Notifying the Legal Father of an Adoption

In order to successfully provide notice of the adoption to the father, you must know whether the father of the child is the biological father or the legal father. Since the legal requirements for providing notice to a biological father is different than providing notice to a legal father, it is crucial to know the difference. 
 
A biological father is defined as a male who impregnated the biological mother resulting in the birth of the child. A legal father refers to a male who either: (a) has legally adopted the child; (b) was married to the biological mother of the child after the birth or gestation period; (c) married the legal mother of the child after the child was born and recognized the child as his own; or (d) has legitimized the child.
 
Service Perfected On The Legal Father
Let’s focus our attention on specifically providing notice to the legal father.  The legal father is entitled to notification of the adoption proceeding involving his children. The Georgia adoption code requires the legal father to be personally served with a conformed copy of the adoption petition, together with a copy of the court’s order setting a date to terminate his parental rights.  Yes, this does mean that the legal father will receive a conformed copy of the adoption petition, the adoption case number, judge assigned to the adoption and the hearing date. 
 
Notice must be given to the legal father by personal service.  Only if he can’t be personally served can service be perfected with registered mail with return receipt requested, or statutory overnight delivery to the father’s last known address. If none of these methods are successful, then notice shall be given by publishing once a week for three weeks in the official legal organ of the county where the adoption petition is filed, as well as, in the county of the father’s last known address. Notice will be deemed complete on the earliest date when personal service is perfected, delivery is confirmed on the return receipt, proof of delivery is shown by statutory overnight delivery, or the last publication in the legal organs. 
 
Response Of A Legal Father
Once notified, the legal father has the right to appear in the pending adoption proceeding and show cause why his parental rights of the child should not be terminated by the adoption. As one can imagine, when a legal father is personally served with a copy of the adoption petition with the hearing date, the tone of the case intensifies immediately.  Prudently, one should prepare for the high probability that the legal father will show up to the hearing date.  The legal father’s appearance at the hearing immediately changes your matter to a contested adoption.  If the legal father successfully shows that his parental rights should not be terminated, then the adoption is blocked. If he fails to show sufficient cause, then his parental rights are terminated and the adoption proceeds. 
 
Hopefully, it is evident how important it is to know whether the father of the child that you seek to adopt is a legal father before you commence the adoption process. If you have questions about an adoption, contact The Campbell Law Practice, LLC at (404) 981-5257 or via email at information@campbelllawpractice.com and schedule a consultation to speak with an experienced adoption attorney. 

Phone: 404.981.5257 Fax: 404.410.6923

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