Legal Question in Family Law in Georgia
Surrendering of Parental Rights
I am currently married to a man and have been married to him for almost a year and together for 2. I have a2 year old daughter that he has raised from 3 months old and wishes to have his last name. The biological father never claimed the baby, denied her, and his name is nowhere on the birth certificate, and she was not legitamized. He refuses to sign anything about parental rights because then he4 would have to admit she was his. There has been no paternity testing or legitimization. What do we need to do to get our daughter my husbands last name and all rights?
2 Answers from Attorneys
Re: Surrendering of Parental Rights
Your husband can file a step-parent adoption petition. If the biological father has failed to support or communicate with the child for over 12 months, then the court is allowed to terminate the biological father's rights and substitute your husband as your child's father.
I have a lot information on this topic on my blogs at http://www.gaadoptionlaw.com/stepparent_adoption/index.html and http://www.gafamilylawblog.com/adoption/index.html.
If we can help, please call.
Re: Surrendering of Parental Rights
That is done via a step parent adoption. My office is expert in these, so if you're anywhere near metro Atlanta, call me. The complexity depends on whether you have the father's cooperation, but it can be done against his will too.
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