On May 18, 2020, the Supreme Court of Georgia decided the Mathenia v. Brumbelow case, which involved a legitimization petition of a biological father and an attempt to block an adoption. Ultimately, the Supreme Court of Georgia denied the biological father’s legitimation petition, opining that the biological father abandoned his opportunity interest in the child, and thereby terminating his parental rights to the child. As a result, the adoptive parents are now free to continue the adoption proceedings, unencumbered by competing custody or visitation attempts from the biological father.
This is a significant case because adoptive parents that are seeking to adopt a child with a biological father are concerned about what happens if the biological father tries to file a petition to legitimate to block an adoption. This case provides additional clarification to the area of law dealing with the abandonment of an opportunity interest by the biological father.
For additional details and a summary of the case, continue reading below:
Facts of The Case:
In this case, Jeannie Mathenia became pregnant with a child, (herein after known as “E.M.”) in 2015 after a one-time sexual encounter with the biological father, Brumbelow. At the time of pregnancy, Jeannie was married to another man, and she remained married to this man after E.M. was born. Here, Brumbelow is considered the biological father while Jeannie’s husband is considered the legal father. Once Jeannie realized she was pregnant, she informed Brumbelow, who denied that the child was his. Later, he offered to pay for an abortion. Jeannie refused his offer, and Brumbelow had no further contact with Jeannie during her pregnancy. At E.M.’s birth, Jeannie surrendered her parental rights for the purpose of adoption to the Halls, and they took the child home, intending to proceed with adoption. On August 23, 2016, Brumbelow filed a legitimization petition, which, if successful, would effectively block the Halls’ adoption proceedings.
Supreme Court of Georgia’s Decision:
Ultimately, the Court denied his petition, ruling that Brumbelow had abandoned his “opportunity interest” in his child. An opportunity interest is the opportunity for the unwed father to pursue a relationship with his child in a relational as well as a biological sense, but this interest is considered abandoned if it is not pursued in a timely manner. When determining whether the opportunity interest has been abandoned, the Court will weigh factors such as the father’s inaction during pregnancy and at birth, a delay in filing a legitimation petition, and a lack of contact with the child. According to the Court, the opportunity interest begins at conception and may be pursued as soon as the father learns a child has been conceived.
While Brumbelow did file the legitimization petition in a timely manner, the Court found that the evidence supports the conclusion that he had abandoned his opportunity interest. The Court points out that Brumbelow’s lack of financial and emotional support during Jeannie’s pregnancy strongly indicates that he did not desire to pursue a relationship with the child. Moreover, the Court notes, his offer to pay for an abortion suggests that Brumbelow wanted no relationship at all with E.M. Additionally, Brumbelow’s one attempt to request visitation five months after the child was born is insufficient to establish that he still retains an opportunity interest. All the evidence is viewed with the understanding that Brumbelow had the ability to contact Jeannie throughout the pregnancy, that he possessed the means to financially support her, and that Jeannie did not block Brumbelow’s contact.
Conclusion
Because the petition is denied, Brumbelow’s parental rights have been terminated. The minor child is free for adoption and the Halls may now move forward with the adoption proceedings.
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. 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.
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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-August. 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 over 15 successful adoption hearings virtually during the Court's emergency order!
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