Legal Question in Family Law in Georgia
Grandparent rights
My sister passed away 5 days after giving birth to twins. The twins were concieved through invetro-fertilization, using a donor's sperm. My brother-in-law remarried 10 months after her death and is keeping the twins. However, immediately following my sister's death, my mother was caring for the twins during the day and night with only a little help at night from my brother-in-law. Since he is not the biological father of the twins and my mother was the provider for the them, do my parents have any legal rights to the custody of these children?
2 Answers from Attorneys
Grandparent's Rights
Because the baby was born to your sister while she was married, her husband is the "legal father." Further, if he formally adopted the baby, then not only is he the father, but his name is also on the birth certificate as the father. Even though your mother supported the baby, untill your bro-in-law formally surrenders his parental rights, or until the Court terminates his parental rights, then he has all rights to the child, and unfortunately, your mother does not even have visitation rights (GA has no forced grandparent visitation.)
John
Grandparent Rights
I agree with much of the previous reply. I write to point out that there is a new grabdparent visitation statute but grandparents can only intervene in a previously pending custody dispute and have to right to file a separatre action.
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