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ADOPTION AND PARENTAL CONSENT

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Adoption is a life-changing process that requires careful legal steps, especially when it comes to parental rights.  In Georgia, the termination of parental rights is a crucial step before an adoption can be finalized. Understanding how and when parental rights are terminated, as well as when consent is required or can be bypassed, is essential for prospective adoptive parents.


Termination of Parental Rights in Georgia

Before an adoption can proceed, the legal rights of the biological parents must be terminated. This can happen in two ways:


  1. Voluntary Termination – A biological parent may willingly surrender their parental rights, typically in cases of private or agency adoptions. This must be done through a written, notarized, and court-approved document.  Once signed, this decision is generally irreversible unless fraud or coercion can be proven.

  2. Involuntary Termination – The court may terminate parental rights without the parent's consent if it is determined that the parent is unfit or that termination is in the child's best interests.  Grounds for involuntary termination include:


    Parental misconduct or inability to parent

    Abandonment

    Failure to provide support or maintain contact for a specified period

    The parent has murdered the other parent


The court must find clear and convincing evidence that terminating parental rights is necessary for the child's well-being.


When is Consent Not Needed?

In Georgia, consent from a biological or legal parent is generally required for an adoption to proceed.  However, there are exceptions where consent may not be needed:


  • When Parental Rights Have Been Terminated – If a parent's rights have been legally terminated (voluntarily or involuntarily), their consent is no longer required.

  • Abandonment or Failure to Support – If a parent has abandoned the child or failed to provide financial support or communication for at least one year, the court can waive the need for their consent.

  • Parent Is Incapacitated or Unable to Consent —If the court deems a parent incapacitated, their consent can be waived if the adoption is in the child's best interest. If a parent is deceased, consent is not needed.

  • Parent Cannot Be Found - If a parent cannot be found after a diligent search, the court can waive the need for their consent.

  • Father’s Rights in Certain Cases – In cases where the biological father has not legitimated the child, his consent may not be necessary for the adoption.


Final Thoughts

Understanding the legal aspects of adoption in Georgia, including the termination of parental rights and consent requirements, is critical for ensuring a smooth adoption process.  Because adoption laws are complex and vary based on circumstances, consulting with an experienced adoption attorney can provide clarity and guidance.


If you’re considering adoption in Georgia and need legal advice, contact The Law Office Of Felita Cornog (404/298-7373) to explore your options and navigate the legal process effectively.


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