Georgia Adoption Laws, pg 3

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Who Must Consent to an Adoption
Citation: Ann. Code § 19-8-4(a)

A child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian:
  • Has voluntarily and in writing surrendered all of his or her rights to the child to the department or to a child-placing agency and the department or agency thereafter consents to the adoption
  • Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption


Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 19-8-4(b)

In the case of a child age 14 or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court.

When Parental Consent is not Needed
Citation: Ann. Code § 19-8-10

Surrender or termination of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent when the court determines by clear and convincing evidence that the parent:
  • Has abandoned the child
  • Cannot be found after a diligent search has been made
  • Is insane or otherwise incapacitated from surrendering such rights
  • Has failed to exercise proper parental care or control due to misconduct or inability

Surrender of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent if that parent, for a period of 1 year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:

  • To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner
  • To provide for the care and support of that child as required by law or judicial decree, and the court is of the opinion that the adoption is for the best interests of that child


When Consent Can Be Executed
Citation: Ann. Code § 19-8-5

Consent may be executed any time after the birth of the child.

How Consent Must Be Executed
Citation: Ann. Code §§ 19-8-4; 19-8-5

The surrender to the department or to a child-placing agency specified in this Code section 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.

The surrender of a child to be adopted by a third party who is neither the stepparent nor relative of that child shall be executed in the presence of a notary.

A form for the affidavit of surrender can be found in § 19-8-26.

Revocation of Consent
Citation: Ann. Code § 19-8-9(b)

A person signing a surrender shall have the right to withdraw the surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within 10 days after signing. After 10 days, a surrender may not be withdrawn.

The surrender document is not valid unless it states the right of withdrawal.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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