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Ok, my ex voluntarily relinquished his rights to both children in return for no more child support in a tx court last week. Now my husband of 3 years would like to adopt in georgia. Any ideas on what to do next. Would like to do it as much ourselves as possible. We've spent over $40,000 battling in tx courts to get this far. Thanks
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I think every state is different. In NY I have to adopt along with my husband even though I am her natural mother and my husband is technically her step-father. For us there is a homestudy, fingerprinting, paperwork (everywhere we have lived since we were born), we have to pass all of these things before WE are allowed to adopt our dd. My ex had to sign documents terminating his parental rights and there was a 60 day waiting period. We are still waiting for a finalization court date. Hopefully soon. All of this will cost us about $2000. We are using an attorney and he is very reasonably priced. I think when the birth parents sign away their rights it is an easy process. From what I understand your state may not have all of those requirements-as NY is one of the most stringent states. I would think you would have to contact and attorney, see what is needed in your state. YOu could also contact family court and ask them, however, I did this and was not given all the information needed. I really feel you may need an attorney to advise you on what you need to do. Hope it goes smoothly for you!L
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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, andmentally 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 AdoptionConsent must be given by1.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. ConfidentialityAll 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. Permissible FeesThe adoptive parent must file with the court a report of all disbursements in connection with the adoption. Every attorney must file a report of all sums paid or promised to the attorney for all services rendered in connection with the adoption. The adoptive parents may also be required to reimburse the child-placing agency for the cost of the preadoption report and criminal background check, not to exceed $250. Place of Adoption HearingThe adoption hearing shall take place in the court of the county where the adoptive parent resides, unless there is good cause shown that the hearing should take place in the county where the adoptee or the adoption agency having legal custody of the child is located. Authority To Place ChildThe Department of Human Resources or a licensed child-placing agency has the authority to place the child. Relative AdoptionA child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child, only if each living parent and each guardian has voluntarily and in writing given that relative the rights to the child so that he or she can adopt the child. The adoptee who is 14 years of age or older also must consent. The same restrictions regarding withdrawal of consent under nonrelative adoptions apply. Putative Father Registry Putative fathers who have notified the registry are entitled to notice of adoption proceedings. AdvertisementsOnly a child-placing agency licensed by the Department may advertise that it will adopt children or arrange for children to be adopted. Furthermore, only these agencies may provide financial assistance (beyond that which is medically related to the pregnancy or birth) to a parent giving up a child. Updated March 19, 1999National Adoption Information Clearinghouse