In a Georgia adoption, it is very important to understand the difference between a biological father and a legal father. A biological father is defined as a male who impregnated the biological mother resulting in the birth of the child. In contrast, a legal father is defined as a male who has either adopted the child legally, was married to the biological mother of the child at the time of gestation and childbirth, or has legitimated the child with the help of the courts. It is critical to know whether the father of your child is a biological or legal father before you commence the adoption process.
Any man who has engaged in a non marital sexual relationship with a woman is deemed to be on notice of any resulting pregnancy or adoption proceedings, and has rights in connection with the child, provided his identity is known by an adoption petitioner, agency, attorney or if he has registered on a putative father registry. In Georgia, the putative father registry is a statewide service that lists the names of men who may be the biological father of a child. Even if paternity has not yet been established, it is essential that any man who believes he is the biological father of a child register with the putative father registry in order to preserve parental rights.
Georgia’s putative father registry lists the name, address and social security numbers of men who have either: (1) acknowledged that they are the father of a child in a signed document called the Acknowledgement of Paternity; or (2) registered themselves with the putative father registry to indicate that they may be the father of a child. The form to enroll on the putative father registry can be picked up at the county Vital Records Registrar’s Office, Health Department, or Probate Court. The form may also be obtained online from the Department of Human Services, Division of Vital Records.
Notice To A Biological Father
If the biological father’s identity is known or he has registered on the putative father registry, he is entitled to notification of any adoption proceedings involving the biological child. The notice to a biological father that is not a legal father, shall advise the father that he loses all rights to child and he will not receive notice or be entitled to object to the adoption unless he files a petition to legitimate within thirty days of receipt of the notice.
Notice must be given either certified mail return receipt requested, or statutory overnight delivery to the last known address, personal service, or publication each week for three weeks in the legal organ in the county where the petition for adoption has been filed and the county of the biological father’s last known address. If the biological father is not known or cannot be found on any putative child registry, there is a rebuttable presumption that an unnamed biological father is not entitled to notice of the proceedings.
The Response Of A Biological Father
If the biological father is known and notified, then he has the right to file a petition to legitimate as a separate civil action with the court in which the adoption action is pending. Also, he must provide notice of the filing of the petition to legitimate to the person, attorney or agency that provided such notice. The biological father will lose all rights to the child, notice of the adoption and objection rights if he does not file a petition to legitimate. Similarly, if the court dismisses the biological father’s legitimation petition, or the court does not grant an order declaring the biological father the legal father as a result of the filed legitimation action, he will lose all rights to the child. However, if the child is successfully legitimated by the biological father, then the adoption shall not be granted.
If you are unsure of whether the father of the child that you desire to adopt is a biological father or a legal father, it is critical before you commence the adoption to contact an experienced adoption attorney.
Also, if you are a father and you desire legal counsel to protect your rights to your child, 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.
The Campbell Law Practice, LLC’s Statement Regarding COVID-19
Although the state is slowly opening back up, the courts are still operating under an emergency order until at least mid-June. However, The Campbell Law Practice, LLC remains open and available to handle your adoption case. Our team is still working and the office phones will continue to be answered during normal business hours. While we are working remotely, rest assured that your case will not just be sitting in a pile for several weeks. In fact, The Campbell Law Practice has completed several successful adoption hearings via Zoom conferencing!
We are also still accepting your referrals! New consultations may be scheduled using Zoom conferencing or telephone consultations. Please, do not let COVID-19 come before your family’s best interest or security. One of the greatest gifts that you can give a child is a family. Contact The Campbell Law Practice, LLC at (404) 981-5257 and schedule your initial consultation.