Legal Question in Family Law in Georgia

StepFather to Adopt Son who Biological Father Abandoned

I had a son out of wedlock. His Biological father has never seen him, did not legitimate him and has no parental rights. Bio father knew I was pregnant with his son. Bio father sent to prison when I was 9 mnths pregnant and was released when my son was 2&1/2 yrs old. My son is now almost 4. Haven't heard from bio father. I'm getting married and my husband to be would like to adopt my son. Do we have to notify or get consent from the biological father? We are in Gwinnett County GA.


Asked on 10/13/00, 4:14 pm

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: StepFather to Adopt Son who Biological Father Abandoned

After you are married, your husband can petition to adopt the child in a stepparent adoption proceeding. The biological father does have to be notified of the proceedings or consent to the adoption, but if the biological father has not communicated with your child or provided financial support for the child in over one year, his rights can be terminated by the Superior Court in the adoption proceeding. I strongly urge you to hire an attorney to handle these matters for you to be certain that the bio father's rights are fully and properly terminated.

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Answered on 11/06/00, 8:11 am


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