Georgia Code
Article 1 - General Provisions
§ 19-8-12. Notice to Biological Father; Procedure When Identity or Location of Father Not Known; Effect of Order Terminating Biological Father’s Rights; Legitimation of Child by Father; Rights of Mother

History. Code 1981, § 19-8-12 , enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1997, p. 1686, § 5; Ga. L. 2000, p. 1589, § 3; Ga. L. 2004, p. 631, § 19; Ga. L. 2007, p. 342, § 8/HB 497; Ga. L. 2008, p. 667, § 8/SB 88; Ga. L. 2016, p. 304, § 14/SB 64; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2021, p. 151, § 7/HB 154.
The 2016 amendment, effective July 1, 2016, deleted “or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1” following “Code Section 19-7-22” at the end of paragraph (e)(1) and deleted “or acknowledgment of legitimation” following “legitimate” near the beginning of paragraph (e)(2).
The 2018 amendment, effective September 1, 2018, rewrote this Code section.
The 2021 amendment, effective July 1, 2021, substituted “Certified mail or” for “Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail,” at the beginning of subparagraph (c)(1)(A); inserted “certified mail or” in paragraphs (c)(2) and (c)(3); deleted “subsection (a) of” following “in accordance with” in paragraphs (d)(1) and (d)(2); and deleted “subsection (a) of” following “legal mother pursuant to” in the first sentence of subsection (i).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2018, a period that was inadvertently deleted was added at the end of paragraph (d)(3).
Editor’s notes.
Ga. L. 2008, p. 667, § 1/SB 88, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Care of a Grandchild Act.’”
Ga. L. 2008, p. 667, § 2/SB 88, not codified by the General Assembly, provides: “The General Assembly finds that:
“(1) An increasing number of relatives in Georgia, including grandparents and great-grandparents, are providing care to children who cannot reside with their parents due to the parent’s incapacity or inability to perform the regular and expected functions to provide such care and support;
“(2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and
“(3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.”
Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: “This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.”
Law reviews.
For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981).
For article, “Continuing Confusion in the Georgia Adoption Process,” see 20 Ga. St. B.J. 62 (1983).
For note, “In re Baby Girl Eason: Expanding the Constitutional Rights of Unwed Fathers,” see 39 Mercer L. Rev. 997 (1988).
For comment, “The Putative Father’s Right to Notice of Adoption Proceedings: Has Georgia Finally Solved the Adoption Equation?,” see 47 Emory L.J. 1475 (1998).