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2018 Georgia Code 19-8-7 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-7 Case Law from Google Scholar Amendments to OCGA 19-8-7

TITLE 19 DOMESTIC RELATIONS

Section 8. Adoption, 19-8-1 through 19-8-43.

ARTICLE 1 GENERAL PROVISIONS (EFFECTIVE UNTIL SEPTEMBER 1, 2018)

19-8-7. (Effective until September 1, 2018) Surrender or termination of parental or guardian's rights where child adopted by relative.

  1. Except as otherwise authorized in this Code section, a child who has any living parent or guardian 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 such living parent and each such guardian 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 adoption must be given and acknowledged in the presence of the court.
  3. The surrender 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 in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof.
  4. A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9.
    1. The surrender 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.
    2. The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26.
      1. The biological father who is not the 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, when signed under oath by the alleged biological father, shall serve to relinquish the alleged biological father's rights to the child and to waive the 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 responsibilities of an alleged biological father are permanently terminated only upon the entry of a final order of adoption. A person executing a pre-birth surrender pursuant to this Code section shall have the right to withdraw the surrender within ten 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 the alleged biological father shall be responsible for child support or other financial obligations to the child or to the child's mother, or to both.
      4. The pre-birth surrender shall not be valid for use by a legal father as defined under paragraph (6) of Code Section 19-8-1 or for any man who has executed a voluntary acknowledgment of paternity pursuant to the provisions of Code Section 19-7-46.1.
      5. The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such person as an alleged biological father of the biological mother's unborn child.
      6. The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26.
  6. A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26.
  7. Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.
  8. Whenever rights are surrendered pursuant to this Code section the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26.
  9. A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority.The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris.

(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.)

Delayed effective date.

- For information as to the delayed amendment of this article, see the delayed effective date note at the beginning of this article.

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).

Editor's notes.

- 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."

Cases Citing O.C.G.A. § 19-8-7

Total Results: 9  |  Sort by: Relevance  |  Newest First

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In Re Baby Girl Eason, 358 S.E.2d 459 (Ga. 1987).

Cited 83 times | Published | Supreme Court of Georgia | Jul 23, 1987 | 257 Ga. 292

...igned a form surrendering custody of the child to Christian Homes for Children, Inc. for purposes of adoption and relinquishing all parental control. A petition for adoption of the child was filed by Jane and John Doe. Under the requirements of OCGA § 19-8-7 (a) notice was given to Scharlach prompting his petition for legitimation pursuant to OCGA § 19-8-7 (c)....
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In the Interest of A. C., 285 Ga. 829 (Ga. 2009).

Cited 42 times | Published | Supreme Court of Georgia | Oct 5, 2009 | 686 S.E.2d 635, 2009 Fulton County D. Rep. 3148

...ore the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; (2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully fai...
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Sapp v. Solomon, 314 S.E.2d 878 (Ga. 1984).

Cited 15 times | Published | Supreme Court of Georgia | Apr 24, 1984 | 252 Ga. 532

...ild, nor contributed to its support, nor made any attempt to legitimate the child, and ... he did not provide support for the mother (including medical care) either during her pregnancy or during her hospitalization for the birth of the child." OCGA § 19-8-7 (b) (Code Ann....
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H. C. S. v. Grebel, 321 S.E.2d 321 (Ga. 1984).

Cited 12 times | Published | Supreme Court of Georgia | Oct 11, 1984 | 253 Ga. 404

...onal grant of termination-of-parental-rights cases to juvenile court. In addition, the Court of Appeals held that in this case the petition does not purport to give, nor indicate that there has been given to the appellee, the notice required by OCGA § 19-8-7....
...ctive adoption of the child, the petition is not "in connection with adoption proceedings" within the meaning of OCGA § 15-11-5 (a) (2) (C). [1] 2. The determination of whether there has been given the notice to the putative father required by OCGA § 19-8-7 affects whether a judgment terminating his rights to the child can be properly entered; it does not affect the question of whether the superior court has jurisdiction of the case....
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Taylor v. Taylor, 623 S.E.2d 477 (Ga. 2005).

Cited 10 times | Published | Supreme Court of Georgia | Dec 1, 2005 | 280 Ga. 88, 2005 Fulton County D. Rep. 3738

...For example, under Georgia law, a parent may relinquish parental powers of control over a child by voluntary contract pursuant to which the child is released to a third party, OCGA § 19-7-1(b); may surrender or terminate parental rights by consenting to the adoption of the child, OCGA § 19-8-4, § 19-8-5, § 19-8-6, or § 19-8-7; or may have their parental rights terminated pursuant to OCGA § 15-11-93 et seq....
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In re C. N. W., 274 Ga. 765 (Ga. 2002).

Cited 9 times | Published | Supreme Court of Georgia | Feb 11, 2002 | 560 S.E.2d 1, 2002 Fulton County D. Rep. 417

...ction between the “biological father” and the “legal father” is echoed in other parts of OCGA § 19-8-6, see subsections (e) (2) & (i), as well as other portions of the adoption Code. See OCGA §§ 19-8-4 (e) (2) & (i); 19-8-5 (e) (2) & (i); 19-8-7 (e) (2)....
...And the legislative definition is plain in its requirement that a male have more than a biological connection with a child before he is considered to be a “parent” for purposes of the adoption statutes. In fact, OCGA §§ 19-8-4 (i); 19-8-5 (i); 19-8-6 (i); and 19-8-7 (i),5 all dealing with the surrender of rights to a child, carry forth the clear differentiation between a “parent” and a “biological father who is not the legal father.” Accordingly, a “biological father who is not the legal father...
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Wheeler v. Wheeler, 642 S.E.2d 103 (Ga. 2007).

Cited 8 times | Published | Supreme Court of Georgia | Feb 26, 2007 | 281 Ga. 838, 2007 Fulton County D. Rep. 473

...However, Melody Wheeler is not the spouse of Sara Wheeler, as "[m]arriages between persons of the same sex are prohibited in this state." OCGA § 19-3-3.1(a). See also Ga. Const. of 1983, Art. I, § IV, Par. I(a) (approved in 2004); In the Interest of Angel Lace M., supra at 682. Under OCGA §§ 19-8-5(a) and 19-8-7(a), a third party who is not a stepparent, such as Melody Wheeler, may adopt the child only if the parent's rights are surrendered, or are terminated pursuant to OCGA § 19-8-10....
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In Re Ac, 686 S.E.2d 635 (Ga. 2009).

Published | Supreme Court of Georgia | Oct 5, 2009

...ore the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; (2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully fail...
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In Re Cnw, 560 S.E.2d 1 (Ga. 2002).

Published | Supreme Court of Georgia | Feb 11, 2002 | 274 Ga. 765

...It does not make any reference to the "biological father." This legislative distinction between the "biological father" and the "legal father" is echoed in other parts of OCGA § 19-8-6, see subsections (e)(2) & (i), as well as other portions of the adoption Code. See OCGA §§ 19-8-4(e)(2) & (i); 19-8-5(e)(2) & (i); 19-8-7(e)(2)....
...And the legislative definition is plain in its requirement that a male have more than a biological connection with a child before he is considered to be a "parent" for purposes of the adoption statutes. In fact, OCGA §§ 19-8-4(i); 19-8-5(i); 19-8-6(i); and 19-8-7(i), [5] all dealing with the surrender of rights to a child, carry forth the clear differentiation between a "parent" and a "biological father who is not the legal father." Accordingly, a "biological father who is not the legal father" of a ch...