If you and your current husband have been married for a significant time, you may wonder if your husband can legally adopt your child. Maybe he helped you raise the child, and you and your child consider him your child’s “father.” While legally adopting your child may be what you all want, Georgia law may say otherwise. In Georgia, biological fathers have certain rights, no matter the situation.

It does not matter if you were ever married to the birth father. The birth father or the courts must legally terminate their rights before an adoption can proceed. Depending on the circumstances, termination of parental rights could be voluntary or involuntary.

A birth father could refuse to terminate his parental rights because he wants to remain in his child’s life or make that decision out of spite or pride. Regardless, there are only a few situations where a court will terminate the birth father’s rights without his consent, including:

• The birth father abandoned the child
• It has not been possible to find the birth father, despite a good-faith, diligent search
• The birth father is incapacitated or insane, therefore, cannot legally terminate his rights
• The birth father has made no attempt to communicate with the child for a year or longer before filing the adoption petition, and there is no cause for these actions.
• The birth father has made no attempt to financially provide for the child as required under Georgia law for a year or longer prior to filing the adoption petition.

Remember that even if the birth father has not been present and has not financially supported the child, judges simply do not like to terminate parental rights without the father’s consent. As such, the courts scrutinize each legal adoption case individually.

If the child’s mother either does not know the child’s biological father or has no idea where he is currently living, then the court may determine the adoption can proceed with no consent.

Adoption with the Biological Father’s Consent

In some cases, the biological father may recognize that adoption is the best thing for the child. The birth father may not be able to support the child financially. Or he may be dealing with a drug or alcohol issue and believes consenting to the adoption gives him the best chance for a future relationship. If the biological father is amenable to the idea of adoption, then the process will go much more smoothly than if he is contesting the adoption.

How Does the Process of Adoption by a Stepparent Work?

Stepparent adoption is the most common form of adoption, taking financial and legal responsibility away from the birth father and giving them to the stepfather. But how does the process work?

1. Your husband decides to adopt your child legally.
2. The biological father consents to this adoption, or the courts terminate his parental rights without his consent.
3. The stepfather must apply or petition to adopt the child, but only if the custodial parent agrees to the adoption.
4. The courts only require the custodial parent’s consent if the biological father is no longer living.
5. The court may require a home visit by a social worker to determine that the adoption is in the child’s best interests.
6. Both you and your husband will need to attend court hearings during this time and ensure that you file the appropriate paperwork on time.
7. In the end, the judge will decide whether the adoption will go through, assuming the birth father’s rights have been successfully terminated.

An experienced Georgia family law attorney is the key to a successful stepparent adoption. If the birth father has come in and out of the child’s life through the years but has never supported or cared for the child in any meaningful, consistent manner, this might present some complications to the adoption process.

Contact Our Atlanta Stepparent Adoption Attorneys

If you have questions about stepparent adoption, terminating parental rights, or any family law issue, we can help.

At Hobson & Hobson, P.C., our family law attorneys work quickly to guide you through the stepparent adoption process. We can help you file the paperwork, attend hearings, and ensure the legal process goes smoothly. Call us immediately to learn more. Our attorneys can meet with you to discuss these issues and guide you through what comes next.

Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.