6/HB 497; Ga. L. 2008, p. 324, § 19/SB 455; Ga. L. 2016, p. 304, § 12/SB 64; Ga. L. 2018, p. 19, § 1-1/HB 159.)

The 2016 amendment, effective July 1, 2016, deleted "either a voluntary acknowledgment of legitimation pursuant to the provisions of paragraph (2) of subsection (g) of Code Section 19-7-22 or" following "who has executed" in subparagraph (e)(3)(D).

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

- Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

For application of this statute in 2020, see Executive Order 04.09.20.01.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

- For article, "Who is Georgia's Mother? Gestational Surrogacy: A Formulation for Georgia's Legislature," see 38 Ga. L. Rev. 395 (2003). For comment, "The Constitutional Rights of Unwed Fathers in Georgia: In re Baby Girl Eason," see 5 Ga. St. U.L. Rev. 591 (1989). For case comment, "In re Baby Girl Eason: Balancing Three Competing Interests in Third Party Adoptions," see 22 Ga. L. Rev. 1217 (1988).

JUDICIAL DECISIONS

Relinquishment not determinative of adoption petition.

- Fact that the child's father surrendered his rights to the child over to the paternal grandparents pursuant to O.C.G.A. § 19-8-7(a) was not determinative of the adoption petition filed by the paternal grandparents; since there was evidence to support the trial court's findings that the paternal grandparents would have denied the maternal grandparents contact with the child if the adoption petition were granted, and that the granting of the petition was not in the child's best interests, the denial of the petition was affirmed. Madison v. Barnett, 268 Ga. App. 348, 601 S.E.2d 704 (2004).

- Relatives of the mother of a child born with Fetal Alcohol Syndrome were not required to comply with the requirements of O.C.G.A. § 19-8-7 as the father's relinquishment of the father's rights was valid because it was knowingly and voluntarily made in accordance with New Mexico law pursuant to former O.C.G.A. § 24-7-24 (see now O.C.G.A. § 24-9-922). Rokowski v. Gilbert, 275 Ga. App. 305, 620 S.E.2d 509 (2005).

- Superior court properly dismissed a grandmother's adoption petition on collateral estoppel grounds based on the juvenile court's previous order granting temporary custody to the maternal grandfather and grant of visitation rights to the grandmother; as a result, the superior court was not authorized to readjudicate the issue of permanent custody involving the child at issue. Smith v. Hutcheson, 283 Ga. App. 117, 640 S.E.2d 690 (2006).

Trial court erred in denying an aunt and uncle's petition to adopt their nephew under O.C.G.A. § 19-8-8, and should have applied O.C.G.A. § 19-8-7 as: (1) the former was not intended to be a general rule regarding the adoption of foreign children; (2) the aunt and uncle satisfied the jurisdictional and venue requirements of O.C.G.A. § 19-8-2 by filing the adoption petition in the superior court of their county of residence; and (3) as the child's aunt and uncle, they were relatives eligible to adopt under § 19-8-7(a). In re Adoption of D.J.F.M., 284 Ga. App. 420, 643 S.E.2d 879 (2007).

RESEARCH REFERENCES

ALR.

- Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.