07 LC 28
3154
House
Bill 3
By:
Representatives Sailor of the
93rd,
Ehrhart of the
36th,
Talton of the
145th,
Jones of the
44th,
Mosby of the
90th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating
to child custody proceedings, so as to provide for definitions; to provide that,
when an unmarried mother desires to surrender her parental rights to her newborn
child, the child cannot be transferred to the custody of a third party without
the consent of the biological father; to provide for notice; to provide for
exceptions; to provide for remedies and attorney fees and expenses of
litigation; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 19 of the Official Code of Georgia Annotated, relating to child
custody proceedings, is amended by adding a new Code Section 19-9-2.1 to read as
follows:
"19-9-2.1.
(a)
As used in this Code section, the term:
(1)
'Biological father' means the male who impregnated the biological mother
resulting in the birth of the child.
(2)
'Newborn child' means a child from the moment of birth to 30 days
old.
(3)
'Third party' means an individual other than the mother or the biological father
of the child, a child adoption agency, or a child placement agency. Such term
shall not include the Department of Human Resources when acting under a valid
court order authorizing the Department of Human Resources to take temporary
custody of a child due to a finding that the child is deprived or without proper
parental care or control pursuant to Code Section 15-11-94.
(b)
When an unmarried mother desires to surrender her parental rights to her newborn
child and transfer custody of the newborn child to a third party for adoption or
placement for adoption and the mother knows the identity of the biological
father of the newborn child, the mother shall provide notice in writing of such
intent to the biological father personally or by registered or certified mail or
statutory overnight delivery at the biological father´s last known address.
Such notice shall state the mother´s intent to surrender her parental
rights to the newborn child and to place the newborn child for
adoption.
(c)
The biological father shall have three days after receiving notice of the
mother´s intent to object in writing to the transfer of custody of such
newborn child to a third party. Such objection shall be delivered to the mother
personally or by statutory overnight delivery. Except as provided in this Code
section, the mother shall not transfer custody of the newborn child to a third
party unless and until the biological father has consented in writing to the
transfer of custody or has surrendered his parental rights to such newborn child
as provided in Chapter 8 of this title.
(d)
If the biological father objects to the transfer of custody to the third party
and the mother does not desire to maintain custody of the newborn child, the
father shall assume custody of the newborn child.
(e)
If the biological father does not object to the transfer of custody to a third
party within the three-day period as provided in subsection (c) of this Code
section, the biological father shall be presumed to have consented to such
transfer of custody.
(f)
If the mother does not know the identity of the biological father or the
whereabouts of the biological father or, after receiving notice, the biological
father does not file a written objection to the transfer of custody within the
time period specified in subsection (c) of this Code section, the mother may
proceed with the transfer of custody to the third party.
(g)
Until the parental rights of the biological father are surrendered or terminated
as provided in Chapter 8 of this title or the court determines pursuant to Code
Section 19-8-10 that surrender or termination is not necessary, the third party
to whom custody has been transferred shall not remove the newborn child from
this state.
(h)
If custody of a newborn child is transferred in violation of this Code section,
the biological father shall have a right of action to obtain custody of the
newborn child against the third party having custody of the newborn child and,
if successful, the biological father shall be awarded attorney fees and expenses
of litigation incurred in such action.
(i)
This Code section shall be supplementary to the provisions of law concerning the
surrender or termination of parental rights and adoption contained in Chapter 8
of this title."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.