O.C.G.A. § 19-8-11 (2019)
Petitioning superior court to terminate rights of one parent or guardian of child; service of process
(a)(1) In those cases when the department, a child-placing agency, or an out-of-state licensed agency has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child or has obtained an order from a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child, such department, child-placing agency, or out-ofstate licensed agency may in contemplation of the placement of such child for adoption petition the superior court of the county of the child’s domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child to terminate the parental rights of the remaining parent pursuant to this Code section.
(2) In those cases when a child has been placed in compliance with Chapter 4 of Title 39, and the individual who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such individual to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child was born or of Fulton County to terminate the parental rights of the remaining parent pursuant to this Code section.
(3)(A) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection when the court determines by clear and convincing evidence that the:
(i) Child has been abandoned by that parent;
(ii) Parent of the child cannot be found after a diligent search has been made;
(iii) Parent is insane or otherwise incapacitated from surrendering such rights;
(iv) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age; or
(v) Parent, without justifiable cause, has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310.
(B) If the court determines that a circumstance described in subparagraph (A) of this paragraph has been met, it shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
(b)(1) Whenever a petition to terminate parental rights is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition to terminate parental rights and a copy of the court’s order setting forth the date upon which such petition shall be considered or, if personal service cannot be perfected, by certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending termination of parental rights proceeding and show cause why such parent’s rights to the child who is the subject of the proceeding should not be terminated. Notice shall be deemed to have been received on the earliest date:
(A) Personal service is perfected; (B) Of delivery shown on the return receipt of certified mail or registered mail or proof of delivery by statutory overnight delivery; or (C) Of the last publication.
(2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail, by registered mail, or by statutory overnight delivery.
History
Code 1981, § 19-8-11, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1996, p. 474, § 6; Ga. L. 1999, p. 252, § 8; Ga. L. 2000, p. 20, § 12; Ga. L. 2000, p. 1589, § 3; Ga. L. 2013, p. 294, § 4-26/HB 242; Ga. L. 2016, p. 219, § 4/SB 331; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 6/HB 154. The 2021 amendment, effective July 1, 2021, in paragraph (b)(1), deleted “notwithstanding subsection (a) of Code Sec-
tion 9-10-12 which authorizes the use of certified mail,” following “cannot be perfected,” in the first sentence, inserted “certified mail or” in the first and third sentences and in subparagraph (b)(1)(B), and inserted “by certified mail,” near the end of paragraph (b)(2).
Annotations
Editor’s notes. Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to
all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment
of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.” Law reviews. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Rev. 127 (2016). For article, “Criminal Law as Family Law,” see 33 Ga. St. U.L. Rev. 285 (2017).
JUDICIAL DECISIONS Waiver of notice requirements. - Adoption decree was not invalid because the father was not served with the petition for adoption at least 30 days prior to the hearing pursuant to O.C.G.A. § 19-811(a); the father waived the notice requirement by refusing an offer made by
counsel to reopen the evidence, permit additional discovery, and to continue the hearing for 30 days. Rokowski v. Gilbert, 275 Ga. App. 305, 620 S.E.2d 509, 2005 Ga. App. LEXIS 953 (2005), cert. denied, No. S06C0163, 2006 Ga. LEXIS 27 (Ga. Jan. 17, 2006).