Title 9, Chapter 10, Section 70
( 9-10-70)
(a) Anything to the contrary notwithstanding, in all instances where
a minor, 14 years of age or older, is a legal resident of the county
wherein the legal proceeding concerning such service is sought to be
made but is temporarily residing or sojourning outside this state or
outside the United States, service may be perfected upon the minor
by registered or certified United States mail with return receipt
attached or by statutory overnight delivery. (b) When service is to be perfected by registered or certified mail or statutory overnight delivery, as provided for in subsection (a) of this Code section, the clerk or the judge of the court in which the matter is proceeding shall enclose a copy of the petition, order, or other document sought to be served on the minor in an envelope addressed to the minor at his or her last known address and shall mail the same forthwith with postage prepaid, noting on the records of the court the date and hour of mailing, or shall send the same by statutory overnight delivery as provided in Code Section 9-10-12. When a receipt therefor is returned or if the sealed envelope in which the notice was mailed to the minor is returned to the sender by the appropriate postal authorities or commercial delivery company marked "Refused," giving the date of refusal, and the notation of refusal is signed or initialed by a postal employee or mail carrier or commercial delivery company employee to whom the refusal was made, then the clerk or judge shall attach the same to the original papers in the case or shall otherwise file it as a part of the records in the case and it shall be prima-facie evidence of service on the minor. (c) When service upon a minor is perfected as set forth in
subsections (a) and (b) of this Code section, the minor shall have
60 days from the date of receipt of the registered letter or
statutory overnight delivery or the refusal thereof as shown on the
receipt of refusal in which to file such defensive pleadings as may
be necessary. No judgment or decree shall be rendered in the
proceeding which shall adversely affect the interest of the minor
until the 60 day period has elapsed unless the judgment or decree is
expressly agreed or consented to by the duly appointed guardian ad
litem of the minor as being in the best interest of the minor and
unless the 60 day period provided for in this subsection has been
expressly waived by the guardian ad litem. Each process issued in
such cases shall be conformed to the 60 day provision set forth in
this subsection. (d) When the return of service provided for in this Code section is
made to the proper court and an order is taken to appoint for the
minor a guardian ad litem, and the guardian ad litem agrees to serve
in writing, all of which shall be shown in the proceedings of the
court, the minor shall be considered a party to the proceedings. (e) In cases concerning minors 14 years of age or older who are
temporarily sojourning or living outside this state or the United
States, where the minor has a statutory or testamentary guardian or
trustee representing the interest of the minor to be affected by a
legal proceeding, service as usual on the guardian or trustee shall
be sufficient to bind the minor's interest in his control to be
affected by the proceedings. |