Legal Question in Family Law in Georgia

We have received permanent custody of our 7 month old that we have had since day one. We are wanting to adopt her and know we have to terminate the birth mothers rights to do so. However the biological father has not been legitimized and the parents are not married. Since he does not have any rights and has never paid child support do we have to terminate his rights as well?


Asked on 2/23/18, 2:20 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You don't say who you are or how you got custody. Absent consent by one or both parents, or the approval of the state, no one can adopt a child.

Although a non-legitimated father has no custody rights, the law requires that he be served (or consent) to an adoption. His potential rights can be terminated for failure to support or see the child (usually for at least 1 year, so you may be premature asking about a 7 month old). His failure to legitimate can be a factor, but he can very possibly defeat an adoption by filing a legitimization and paying support.

Adoptions are impossible without an attorney and as a general rule terminations are done during the adoption process. If you are seeking to adopt, meet with an adoption attorney. Nothing in your post gives any information that qualifies you to adopt, and merely having custody is not always a precursor to adoption. It is extremely difficult to terminate a mother, and unless you have the state's cooperation (such as a DFCS case) that is probably not likely as to a 7 month old. Note that where DFCS gets involved, people on their adoption list have priority over most other people.

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Answered on 2/23/18, 2:28 pm


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