Birth father's rights?

[cb7462]

What is the name of your state (only U.S. law)? Georgia


My spouse and I have legal guardianship of a two year old boy. He is not biologically related to us. We are going to pursue adoption. However, we are unsure of the rights of the biological father. He was not married to the birthmother, on birth certificate but did not legitimize, paid no child support and has not offered to. He wants to be a part of the child's life, but has made very little effort towards anything other than a couple of visits. He is on a five year probation for 7 felony counts of drug possession, attempt to distribute, burgarly etc. He is currently clean and working. We have agreed to an open adoption, but how do we proceed in terminating his rights if he refuses to surrender them voluntarily? Do we need to simply inform him or actually have him sign over rights? What legal recourse does he have? Birthmother cannot be found. Extended family on either side have not expressed an interest in adopting.

Thanks
cb7462

[Silverplum]

He has rights simply by virtue of being one of the child's parents. He must sign over his rights. So must Mom. If you don't handle it properly, you could very well end up in a "Baby Jessica" situation.

Hire an attorney. This is not a do-it-yourself venture.

Originally Posted by cb7462

What is the name of your state (only U.S. law)? Georgia


My spouse and I have legal guardianship of a two year old boy. He is not biologically related to us. We are going to pursue adoption. However, we are unsure of the rights of the biological father. He was not married to the birthmother, on birth certificate but did not legitimize, paid no child support and has not offered to. He wants to be a part of the child's life, but has made very little effort towards anything other than a couple of visits. He is on a five year probation for 7 felony counts of drug possession, attempt to distribute, burgarly etc. He is currently clean and working. We have agreed to an open adoption, but how do we proceed in terminating his rights if he refuses to surrender them voluntarily? Do we need to simply inform him or actually have him sign over rights? What legal recourse does he have? Birthmother cannot be found. Extended family on either side have not expressed an interest in adopting.

Thanks
cb7462

[Zigner]

Originally Posted by cb7462

What is the name of your state (only U.S. law)? Georgia


My spouse and I have legal guardianship of a two year old boy. He is not biologically related to us. We are going to pursue adoption. However, we are unsure of the rights of the biological father. He was not married to the birthmother, on birth certificate but did not legitimize, paid no child support and has not offered to. He wants to be a part of the child's life, but has made very little effort towards anything other than a couple of visits. He is on a five year probation for 7 felony counts of drug possession, attempt to distribute, burgarly etc. He is currently clean and working. We have agreed to an open adoption, but how do we proceed in terminating his rights if he refuses to surrender them voluntarily? Do we need to simply inform him or actually have him sign over rights? What legal recourse does he have? Birthmother cannot be found. Extended family on either side have not expressed an interest in adopting.

Thanks
cb7462

You need an attorney. If the father wants his child, you will have an uphill battle. The father has the constitutional right to parent his child. Of course, the father has some steps to take too.

As for the child support...if it hasn't been court-ordered, then he's not required to pay it. Nor is he even required to offer.