Legal Question in Family Law in Georgia
Child abondonment and adoption
My wife had a child out of wedlock before I met her. I met my wife shortly after her daughter's first birthday. The child's father has never been in the picture (he isn't listed on the child's birth certificate as the father)and has only asked about her twice in her life and has only seen her once when she was an infant. He has never offered any support emotionaly, finacially, or otherwise to her. "My daughter" will be 4 this year and I want to adopt her. We haven't heard from her bilogical father in over 2 years and don't know where he his. What does GA law say about child abandonment and adoption? Will I have to find him and get him to give up his parental right (a right he has never been interested in exercising) so I can adopt my daughter?
2 Answers from Attorneys
Re: Child abondonment and adoption
As Mr. Field pointed out in his reply to your question, it is necessary to give the father notice of an action for adoption of your step-daughter. You do not, however, necessarily need to get his permission. Georgia law permits a natural parent's parental rights to be terminated involuntarily where the parent has abandoned the child for a period of at least one year.
Based on the facts that you have given, it may be possible to have the father's rights terminated and proceed witht he adoption without his consent.
If you have questions regarding this matter, please do not hesitate to contact me.
Re: Child abondonment and adoption
You can file for adoption in the county of the residence of the child. You must give the father notice (i.e., proper legal notice as prescribed by law) at his last known address.
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