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Surrender of Parental Rights – Continued

by merlin on January 5th, 2012
  • Sumo

A Surrender of Parental Rights is not the only provision listed in the Code Section for a biological mother to execute to give up custody of her child.  Under Section 19-8-4(g) of the Official Code of Georgia, the biological mother must also execute an Acknowledgment of her surrender, to provide a higher level of awareness to her of the serious and powerful effect of her actions.  That Code subsection provides as follows:

“(g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26.”

As you see, that Code Section sends the reader/practitioner to a different Code section for reference, directing that the person execute an acknowledgment of their surrender.

The following is the affidavit required by that Code subsection.

 ACKNOWLEDGEMENT OF SURRENDER OF RIGHTS

By execution of this paragraph, the undersigned expressly acknowledges:

 (A) That I have read the accompanying SURRENDER OF RIGHTS/FINALRELEASE FOR ADOPTION relating to said minor child born XXXXXXXXXX, a (fe)male on XXXX XX, XXXX;

(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 from the date of the surrender and that after such ten-day 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however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday;

(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 XXth day of XXXXXX, 2012.

It must be signed, witnessed, and notarized.

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