Georgia-2011-HB1212-Introduced

To amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, so as to change the period for withdrawing a surrender of parental rights; to provide for related matters, to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to adoption, is amended by revising Code Section 19-8-9, relating to surrender of parental rights where a legal mother puts up for adoption a child she has previously adopted, withdrawal of surrender, and expiration of rights, as follows:

(a) In those cases where the legal mother of the child being placed for adoption has herself previously adopted such child, said adoptive mother shall execute, in lieu of the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26.

(b) A person signing a surrender pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to withdraw the surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within ten days 24 hours after signing; and the surrender document shall not be valid unless it so states. The ten days shall be counted consecutively beginning with the day immediately following the date 24 hour period shall begin at midnight of the day the surrender is executed, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday. After ten days 24 hours, a surrender may not be withdrawn. The notice of withdrawal of surrender shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document.

(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rights pursuant to the provisions of subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender within the ten-day 24 hour period after signing as permitted by the provisions of subsection (b) of this Code section, she shall have no right or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."

Said article is further amended by revising Code Section 19-9-26, relating to how surrender of parental rights is executed, how and when surrender may be withdrawn, and forms, as follows:

(a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:

SURRENDER OF RIGHTS
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 child's 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 24 hours from the time 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 of child-placing agency or Department of Human Services, as applicable) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of child-placing agency or Department of Human Services, as applicable) 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.

Furthermore, I hereby agree that the (insert name of child-placing agency or Department of Human Services, as applicable) may seek for the child a legal adoption by such person or persons as may be chosen by the (insert name of child-placing agency or Department of Human Services, as applicable) or its authorized agents, without further notice to me. I do, furthermore, 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 the Department of Human Services or the child-placing agency 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 department or agency in the conduct of its 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 child-placing agency or Department of Human Services, as applicable) within ten days 24 hours from the date time 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; 24 hour period shall begin at midnight of the day I sign the surrender, 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)
__________________
Unofficial witness
_____________
Notary public

(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
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 child's 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 24 hours from the date time 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 that each such person is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of 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 Services, 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 Services may petition the superior 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 Services 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 evaluator is required to conduct and provide to the court a home study and make recommendations to the court regarding the qualification of each person named above to adopt a child concerning the circumstances of placement of my child for adoption. I hereby agree to cooperate fully with such investigations.

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 24 hours from the date time hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; provided, however, that 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; 24 hour period shall begin at midnight of the day I sign the surrender, 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)

Sworn to and subscribed

before me this ______

day of ______________, ____.

_______________________

Notary public (SEAL)

My commission expires ______________.

(d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION

NOTICE TO ALLEGED BIOLOGICAL FATHER:

I, the undersigned, alleged biological father of a (male) (female) child, born (insert name of child) to (insert name of mother) on (insert birthdate of child), being solicitous that said 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, do hereby surrender the child. I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits provided to the child through adoption, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child.

Furthermore, I hereby agree that the child is to be adopted 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 the agent appointed by the court 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 child-placing agency representative, Department of Human Services representative, person to whom surrender is made, or petitioner's representative, as appropriate) within ten days 24 hours from the date time 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; 24 hour period shall begin at midnight of the day I sign the surrender, 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)
(Alleged biological father)
__________________
Unofficial witness
Sworn to and subscribed
before me this _____
day of ______________, ____.

____________________________
Notary public (SEAL)
My commission expires ______________.

(e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:

SURRENDER OF RIGHTS
FINAL RELEASE FOR ADOPTION
NOTICE TO PARENT OR GUARDIAN:

______________________

I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name of each person to whom surrender is made) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name 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.

Furthermore, I hereby agree that (insert name of each person to whom surrender is made) may initiate legal proceedings for the legal adoption of the child without further notice to me. I do, furthermore, 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 the Department of Human Services may be 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 the department in the conduct of its 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 each person to whom surrender is made) within ten days 24 hours from the date time 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; 24 hour period shall begin at midnight of the day I sign the surrender, and I understand 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)
__________________
Unofficial witness
_____________
Notary public

(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

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 24 hours from the date time 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 24 hour 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 24 hours from the date time 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; 24 hour period shall begin at midnight of the day I sign the surrender, 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

Sworn to and subscribed

before me on this _____ day of

My commission expires: ___________.

(g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

ACKNOWLEDGMENT OF SURRENDER
OF RIGHTS

By execution of this paragraph, the undersigned expressly acknowledges:

(A) That I have read the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION relating to said minor child born (insert name of child), a (male) (female) on (insert birthdate of child);

(B) That I understand that this is a full, final, and complete surrender, release, and termination of all of my rights to the child;

(C) That I have the unconditional right to revoke the surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of each person or entity to whom surrender is made) not later than ten days 24 hours from the date time of the surrender and that after such ten-day 24 hour period I shall have no right to revoke the surrender;

(D) That the ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed; 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 24 hour period shall begin at midnight of the day I sign the surrender;

(E) That I have read the accompanying surrender and received a copy thereof;

(F) That any and all questions regarding the effect of said surrender and its provisions have been satisfactorily explained to me;

(G) That I have been afforded an opportunity to consult with counsel of my choice prior to execution of the surrender; and

(H) That the surrender of my rights has been knowingly, intentionally, freely, and voluntarily made by me.

Witness my hand and seal this ______ day of ______________, ____.

_______________(SEAL)
(Parent, guardian,
or biological father)
__________________
Unofficial witness
__________________
Notary public

(h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements:

(1) The affidavit shall set forth:

(B) Her relationship to the child;

(D) Her marital status;

(E) The identity and last known address of any spouse or former spouse;

(F) The identity, last known address, and relationship to the mother of the biological father of her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire;

(G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support or medical care during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and

(H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and

(2) The affidavit shall conform substantially to the following form:

This is an important legal document which deals with your child's right to have its father's rights properly determined. If you decline to disclose the name and address of the biological father of your child, understand that you may be required to appear in court to explain your refusal and that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:

That my name is _______________________.

That I am the mother of a (male) (female) child born (insert name of child) in the State of __________, County of ________ on (insert birthdate of child).

That I am ________ years of age, having been born in the State of ________, County of ________ on ______________.

That my social security account number is ________________.

That my marital status at the time of the conception of my child was (check the status and complete the appropriate information):

( ) Single, never having been married.

( ) Separated but not legally divorced; the name of my spouse is _______________________; his last known address is _______________________; we were married in the State of ________, County of ________ on ________; we have been separated since ______________; we last had sexual relations on __________.

( ) Divorced; the name of my previous spouse is _______________________; we were married in the State of ________, County of ________ on ________; his last known address is ______________; divorce granted in the State of __________, County of ________ on ______________.

( ) Legally married; the name of my spouse (was)(is) ______________; we were married in the State of ________, County of ________ on ______________; and his last known address is ______________.

( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse (was) (is) ___________________; his last known address is ______________; our relationship began in the State of _______, County of _______ on _______.

( ) Widowed; the name of my deceased spouse was _______________________; we were married in the State of ________, County of ________ on ________; and he died on ________ in the County of ________, State of ________.

That my name and marital status at the time of the birth of my child was (check the status and complete the appropriate information):

Name _____________________________________________________________

( ) Single, never having been married.

( ) Separated, but not legally divorced; the name of my spouse (was) (is) ____________________; his last known address is ___________________________; we were married in the State of ________________, County of ______________ on ______________________; we have been separated since ____________________; we last had sexual relations on ______________.

( ) Divorced; the name of my former spouse is ______________; we were married in the State of ______________________, County of ______________ on ______________; his last known address is ___________________________; divorce granted in the State of ________________, County of ______________.

( ) Legally Married; the name of my spouse (was) (is) ___________________; we were married in the State of ____________________, County of ______________ on _________________ on _________________; and his last known address is __________________________.

( ) Married through common-law relationship prior to January 1, 1997; the name of my spouse (was)(is) ______________; his last known address is ______________; our relationship began in the State of ______________, County of ______________ on ______________.

( ) Widowed; the name of my deceased spouse was _____________; we were married in the State of ________, County of ______________ on ______________; and he died on ______________ in the County of ______________, State of ______________.

That the name of the biological father of my child is (complete appropriate response):

Known to me and is (_________________________);

Known to me but I expressly decline to identify him because ________________________________; or

Unknown to me because

_________________________________________________________________

_________________________________________________________________.

That the last known address of the biological father of my child is (complete appropriate response):

Known to me and is ________________________________________________;

Known to me but I expressly decline to provide his address because ________________________________; or

Unknown to me because

_________________________________________________________________

_________________________________________________________________.

That, to the best of my knowledge, I (am) (am not) of American Indian heritage. If so:

(A) The name of my American Indian tribe is ______________ and the percentage of my American Indian blood is ______ percent.

(B) My relatives with American Indian blood are:

_________________________________________________________________

(D) I (am) (am not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is: _______________________ and my registration or identification number is: ____________________________.

(E) A member of my family (is) (is not) a member of an American Indian tribe. If so, the name of each such family member is: ___________________ and the name of the corresponding American Indian tribe is: ____________________________.

(F) A member of my family (is) (is not) registered with an American Indian tribal registry. If so, the name of each such family member is: __________________________________________________ and the name of the corresponding American Indian tribal registry is: _____________________________ and their corresponding registration or identification numbers are:____________________.

That to the best of my knowledge, the biological father (is) (is not) of American Indian heritage. If so:

(A) The name of his American Indian tribe is ______________ and the percentage of his American Indian blood is ______ percent.

(B) His relatives with American Indian blood are:

_________________________________________________________________

_________________________________________________________________.

(C) He (is) (is not) a member of an American Indian tribe. If so, the name of the tribe is:______________________________.

(D) He (is) (is not) registered with an American Indian tribal registry. If so, the American Indian tribal registry is: _____________________________________ and his registration or identification number is: ___________________________.

That the date of birth of the biological father (was _____________, ____) or (is not known to me).

That the biological father (is) (is not) on active duty in a branch of the United States armed forces. If so:

(A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard).

(B) His rank is __________.

If applicable, please provide any additional available information regarding his military service.

_________________________________________________________________

_________________________________________________________________.

That the biological father of my child, whether or not identified herein (strike each inappropriate phrase):

(Was) (Was not) married to me at the time this child was conceived;

(Was) (Was not) married to me at any time during my pregnancy with this child;

(Was) (Was not) married to me at the time that this child was born;

(Did) (Did not) marry me after the child was born and recognize the child as his own;

(Has) (Has not) been determined to be the child's father by a final paternity order of a court;

(Has) (Has not) legitimated the child by a final court order;

(Has) (Has not) lived with the child;

(Has) (Has not) contributed to its support;

(Has) (Has not) provided for my support during my pregnancy or hospitalization for the birth of the child;

(Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child; and

(Has) (Has not) made any attempt to legitimate the child.

That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption: ____________________________.

That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

_________________________
(Biological mother's signature)
Sworn to and subscribed
before me this ________
day of ______________, ____.
___________________________
Notary public (SEAL)
My Commission Expires _____________.

(i) The affidavit of an adoptive mother required by subsection (a) of Code Section 19-8-9 for the surrender of her rights shall meet the following requirements:

(1) The affidavit shall set forth:

(B) Her relationship to the child;

(D) Her marital status;

(E) The name and last known address of any spouse at the time the child was adopted and whether any such spouse also adopted the child or was the biological father of the child;

(F) The circumstances surrounding her adoption of her child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any; and

(G) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of her child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the adoptive mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the adoptive mother need only state the nature of the assistance received.

(2) The affidavit shall be in substantially the following form:

ADOPTIVE MOTHER'S AFFIDAVIT

This is an important legal document which deals with your child's right to have its legal father's rights properly terminated. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.

STATE OF GEORGIA COUNTY OF ________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________, who, after having been sworn, deposes and says as follows:

That my name is _______________________________________________________.

That I am the adoptive mother of a (male) (female) child born (insert name of child) in the State of ________, County of ________ on (insert birthdate of child).

That I am ________ years of age, having been born in the State of ________, County of __________ on ______________.

That my marital status is (check the status and complete the appropriate information):

( ) Single, never having been married.

( ) Separated but not legally divorced; the name of my spouse is ______________; his last known address is ______________; we were married in the State of ________, County of __________ on ______________; we have been separated since ______________; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.

( ) Divorced; the name of my previous spouse is ______________; we were married in the State of ________, County of __________ on ______________; his last known address is ______________; divorce granted in the State of ________, County of __________ on ______________; my previous spouse (did) (did not) also adopt said child; my previous spouse (is) (is not) the biological father of said child.

( ) Legally married; the name of my spouse is ______________; we were married in the State of ________, County of ________ on ______________; his last known address is ______________; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.

( ) Married through common-law marriage relationship; the name of my spouse is ______________; his address is ______________; the date and place our relationship began is (date, county, state); my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child.

( ) Widowed; the name of my deceased spouse is ______________; we were married in the State of ________, County of __________ on ________; he died on ______________ in the County of __________, State of ________; he (did) (did not) also adopt said child; and he (was) (was not) the biological father of said child.

That I adopted my child in the State of ________, County of __________;

That the final order of adoption was entered on ______________;

That there (was) (was not) an adoption agency involved in the placement of my child with me for adoption; and if so its name was _______________________, and its address is _______________________.

That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my child's placement for adoption: ______________.

That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

_________________
(Adoptive mother)
Sworn to and subscribed
before me this ________
day of __________, ____.
_____________
Notary public

(j) The affidavit of an agency or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form:

AFFIDAVIT OF AGENCY OR
DEPARTMENT REPRESENTATIVE

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:

That I am (position) of (department or agency).

That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by __________________________, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born (insert name of child) on (insert birthdate of child), I reviewed with and explained to said individual all of the provisions of the surrender, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child.

That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

_______________________
(Agency representative)
Sworn to and subscribed
before me this ______ day
of ______________, ____.
_____________
Notary public

(k) The affidavit of a petitioner's representative required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

AFFIDAVIT OF PETITIONER'S REPRESENTATIVE

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:

That my name is ________________________.

That my address is _______________________.

_____________________________
(Petitioner's representative)
Sworn to and subscribed
before me this ______ day
of ______________, ____.
_____________

(l) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form:

PARENTAL CONSENT TO STEPPARENT ADOPTION

I, the undersigned, hereby consent that my spouse (insert name of spouse) adopt my (son) (daughter), (insert name of child), whose date of birth is ______________, and in so doing I in no way relinquish or surrender my parental rights to the child.

I further acknowledge service of a copy of the petition for adoption of the child as filed on behalf of my spouse, and I hereby consent to the granting of the prayers of the petition. I also waive all other and further service and notice of any kind and nature in connection with the proceedings.