Legal Question in Family Law in Georgia

Termination of parental rights- no acknowledement signed

My husband wishes to adopt my daughter. The biological father never signed an Acknowledgement of paternity. What I want to know is, if he never signed one, then why do I have to get him to sign a Termination of Parental Rights? My daughter is 6 (six) years old and she doesn't know who he is. I personally haven't spoken with him in over 4 years. He has never paid child support and does not visit. I have contacted two attorneys, and they both have not answered that particular question. Thank you for you help and avice in advance.


Asked on 10/08/01, 7:29 am

2 Answers from Attorneys

John A. Giffen Law Offices of John A. Giffen

Re: Termination of parental rights- no acknowledement signed

Im sorry but you have been given the wrong advice. If the father is not on the birth certificate and is not under order for child support then he is an alleged father and you do not need to get his consent. You simply have to give him notice of your intent to adopt and give him 30 days to file a paternity action. You then request the court dispense with his consent. If you do not know where he is to serve him with notice you do not have to publish in the paper. You must do a diligent search to try and locate him and then request the court dispense with notice because you cannot find him. even if he is found and tries to establish parentage he would be terminated by the courts because of his failure to take responsibility for the child. Please email me if you have further questions

John A. Giffen

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Answered on 11/22/01, 2:11 pm
Michael Gray Barber & Gray, LLP

Re: Termination of parental rights- no acknowledement signed

He has to sign off on the child because he is their father. . .even if he is a bad one.

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Answered on 11/21/01, 3:49 pm


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