(a)(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 or her 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, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption.(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, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption.(b) In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court.(c) The surrender of rights specified in this Code section shall be executed following the birth of the child under oath and in the presence of a notary public and an adult witness. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof.(d) An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.(e)(1) The surrender of rights 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. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.(2) A biological father who is not a legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.(f) A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness.(g)(1) A legal mother who surrenders her parental rights or consents to the adoption of her child by her spouse pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.(2) A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.(i) A surrender of rights or consent pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender or consent given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption.(j) 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 meet the requirements of subsection (l) of Code Section 19-8-26. Such consent shall be signed under oath and in the presence of a notary public.(k) A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.
OCGA § 19-8-6
Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018.
