Bill Text: GA HB388 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: The Option of Adoption Act; enact
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2009-07-01 - Effective Date [HB388 Detail]
Download: Georgia-2009-HB388-Comm_Sub.html
Bill Title: The Option of Adoption Act; enact
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2009-07-01 - Effective Date [HB388 Detail]
Download: Georgia-2009-HB388-Comm_Sub.html
09 LC 29
3790S
The
House Committee on Judiciary offers the following substitute to HB
388:
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 enact the "Option of Adoption Act"; to provide a short
title; to define certain terms; to provide that a legal embryo custodian may
relinquish rights to an embryo; to provide for procedures; to provide that a
child born as a result of such relinquished embryo shall be the legal child of
the recipient; to provide for an expedited order of parentage; to amend the
Official Code of Georgia Annotated so as to conform provisions and 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.
This
Act shall be known and may be cited as the "Option of Adoption
Act."
SECTION
2.
Chapter
8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption,
is amended by designating the existing chapter as Article 1 and adding a new
article to read as follows:
"ARTICLE
2
19-8-40.
As
used in this article, the term:
(1)
'Embryo' or 'human embryo' means an individual fertilized ovum of the human
species.
(2)
'Embryo relinquishment' or 'legal transfer of rights to an embryo' means the
relinquishment of rights and responsibilities by the person or persons who hold
the legal rights and responsibilities for an embryo and the acceptance of such
rights and responsibilities by a recipient intended parent.
(3)
'Embryo transfer' means the medical procedure of physically placing an embryo
into the uterus of a female.
(4)
'Legal embryo custodian' means the person or persons who hold the legal rights
and responsibilities for a human embryo and who relinquishes said embryo to
another person or persons.
(5)
'Recipient intended parent' means a person or persons who receive a relinquished
embryo and who accepts full legal rights and responsibilities for such embryo
and any child that may be born as a result of embryo transfer.
19-8-41.
(a)
A legal embryo custodian may relinquish all rights and responsibilities for an
embryo to a recipient intended parent prior to embryo transfer. A written
contract shall be entered into between each legal embryo custodian and each
recipient intended parent prior to embryo transfer for the legal transfer of
rights to an embryo and to any child that may result from the embryo transfer.
The contract shall be signed by each legal embryo custodian for such embryo and
by each recipient intended parent in the presence of a notary public and a
witness. Initials or other designations may be used if the parties desire
anonymity. The contract may include a written waiver by the legal embryo
custodian of notice and service in any legal adoption or other parentage
proceeding which may follow.
(b)
If the embryo was created using donor gametes, the sperm or oocyte donors who
irrevocably relinquished their rights in connection with in vitro fertilization
shall not be entitled to any notice of the embryo relinquishment, nor shall
their consent to the embryo relinquishment be required.
(c)
Upon embryo relinquishment by each legal embryo custodian pursuant to subsection
(a) of this Code section, the legal transfer of rights to an embryo shall be
considered complete, and the embryo transfer shall be authorized.
(d)
A child born to a recipient intended parent as the result of embryo
relinquishment pursuant to subsection (a) of this Code section shall be presumed
to be the legal child of the recipient intended parent; provided that each legal
embryo custodian and each recipient intended parent has entered into a written
contract.
19-8-42.
(a)
Prior to the birth of a child or following the birth of a child, a recipient
intended parent may petition the superior court for an expedited order of
adoption or parentage. In such cases, the written contract between each legal
embryo custodian and each recipient intended parent shall be acceptable in lieu
of a surrender of rights.
(b)
All petitions under this article shall be filed in the county in which any
petitioner or any respondent resides.
(c)
The court shall give effect to any written waiver of notice and service in the
legal proceeding for adoption or parentage.
(d)
In the interest of justice, to promote the stability of embryo transfers, and to
promote the interests of children who may be born following such embryo
transfers, the court in its discretion may waive such technical requirements as
the court deems just and proper.
19-8-43.
Upon
a filing of a petition for adoption or parentage and the court finding that such
petition meets the criteria required by this article, an expedited order of
adoption or parentage shall be issued and shall be a final order. Such order
shall terminate any future parental rights and responsibilities of any past or
present legal embryo custodian in a child which results from the embryo transfer
and shall vest such rights and responsibilities in the recipient intended
parent."
SECTION
3.
Code
Section 15-11-28 of the Official Code of Georgia Annotated, relating to
jurisdiction of the juvenile court, is amended by revising subparagraph
(a)(2)(C) as follows:
"(C)
For the termination of the legal parent-child relationship and the rights of the
biological father who is not the legal father of the child, other than that in
connection with adoption proceedings under
Article 1
of Chapter 8 of Title 19, in which the
superior courts shall have concurrent jurisdiction to terminate the legal
parent-child relationship and the rights of the biological father who is not the
legal father of the child;"
SECTION
4.
Code
Section 19-8-26 of the Official Code of Georgia Annotated, relating to how
surrender of parental rights is executed, is amended by revising subsection (c)
as follows:
"(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:
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 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
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 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 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)
__________________
Unofficial witness
Sworn to and subscribed
before me this ______
day of ______________, ____.
(Parent or guardian)
__________________
Unofficial witness
Sworn to and subscribed
before me this ______
day of ______________, ____.
_______________________
Notary public (SEAL)
My commission expires ______________."
Notary public (SEAL)
My commission expires ______________."
SECTION
5.
Code
Section 29-2-22 of the Official Code of Georgia Annotated, relating to authority
of a guardian, is amended by revising paragraph (4) of subsection (a) as
follows:
"(4)
Execute a surrender of rights to enable the adoption of the minor pursuant to
the provisions of
Article 1
of Chapter 8 of Title 19 or the adoption
laws of any other state; and"
SECTION
6.
Code
Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing
and inspection of child welfare agencies, is amended by revising paragraphs (1)
and (2) of subsection (q) as follows:
"(1)
Adopt a child or children from receiving or accepting a child or children in the
individual's home in anticipation of filing a petition for adoption under
Article 1 of
Chapter 8 of Title 19; or
(2)
Have that individual's child or children placed for adoption from placing that
individual's child or children in the home of an individual who is not related
to the child or children in anticipation of the individual's initiation of
adoption proceedings pursuant to
Article 1
of Chapter 8 of Title
19."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.