06 LC 29
2073
House
Bill 987
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
Ralston of the
7th,
and Tumlin of the
38th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating
to jurisdiction of juvenile court, so as to provide the juvenile court with
concurrent jurisdiction for adoption proceedings under certain circumstances; to
amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating
to adoption, to correct cross-references; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 15-11-28 of the Official Code of Georgia Annotated, relating to
jurisdiction of juvenile court, is amended by adding a new subsection to the end
of the Code Section to read as follows:
"(f)
Concurrent
jurisdiction as to adoption petitions.
The juvenile court shall have concurrent jurisdiction to hear an adoption
petition filed in accordance with Chapter 8 of Title 19, provided that the
juvenile court has previously entered:
(1)
An order terminating parental rights in such case; or
(2)
An unexpired order finding a child deprived and a parent has voluntarily
surrendered his or her parental rights in accordance with Code Section 19-8-4,
19-8-5, 19-8-6, or
19-8-7."
SECTION
2.
Chapter
8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption,
is amended by striking subsection (a) of Code Section 19-8-2, relating to
jurisdiction and venue of adoption proceedings, and inserting in lieu thereof
the following:
"(a)
The superior courts of the several counties shall have exclusive jurisdiction in
all matters of adoption, except such jurisdiction as may be granted to the
juvenile courts
by delegation
from the superior court or as allowed pursuant to subsection (f) of Code Section
15-11-28."
SECTION
3.
Said
chapter is further amended by striking subsection (a) of Code Section 19-8-13,
relating to petitions for adoption, and inserting in lieu thereof the
following:
"(a)
The petition for adoption, duly verified, together with one conformed copy
thereof,
must
shall
be filed with the clerk of the
superior
court having jurisdiction and shall conform to the following
guidelines:"
SECTION
4.
Said
chapter is further amended by striking subsection (c) of Code Section 19-8-20,
relating to adoption certificates, and inserting in lieu thereof the
following:
"(c)
The adoption certificate shall be in substantially the following
form:
This
is to certify that _______________________ (names of each adopting parent) have
obtained a decree of adoption for _______________________ (full name of adopted
child) in the
Superior
_________
(level of court) Court of __________
County, Georgia, on the ______ day of ______________, as shown by the
court́s
records.
Given
under the hand and seal of said court, this the ______ day of ______________,
____.
_______________
Clerk"
Clerk"
SECTION
5.
Said
chapter is further amended by striking subsection (c) of Code Section 19-8-26,
relating to how surrender of parental rights forms are executed, and inserting
in lieu thereof the following:
"(c)
The surrender of rights by a parent or guardian pursuant to paragraph (1) of
subsection (e) of Code Section 19-8-5 shall conform substantially to the
following form:
SURRENDER
OF RIGHTS
FINAL RELEASE FOR ADOPTION
FINAL RELEASE FOR ADOPTION
NOTICE
TO PARENT OR GUARDIAN:
This
is an important legal document and by signing it you are surrendering all of
your right, title, and claim to the child identified herein, so as to facilitate
the
child́s
placement for adoption. You are to receive a copy of this document and as
explained below have the right to withdraw your surrender within ten days from
the date you sign it.
______________
I,
the undersigned, being solicitous that my (male) (female) child, born
(insert name
of child), on
(insert
birthdate of child), should receive the
benefits and advantages of a good home, to the end that (she) (he) may be fitted
for the requirements of life, consent to this surrender.
I,
the undersigned,
(insert
relationship to child) of the aforesaid
child, do hereby surrender the child to
(insert name,
surname not required, of each person to whom surrender is
made), PROVIDED each such person is named
as petitioner in a petition for adoption of the child filed in accordance with
Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days
from the date hereof. Furthermore, I promise not to interfere in the management
of the child in any respect whatever; and, in consideration of the benefits
guaranteed by
(insert name,
surname not required, of each person to whom surrender is
made) in thus providing for the child, I
do relinquish all right, title, and claim to the child herein named, it being my
wish, intent, and purpose to relinquish absolutely all parental control over the
child.
It
is also my wish, intent, and purpose that if each such person is not named as
petitioner in a petition for adoption as provided for above within the 60 day
period, other than for excusable neglect, or, if said petition for adoption is
filed within 60 days but the adoption action is dismissed with prejudice or
otherwise concluded without an order declaring the child to be the adopted child
of each such person, then I do hereby surrender the child as
follows:
(Mark
one of the following as chosen)
____
I wish the child returned to me, and I expressly acknowledge that this provision
applies only to the limited circumstance that the child is not adopted by the
person or persons designated herein and further that this provision does not
impair the validity, absolute finality, or totality of this surrender under any
circumstance other than the failure of the designated person or persons to adopt
the child and that no other provision of this surrender impairs the validity,
absolute finality, or totality of this surrender once the revocation period has
elapsed; or
____
I surrender the child to
(insert name
of designated licensed child-placing
agency), a licensed child-placing agency,
for placement for adoption; or
____
I surrender the child to the Department of Human Resources, as provided by
subsection (k) of Code Section 19-8-5, for placement for adoption; and
(insert name
of designated licensed child-placing
agency) or the Department of Human
Resources may petition the
superior
(insert level
of court) court for custody of the child
in accordance with the terms of this surrender.
Furthermore,
I hereby agree that the child is to be adopted either by each person named above
or by any other such person as may be chosen by the
(insert name
of designated licensed child-placing
agency) or the Department of Human
Resources and I do expressly waive any other notice or service in any of the
legal proceedings for the adoption of the child.
Furthermore,
I understand that under Georgia law an agent appointed by the court is required
to conduct an investigation and render a report to the court in connection with
the legal proceeding for the legal adoption of the child and I hereby agree to
cooperate fully with such agent in the conduct of this
investigation.
Furthermore,
I hereby certify that I have received a copy of this document and that I
understand I may only withdraw this surrender by giving written notice,
delivered in person or mailed by registered mail or statutory overnight
delivery, to
(insert name
and address of agent of each person to whom surrender is
made) within ten days from the date
hereof; that the ten days shall be counted consecutively beginning with the day
immediately following the date hereof; however, if the tenth day falls on a
Saturday, Sunday, or legal holiday then the last day on which the surrender may
be withdrawn shall be the next day that is not a Saturday, Sunday, or legal
holiday; and I understand that it may NOT be withdrawn thereafter.
Furthermore,
I hereby certify that I have not been subjected to any duress or undue pressure
in the execution of this surrender document and do so freely and
voluntarily.
Witness
my hand and seal this ______ day of ______________, ____.
______________(SEAL)
(Parent or guardian)
(Parent or guardian)
__________________
Unofficial
witness
Sworn
to and subscribed
before
me this ______
day
of ______________, ____.
_______________________
Notary
public (SEAL)
My
commission expires
______________."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.