07 HB
497/AP
House
Bill 497 (AS PASSED HOUSE AND SENATE)
By:
Representatives Sheldon of the
105th,
Cox of the
102nd,
Cooper of the
41st,
Coan of the
101st,
Roberts of the
154th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating
to adoption, so as to provide for pre-birth surrender of rights for a biological
father to a child being placed for adoption; to provide for the dissolution of
surrender rights signed by the birth mother if the biological father legitimates
the child and the adoption is not granted; to clarify the authority of a birth
mother to sign either a voluntary acknowledgment of legitimation or of paternity
following her execution of a surrender of parental rights in support of an
adoption of the same child; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption,
is amended in Code Section 19-8-4, relating to the surrender of rights to the
department or a child-placing agency, by revising subsection (c) as
follows:
"(c)
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."
SECTION
2.
Said
chapter is further amended in said Code section by adding a new paragraph to
subsection (e) as follows:
"(3)(A)
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.
(B)
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.
(C)
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.
(D)
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
either a voluntary acknowledgment of legitimation pursuant to the provisions of
paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary
acknowledgment of paternity pursuant to the provisions of Code Section
19-7-46.1.
(E)
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.
(F)
The pre-birth surrender shall meet the requirements of subsection (f) of Code
Section 19-8-26."
SECTION
3.
Said
chapter is further amended in Code Section 19-8-5, relating to the surrender
rights when the child is to be adopted by a third party, by revising subsection
(c) as follows:
"(c)
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.
The name and address of each person to whom the child is surrendered may be
omitted to protect confidentiality, provided the surrender sets forth the name
and address of his agent for purposes of notice of withdrawal as provided for in
subsection (d) of this Code section. A copy shall be delivered to the
individual signing the surrender at the time of the execution
thereof."
SECTION
4.
Said
chapter is further amended in said Code section by adding a new paragraph to
subsection (e) as follows:
"(3)(A)
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.
(B)
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.
(C)
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.
(D)
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
either a voluntary acknowledgment of legitimation pursuant to the provisions of
paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary
acknowledgment of paternity pursuant to the provisions of Code Section
19-7-46.1.
(E)
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.
(F)
The pre-birth surrender shall meet the requirements of subsection (f) of Code
Section 19-8-26."
SECTION
5.
Said
chapter is further amended in Code Section 19-8-7, relating to the surrender of
rights when the child is adopted by a relative, by revising subsection (c) as
follows:
"(c)
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."
SECTION
6.
Said
chapter is further amended in said Code section by adding a new paragraph to
subsection (e) as follows:
"(3)(A)
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.
(B)
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.
(C)
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.
(D)
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
either a voluntary acknowledgment of legitimation pursuant to the provisions of
paragraph (2) of subsection (g) of Code Section 19-7-22 or a voluntary
acknowledgment of paternity pursuant to the provisions of Code Section
19-7-46.1.
(E)
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.
(F)
The pre-birth surrender shall meet the requirements of subsection (f) of Code
Section 19-8-26."
SECTION
7.
Said
chapter is further amended in Code Section 19-8-9, relating to surrender of
parental rights where legal mother puts up child for adoption, by adding a new
subsection as follows:
"(c)
If a legal mother has voluntarily and in writing surrendered all of her parental
rights pursuant to the provisions of subsection (a) of Code Section 19-8-4,
19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender within the ten-day
period after signing as permitted by the provisions of subsection (b) of this
Code section, she shall have no right or authority to sign either a voluntary
acknowledgment of legitimation pursuant to the provisions of paragraph (2) of
subsection (g) of Code Section 19-7-22 or a voluntary acknowledgment of
paternity pursuant to the provisions of Code Section 19-7-46.1 regarding the
same child."
SECTION
8.
Said
chapter is further amended in Code Section 19-8-12, relating to notice to an
alleged biological father, procedure when identity or location of an alleged
biological father is unknown, and when rights of the biological father are
terminated, by adding a new subsection as follows:
"(h)
If the child is legitimated by his or her biological father and in the
subsequent adoption proceeding the petition for adoption is either withdrawn
with prejudice or denied by the court, then a surrender of parental rights final
release for adoption executed by the legal mother pursuant to the provisions of
subsection (a) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall be dissolved by
operation of law and her parental rights shall be restored to her. The fact
that the legal mother executed a surrender of parental rights final release for
adoption, now dissolved, shall not be admissible evidence in any proceedings
against the legal mother."
SECTION
9.
Said
chapter is further amended in Code Section 19-8-26, relating to surrender of
rights forms, by revising subsection (f) as follows:
"(f)
The pre-birth surrender of rights by a biological father who is not the legal
father of the child pursuant to paragraph (3) of subsection (e) of Code Section
19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following
form:
'PRE-BIRTH
SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER
FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER
This
is an important legal document and by signing it you are surrendering any and
all of your right, title, and claim to the child identified herein, so as to
facilitate the child´s placement for adoption. You have the right to wait
to execute a Surrender of Rights Final Release for Adoption after the child is
born, but by signing this document you are electing to surrender your rights
prior to the birth of this child. You are to receive a copy of this document
and as explained below have the right to withdraw your pre-birth surrender
within ten days from the date you sign it.
______________________
I,
the undersigned, understand that I have been named by __________________, the
mother of the child expected to be born in ____________(city)
_____________(county) ______________(state) on or about the _________day of
__________(month), __________(year), as the biological father or possible
biological father of her child. I further understand that the mother wishes to
place this child for adoption.
To
the best of my knowledge and belief, the child has not been born as of the date
I am signing this pre-birth surrender; however, if in fact the child has been
born, this surrender shall have the same effect as if it were a surrender
executed following the birth of the child.
I
understand that by signing this document I am not admitting that I am the
biological father of this child, but if I am, I hereby agree that adoption is in
this child´s best interest. I consent to adoption of this child by any
person chosen by the child´s mother or by any public or private
child-placing agency without further notice to me. I expressly waive any other
notice or service in any of the legal proceedings for the adoption of the
child.
I
understand that I have the option to wait until after the child is born to
execute a surrender of my rights (with a corresponding ten-day right of
withdrawal) and, further, that by executing this document I am electing instead
to surrender my rights before the child´s birth.
I
further understand that execution of this document does not fully and finally
terminate my responsibilities until a final order of adoption is entered. I
understand that if the child is not adopted, legal proceedings can be brought to
establish paternity, and I may become liable for financial obligations related
to the birth and support of this child.
Furthermore,
I hereby certify that I have received a copy of this document and that I
understand that I may only withdraw this pre-birth surrender by giving written
notice, delivered in person or by statutory overnight delivery or registered
mail, return receipt requested, to _________________________ within ten days
from the date hereof; that the ten days shall be counted consecutively beginning
with the day immediately following the date hereof; that, 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 that it may NOT be withdrawn
thereafter.
If
prior to my signing this pre-birth surrender I have registered on Georgia´s
putative father registry then if I do not withdraw this surrender within the
time permitted, I waive the notice I would be entitled to receive pursuant to
the provisions of Code Section 19-8-12 of the Official Code of Georgia Annotated
because of my registration on the putative father registry.
Furthermore,
I hereby certify that I have not been subjected to any duress or undue pressure
in the execution of this document and do so freely and voluntarily.
Witness
my hand and seal this ______day of ________, ______.
__________________________(SEAL)
Alleged
biological father
_________________
Unofficial
Witness
Sworn
to and subscribed
before
me on this _____ day of
_____,
__________.
__________________
Notary
Public
Seal
My
commission expires: ___________'"
SECTION
10.
This
Act shall become effective July 1, 2007, and shall apply to proceedings under
this chapter on or after the effective date of this Act.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.