Navigating the adoption process can prove to be a taxing emotional journey for the child, biological parents and adopting parents. It may also be a strenuous legal affair. The complexity of executing a written surrender of rights and effecting a revocation of a previously executed written surrender of rights are often overlooked in the adoption process. It is strongly recommended to use an experienced adoption attorney to navigate this process, instead of trying to handle it pro se or on your own.
There were significant revisions in the Georgia adoption law as it pertains to the revocation of a previously signed written voluntary surrender of rights effective September 1, 2018. One of the most significant changes shortened the period the biological parent or individual signing a written voluntary surrender of rights had to revoke their surrender, from ten (10) days to just four (4) days. During the four-day revocation period, the biological parent or individual signing a written voluntary surrender of rights has the unconditional right to revoke such surrender of rights.
The period for revocation of a previously signed written voluntary surrender begins the day after the execution of it, and shall be counted consecutively beginning with the day immediately following the date the written voluntary surrender of rights is signed. If the four-day revocation period lands on a Saturday, Sunday, or legal holiday, the actual final day of the revocation period would then be shifted to the next business day that is not a Saturday, Sunday or legal holiday. As before, the right to revoke a previously signed written voluntary surrender is unconditional during the four-day revocation period. After the revocation period expires, the previously executed surrender cannot be revoked.
Delivery of a Written Notice of Revocation
The manner by which a written notice of revocation can occur also underwent some slight changes. All written revocations must be delivered either in person, or mailed by statutory overnight delivery, or registered mail to the address shown in the previously signed written voluntary surrender document. A notice to revoke a previously signed written voluntary surrender of rights made using certified mail cannot be accepted.
Time Deadline of Delivering a Written Notice of Revocation
Additionally, the latest modifications has created some specific time deadlines with regards to when a written notice of revocation must be delivered. If a written revocation is submitted in person, then it must be submitted by 5:00 pm eastern standard time or 5:00 pm eastern daylight time, whichever is applicable. The written notice of revocation should be delivered in person to the address designated in the surrender. If the individual decides to mail their written notice of revocation, then they should retain proof of the date and time the written revocation notice was tendered via statutory overnight delivery or registered mail. Remember, the birth parent or individual revoking their previously executed written voluntary surrender of rights will bear the burden of proof that the written notice of revocation was effectuated timely.
When a written revocation is mailed, it does not have to be delivered to the address designated in the surrender document by the fourth day of the revocation period; however, it will need to have a postmarked date of the fourth day of the revocation period. The Georgia adoption law does not specifically state the time deadline that it must be postmarked if it is mailed. But, it is a good practice to make sure that the written revocation is post marked by 5:00 pm on the fourth day of the revocation period.
If you are a biological parent or an adoptive parent, it is recommended that you both have separate legal counsel in an adoption. Contact Attorney Christina E. Campbell of The Campbell Law Practice, LLC to schedule an adoption consultation.
For more questions, contact attorney Christina E. Campbell, who has the experience and training to help you navigate the adoption process at (404) 981-5257.