§ 19-8-9 — Revocation of surrender of rights; time limit; effect of voluntary surrender of rights by legal mother

(a) Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 shall have the right to revoke such surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within four days after signing such surrender; and such surrender document shall not be valid unless it so states. The four-day revocation period shall be counted consecutively beginning with the day immediately following the date the surrender of rights is executed; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which such surrender may be revoked shall be the next day that is not a Saturday, Sunday, or legal holiday. After the four-day period, a surrender of rights cannot be revoked. Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, the notice of revocation of a surrender of rights shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document. If delivered in person, it shall be delivered to the address shown in the surrender document not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. If mailed by registered mail or delivered by statutory overnight delivery, it shall be addressed to the address shown in the surrender document and submitted to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. (b) If a legal mother has either voluntarily and in writing surrendered all of her parental rights pursuant to Code Section 19-8-4 , 19-8-5 , 19-8-6 , or 19-8-7 or pursuant to the corresponding provisions of the laws of another state, and has not revoked her surrender as allowed by applicable law, or has had her parental rights involuntarily terminated by a court of competent jurisdiction, she shall have no right or authority to sign a voluntary acknowledgment of paternity pursuant to Code Section 19-7-46.1 or consent to the granting of a petition for legitimation filed pursuant to Code Section 19-7-22 regarding the same child.

Legislative History

Amended by 2021 Ga. Laws 140,§ 4, eff. 7/1/2021. Amended by 2018 Ga. Laws 285,§ 1-1, eff. 9/1/2018. Amended by 2016 Ga. Laws 404,§ 13, eff. 7/1/2016. Amended by 2007 Ga. Laws 214,§ 7, eff. 7/1/2007.