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2018 Georgia Code 19-8-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-8-4 Case Law from Google Scholar Amendments to OCGA 19-8-4

TITLE 19 DOMESTIC RELATIONS

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

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

19-8-4. (Effective until September 1, 2018) When surrender or termination of parental or guardian's rights required; consent of child of 14 or older necessary; acknowledgment of surrender; compliance with Interstate Compact on Placement of Children.

  1. Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian:
    1. Has voluntarily and in writing surrendered all of his rights to the child to the department or to a child-placing agency as provided in this Code section and the department or agency thereafter consents to the adoption; or
    2. Has had all of his rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption.
  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 to the department or to a child-placing agency 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 to the department or to a child-placing agency 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 representative of the department or the agency and 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 paragraph (1) of subsection (a) of this Code section shall meet the requirements of subsection (a) of Code Section 19-8-26.
    2. The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose 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 to the department or to a child-placing agency, the department or agency representative before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (j) 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 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.
  10. In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with.

(Code 1981, §19-8-4, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1999, p. 252, § 3; Ga. L. 2007, p. 342, §§ 1, 2/HB 497; Ga. L. 2016, p. 304, § 10/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).

Cross references.

- Termination of parental rights, T. 15, C. 11.

Adoption - Expediting uncontested agency adoption hearings, Ga. Unif. S. Ct. R. 47.

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. § 19-8-4

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

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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

...(1) The written consent of the parent, acknowledged before 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 custo...
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Johnson v. Smith, 302 S.E.2d 542 (Ga. 1983).

Cited 16 times | Published | Supreme Court of Georgia | May 11, 1983 | 251 Ga. 1

...We now proceed to decide the appeal on its merits. 2. The record in this case demonstrates that the parties intended to effect an adoption of the child, and that the intended adoption failed due to a change of heart on the part of Ms. Johnson. Documents were prepared to comply with OCGA § 19-8-4 (Code Ann. § 74-404), which sets out the statutory procedure for surrender of parental rights. Despite at least two attempts to have Ms. Johnson sign these papers, this was never done. [1] The procedure for surrender of parental rights, set out in OCGA § 19-8-4 (Code Ann....
...All the Justices concur, except Marshall, P. J., Clarke and Smith, JJ., who dissent. NOTES [1] Had Ms. Johnson signed a surrender of parental rights, she would have had an automatic right to withdraw the surrender by written notice within ten days after signing. OCGA § 19-8-4 (b) (Code Ann....
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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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Sambor v. Kelley, 518 S.E.2d 120 (Ga. 1999).

Cited 10 times | Published | Supreme Court of Georgia | May 3, 1999 | 271 Ga. 133, 99 Fulton County D. Rep. 1767

...[6] See, e.g., OCGA § 9-10-110 (petitions for injunction must be verified); OCGA § 10-6-142 (notarized signature required for power of attorney authorizing real and personal property transactions); OCGA § 17-4-45 (affidavit for arrest warrant must be notarized); OCGA § 19-8-4(g) (notarized affidavit required for mother's voluntary surrender of parental rights); OCGA § 21-4-8(d) (circulators of recall petitions must submit notarized affidavits); OCGA § 44-2-21 (deeds to realty must be attested or acknowledged b...
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Mitchell v. Erdmier, 320 S.E.2d 163 (Ga. 1984).

Cited 10 times | Published | Supreme Court of Georgia | Sep 26, 1984 | 253 Ga. 335

...We hold that it is not an exception under the facts of this case. The trial court found as facts that Jewell Mitchell is the natural maternal grandmother of the child. Both the natural mother and natural father of the child surrendered their parental rights and released the child for adoption. OCGA § 19-8-4....
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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

...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)....
...679, 682 (523 SE2d 571) (1999). 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 “bi...
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Walls v. Walls, 599 S.E.2d 173 (Ga. 2004).

Cited 6 times | Published | Supreme Court of Georgia | Jul 12, 2004 | 278 Ga. 206, 2004 Fulton County D. Rep. 2339

...he minor child was ever at issue. Therefore, the "automatic" adoption effectively argued by the [father] as a legal result of his own adoption cannot occur. Worley v. Worley, supra at 864. The same rationale would apply under Georgia law. See OCGA §§ 19-8-4 et seq....
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In Re Ac, 686 S.E.2d 635 (Ga. 2009).

Published | Supreme Court of Georgia | Oct 5, 2009

...ent of the parent, acknowledged before 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 custod...
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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)....
...679, 682, 523 S.E.2d 571 (1999). 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 fat...