TITLE 19 DOMESTIC RELATIONS

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

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

19-8-6. (Effective until September 1, 2018) Surrender of parental rights where father and mother not still married; surrender of rights where only one parent still living.

1. Except as otherwise authorized in this chapter:
   1. A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for purposes of such adoption; or
   2. A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for the purpose of such 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 specified in this Code section shall be executed, following the birth of the child, 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.
5. 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 a 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.
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 or consents to the adoption of her child by her spouse 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 or consent 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.
10. The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall be as provided in subsection (l) of Code Section 19-8-26.

(Code 1981, §19-8-6, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, § 2; Ga. L. 1999, p. 252, § 5.)