§ 19-8-11.Petitioning superior court to terminate rights of one parent or guardian of child; service of process

Chapter 8. Adoption · Article 1. General Provisions · Last amended 2021 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-8-11 lets an adoption agency, or an out-of-state family that received one parent’s surrender, ask a Georgia superior court to terminate the remaining parent’s rights before an adoption, and sets the grounds, hearing window and notice rules.

Full Text of § 19-8-11

Text sizeJump to: (a) (b)

(a)

(1) In those cases when the department, a child-placing agency, or an out-of-state licensed agency has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child or has obtained an order from a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child, such department, child-placing agency, or out-of-state licensed agency may in contemplation of the placement of such child for adoption petition the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child to terminate the parental rights of the remaining parent pursuant to this Code section.

(2) In those cases when a child has been placed in compliance with Chapter 4 of Title 39, and the individual who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such individual to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child was born or of Fulton County to terminate the parental rights of the remaining parent pursuant to this Code section.

(3)

(A) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection when the court determines by clear and convincing evidence that the:

(i) Child has been abandoned by that parent;

(ii) Parent of the child cannot be found after a diligent search has been made;

(iii) Parent is insane or otherwise incapacitated from surrendering such rights;

(iv) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age; or

(v) Parent, without justifiable cause, has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310.

(B) If the court determines that a circumstance described in subparagraph (A) of this paragraph has been met, it shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

(b)

(1) Whenever a petition to terminate parental rights is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition to terminate parental rights and a copy of the court's order setting forth the date upon which such petition shall be considered or, if personal service cannot be perfected, by certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending termination of parental rights proceeding and show cause why such parent's rights to the child who is the subject of the proceeding should not be terminated. Notice shall be deemed to have been received on the earliest date:

(A) Personal service is perfected;

(B) Of delivery shown on the return receipt of certified mail or registered mail or proof of delivery by statutory overnight delivery; or

(2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail, by registered mail, or by statutory overnight delivery.

End

Contingent version (not yet in force)

The Code also prints a second version of this section that takes effect only when the Interstate Compact for the Placement of Children has been enacted into law by a thirty-fifth state. Until then, the text above is the law. The contingent text reads:

(a)

(2) In those cases when a child has been placed in compliance with Chapter 4A of Title 39, and the individual who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such individual to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child was born or of Fulton County to terminate the parental rights of the remaining parent pursuant to this Code section.

(3)

(A) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection when the court determines by clear and convincing evidence that the:

(i) Child has been abandoned by that parent;

(ii) Parent of the child cannot be found after a diligent search has been made;

(iii) Parent is insane or otherwise incapacitated from surrendering such rights;

(b)

(A) Personal service is perfected;

(B) Of delivery shown on the return receipt of certified mail or registered mail or proof of delivery by statutory overnight delivery; or

Laws 1990, p. 1572, § 5; Laws 1996, p. 474, § 6; Laws 1999, p. 252, § 8; Laws 2000, p. 20, § 12; Laws 2000, p. 1589, § 3; Laws 2013, Act 127, § 4-26, eff. Jan. 1, 2014; Laws 2016, Act 361, § 4, eff. July 1, 2016; Laws 2018, Act 285, § 1-1, eff. Sept. 1, 2018; Laws 2021, Act 140, § 6, eff. July 1, 2021; Laws 2024, Act 425, § 4, eff. April 22, 2024.

Plain-English Summary

Sometimes one parent signs a surrender and the other can’t or won’t. This section offers a separate termination case filed before the adoption. Under paragraph (a)(1), the department, a child-placing agency or an out-of-state licensed agency that holds a voluntary written surrender from one parent or the guardian, or a court order terminating that person’s rights, may petition to terminate the remaining parent’s rights in contemplation of placing the child for adoption. It files in the superior court of the county of the child’s domicile, the county where the child was born, the county of the principal office of the child-placing agency with legal custody, or the county of the department office with legal custody.

Paragraph (a)(2) covers families in other states. When a child has been placed under the Interstate Compact on the Placement of Children in Chapter 4 of Title 39, and an out-of-state resident has obtained a written surrender from one parent or the guardian, each person to whom the child was surrendered may petition the superior court of the county where the child was born, or of Fulton County, to terminate the remaining parent’s rights in contemplation of an adoption in that other state.

The grounds match § 19-8-10(a) and must be proved by clear and convincing evidence: abandonment; a parent who can’t be found after a diligent search; a parent who is insane or otherwise incapacitated from surrendering; conception through nonconsensual intercourse with the biological mother or when she was less than ten years of age; or a failure, without justifiable cause, to exercise proper parental care or control as set out in paragraph (3), (4) or (5) of § 15-11-310(a). If a ground is met, the court shall set a hearing in chambers not less than 30 and not more than 60 days after the remaining parent receives notice. It shall enter an order terminating the parent’s rights if it so finds and is of the opinion that adoption is in the child’s best interests, considering the child’s physical, mental, emotional and moral condition and needs, including the need for a secure and stable home.

Subsection (b) uses the same notice ladder as § 19-8-10: personal service of the petition and the order setting the hearing date; then certified or registered mail, return receipt requested, or statutory overnight delivery; then publication once a week for three weeks in the official organ of both the filing county and the county of the parent’s last known address. No court order is needed to publish, but the petitioner must aver that diligent efforts at the other methods failed. Notice counts as received on the earliest of those dates. The parent need not answer but may appear and show cause. Last amended in 2021, the section has a contingent version that would take effect only if a 35th state enacts the Interstate Compact for the Placement of Children. The version shown first is in force, and the only change would be paragraph (a)(2)’s reference to Chapter 4A of Title 39.

Frequently Asked Questions

Can an adoption agency terminate the other parent’s rights after one parent surrenders in Georgia?

Yes, through this section, if a ground is proved. When the department, a child-placing agency or an out-of-state licensed agency holds one parent’s written surrender, or a court order ending that parent’s rights, it may petition the superior court to terminate the remaining parent’s rights before placing the child. The court must find by clear and convincing evidence a ground such as abandonment or that the parent can’t be found after a diligent search, and must be of the opinion that adoption is in the child’s best interests. A biological father who is not a legal father is handled under § 19-8-12 instead.

How soon is the hearing on a petition to terminate the remaining parent’s rights?

Between 30 and 60 days after the parent receives notice. If the court determines that one of the grounds is met, it shall set the matter to be heard in chambers not less than 30 and not more than 60 days following the remaining parent’s receipt of notice under subsection (b). Notice counts as received on the earliest of the date of personal service, the delivery date on the mail or courier receipt, or the date of the last publication.

Where is a petition to terminate the remaining parent’s rights filed in Georgia?

It depends on who files. An agency or the department files in the superior court of the county of the child’s domicile, the county where the child was born, the county of the principal office of the child-placing agency with legal custody, or the county of the department office with legal custody. An out-of-state resident who received a surrender after an interstate compact placement files in the superior court of the county where the child was born or of Fulton County.

Does the remaining parent have to answer the termination petition?

No. A parent notified under subsection (b) isn’t a party to the adoption and has no obligation to file an answer. He or she does have the right to appear in the termination proceeding and show cause why his or her rights to the child shouldn’t be terminated. Notice comes first by personal service, then by certified or registered mail or statutory overnight delivery, and then, if needed, by publication once a week for three weeks.

How is this section different from § 19-8-10?

Timing and who files. Section 19-8-10 lets the adoptive petitioner end a parent’s rights inside the adoption case itself. This section creates a separate termination case, brought before the adoption by the department or an agency in contemplation of placement, or by an out-of-state family after an interstate compact placement. The grounds in paragraph (a)(3) match those in § 19-8-10(a), but the one-year failure to communicate or support in § 19-8-10(b) is not among them.

Amendment History

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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