My child's biological father has been out of the picture since my child was almost 3 years old. My child is now almost 5 and still no child support, calls to check on him, etc. I am now married and my husband wants to adopt my child. If my child's biological father tries to fight the adoption, is there a good chance that he will gain any rights?

You could have grounds to terminate, has he ever been granted any rights? It is hard to argue he never exercised rights if he legally didn't have any. How long have you and your hubby been married? If he fights it, there is a possibility a judge will give him one more chance to get it right. However, my suggestion is to approach him about signing off on his rights. You can always use the I am going to file for child support card. A lot of piece of crap parents are happy to sign off if they think they'll have to pay

My husband and I have been married almost 2 years. My child has not been legitimized at all. I have approached the biological father about signing to allow my husband to adopt. He said he would but never showed at the lawyers office. He is very unpredictable.

Circumstances That Are Grounds for Termination of Parental Rights
?? 15-11-58; 15-11-94


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:

A medically verifiable deficiency of his or her physical, mental, or emotional health
Excessive or chronic use of alcohol or controlled substances
A conviction and incarceration for a felony

The parent has physically, mentally, or emotionally neglected the child, or there has been past neglect of the child or another child.
The parent?s conduct or neglect has resulted in serious physical injury to the child or in the injury or death of a sibling.
The parent has subjected the child to egregious conduct, or there has been past egregious conduct toward the child or another child, of a physically, emotionally, or sexually cruel or abusive nature.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:

Murder or voluntary manslaughter of another child of the parent or the child?s other parent
Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of another child of the parent or the child?s other parent
A felony assault that results in serious bodily injury to the child or another child of the parent

The parent has failed to comply with a court order to support the child for a period of 12 months or longer.
The parent has failed to develop and maintain a parental bond with the child in a meaningful, supportive manner.
The child has been in foster care for 15 of the most recent 22 months.
Parental rights to another child of the parent have been involuntarily terminated.


Who Must Consent to an Adoption
Citation: ? 19-8-4(a)

Any living parent or guardian must voluntarily and in writing surrender all rights to the child to the department or child-placing agency.


Age When Consent of Adoptee is Considered or Required
Citation: ? 19-8-4(b)

A child 14 years of age or older must consent in the presence of the court.


When Parental Consent is not Needed
Citation: ? 19-8-10

The child has been abandoned and the parent cannot be found after a diligent search.
The parent is insane or otherwise incapacitated.
The parent has failed to exercise proper parental care.


When Consent Can Be Executed
Citation: ? 19-8-5

Consent may be executed any time after the birth of the child


How Consent Must Be Executed
Citation: ?? 19-8-4; 19-8-5

In an agency adoption, consent may be executed before a notary and representative of the agency or the department.
In a direct placement, consent may be executed before a notary.


Revocation of Consent
Citation: ? 19-8-9(b)

The parent may withdraw consent within 10 days.
The surrender document is not valid unless it states the right of withdrawal.
Although not expressly stated in statute, consent may be invalid if executed under fraud, duress, or incapacity.


Jurisdiction
Citation: ? 19-8-2(a)

The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts.


Venue
Citation: ? 19-8-2(b)

All petitions under this chapter shall be filed in the county where the petitioner resides.
Upon good cause shown, the petition may also be filed in:

The county where the child resides or any child-placing agency having custody is located; or
Any county adjacent to the United States Army post or military reservation, for any person resident in the State for 6 months preceding the filing.


Does State have a Putative Father Registry: Yes

Registry/Paternity Requirements to Receive Notice
Citation: ?? 19-11-9(d)(2); 15-11-96

The putative father may acknowledge paternity before or after the birth of the child in a signed writing, or indicate the possibility of paternity without acknowledging paternity.
The putative father must file a petition to legitimate the child within 30 days of receipt of notice of termination proceedings.
Notice of termination proceeding is given if:
[LIST]
The putative father's identity is known to the petitioner or attorney.
Any of the following is true of the putative father: he is on the putative father registry, he lived with the child, he made any attempt to legitimate the child, or he provided support or medical care for the child's mother.



Information Contained in Registry/Claim
Citation: ? 19-11-9(d)(1)

Name, address, and social security number of the biological, but not legal, father
Date of registration


Revocation of Claim to Paternity
Citation: ?? 19-11-9(d)(4); 19-7-46.1

A voluntary acknowledgment of paternity may be rescinded:

Prior to the date of any support order or other adjudication
60 days from the date of signing the acknowledgment
After the 60-day rescission period, the acknowledgment may be challenged in court only on the basis of fraud, duress, or material mistake of fact.


Access to Information Maintained in Registry
Citation: ? 19-11-9(e)

Governmental department, bureau, board, commission, agency, or political subdivision of any State
The department
Licensed child-placing agency
Member of the Georgia Bar



Who May Adopt
Citation: Ann. Code ? 19-8-3
Any adult person, including a foster parent, may adopt a child when he or she meets all of the following criteria:

Is at least 25 years old or married and living with his or her spouse
Is at least 10 years older than the child
Has been a resident at least 6 months
Is financially, physically, and mentally able to have permanent custody of the child
Married persons must file a joint petition.


Who May Be Adopted
Citation: Ann. Code ?? 19-8-3; 19-8-21
The following persons may be adopted:

Any child
An adult who gives written consent


Who May Place a Child for Adoption
Citation: Ann. Code ?? 19-8-4; 19-8-5; 19-8-7

A child may be adopted through the department or any child-placing agency only if each such parent and each such guardian:

Has voluntarily and in writing surrendered all of his rights to the child to the department or to a child-placing agency and the department or agency thereafter consents to the adoption
Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption

Any living parent or guardian may relinquish his or her child for adoption by:

A relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, or great uncle
A third party who is neither the stepparent nor relative of that child