Hi there. I have an 11 year old son who has not had any contact w/ his bio dad since age 3. I was never married, there was never a court order for child support, never any financial assistance given; however, his name is on the birth certificate.

I have managed to track down the bio-dad and have spoke w/ him several times about my husband adopting my son. We've been married 7 years and my husband treats him as his own. The bio-dad has said he will sign the papers, but has been a no-show 3 times. This is very typical of his behavior in the past.

WHAT can I do? I have all the paperwork completed, but don't have a clue what to do w/ it now that he won't sign it.

I would greatly appreciate any help or information that anyone can offer. I heard that I should go and file child abandonment on him, but that seems kinda silly because I could care less that he's out of the picture.

Thank you!!

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.



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:
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




I know at least for myself, paying an attorney is difficult but where you are dealing with a parent who is uncooperative, it is really the only way to go. In fact, in most states, an attorney is required for an adoption. Try to get one if at all possible. It looks as if his failing to provide support or actually "acting like a father" to your child may make him fall under the category of one who needs not consent. For this though, you may need proof. An attorney can help you with this.

Good luck.

OSM

Hi. Thanks for this info; however I found this info on another site as well. I guess I was looking for some laymans terms on how to go about terminating rights and it really seems like it's virtually impossible to do this w/out an attorney. That just doesn't seem fair. Although we don't have $2K right now, my husband really wants to adopt. It is certainly in my son's best interest!

My advice? Start a child support case. He'll sign quickly.

Adoption should not be done without a lawyer.

I'm not sure about starting a child support case. That may promp the BF to say, well if I have to pay child support then I want to visit. That's a crapshoot at best. (might splatter back at ya) Now if there had always been a child support order and he owed arrearage or Georgia is one of the states that would make it retroactive to birth that tactic might work. You just never know but it could blow up in your face.

Have you contacted your local Bar Association to see if there are any free or reduced legal assistance in your area?

file to terminate his rights based on abandonment. Check for low cost atty's. Chances are he will either no show and you will get a default judgement or he will not want to pay an atty and sign

I would file a step parent adoption process through the courts. And if he does not show sometimes they will automatically terminate his rights. I've been through the process started 02/17/07 and is final on 08/06/07.

I'm not sure about starting a child support case. That may promp the BF to say, well if I have to pay child support then I want to visit. That's a crapshoot at best. (might splatter back at ya) Now if there had always been a child support order and he owed arrearage or Georgia is one of the states that would make it retroactive to birth that tactic might work. You just never know but it could blow up in your face.

Have you contacted your local Bar Association to see if there are any free or reduced legal assistance in your area?

I didn't realize that there was a response, sorry. I understand what you're saying, but, solely based on what was written, I don't see what you're describing happening.