What is the legal basis for your challenge of the adoption? :
Georgia Adoption Statute Summary
Georgia Code Annotated Sections 19-8-1 to 19-8-26 (1998)
Who Can Adopt?
Any adult person, including a foster parent, may adopt a child, if the person is at least 25 years old or is married and living with his or her spouse; is at least 10 years older than the child; has been a resident of the State for at least 6 months before filing to adopt; and is financially, physically, and
mentally able to have permanent custody of the child.
Married persons must adopt jointly, unless the person who wants to adopt is the stepparent, then that person can file to adopt alone.
Who Can Be Adopted?
Any person can be adopted.
Consent to Adoption
Consent must be given by
1. the Department of Human Resources or child-placing agency after the parents have surrendered their rights to the child or have had their parental rights terminated by court order;
2. both biological parents, when surrendering the child directly to a third party other than the Department or child-placing agency;
3. the child, if 14 years of age or older; and
4. both natural parents, if living, in the case of a stepparent adoption.
Adult persons may be adopted by giving written consent to the adoption.
A parent's consent is not required when the parent
1. has abandoned the child or cannot be found;
2. is incapacitated from giving up his/her rights to the child; or
3. has for a period of 1 year or longer failed to communicate with or provide support for the child and the mother during her pregnancy, and the court has decided that adoption is in the child's best interest as a familial bond was not formed between the biological father and the child.
If there is a biological father, who is not the legal father of the child, he may consent to the adoption if his whereabouts are known and he has not given up the child for adoption. He shall be notified that the mother has given up the child for adoption. He will be given 30 days to respond, otherwise his parental rights will be terminated and he cannot object to the adoption. If he asserts rights to the child, the court will assess those rights with respect to factors such as whether he has lived with, supported, or legitimated the child.
If the biological, nonlegal father's whereabouts are unknown, the adoption agency will file a petition with the court to terminate his rights and allow the adoption to occur. The court will make the decision about whether the adoption should occur, based on the circumstances, e.g., whether the biological father established a familial bond with the child and whether the Department made reasonable efforts to locate the father. The parent who has consented to the adoption may withdraw consent by written notice within 10 days after consenting.
Confidentiality
All records that relate to the adoption shall be kept sealed and locked. The parties at interest in the adoption may examine the records if the court finds there is good cause for them to do so. When certain information is medically necessary, the child-placing agency may petition the court to obtain access to the records.
Nonidentifying information can be released to an adoptive parent or an adoptee who is 21 years of age. An adoptee who is 21 years of age or older may receive identifying information about their biological family if the biological parent had given written permission.
If the biological parent did not give permission, the child-placing agency will make diligent efforts to notify the biological parent of the request. If the biological parent does not consent, then the information will not be released. If the agency is unable to find the parent, then the adoptee can petition the court to release identifying information, and the court will determine whether or not releasing the information will have an adverse impact on the child's physical, mental, or emotional health.
The Division of Family and Children Services Adoption Unit will maintain a registry for recording of requests by adoptees for the names of biological parents.
