[savstepdad]

I am a resident of Georgia and I'm about to get married to a wonderful women that has an amazing son. The biological father wanted nothing to do with the child even before birth. There is no name as a father on the birth cirtificate. The biological father has never seen her son and the biological father wants nothing to do with him. I just want to know if we will still need to serve the biological father and get his signature so that I can adopt him.

[saj]

I don't know the answer to that, but I would kinda think yes! Just to CYA. I really just wanted to respond to say that I think that it's a really great thing that you are doing and wish you the best of luck.

[BrandyHagz]

Yes, just because he isn't listed on the certificate doesn't mean he doesn't have rights. Also, just because he doesn't want anything to do with the child, doesn't mean he doesn't have responsibilities.

Doing it any via any other process other than the legal process of terminating his rights then adoption could create legal issues for your situation.

All 50 states require the termination of parental rights, even in cases where there is no one listed and/or the father is 'unknown' in order to complete an adoption.

[BrandyHagz]

I do want to point out, specific Georgia law:

When Parental Consent is not Needed

Citation: Ann. Code § 19-8-10

Surrender or termination of rights of a parent shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent when the court determines by clear and convincing evidence that the parent:

* Has abandoned the child
* Cannot be found after a diligent search has been made
* Is insane or otherwise incapacitated from surrendering such rights
* Has failed to exercise proper parental care or control due to misconduct or inability

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If you elect to use one of the methods above in order to proceed without consent, you will need to use whatevre method is outlined in the law and/or by the county in order to 'prove' it. You can't just say "He's never seen the child" - there has to be some proof to it - in addition, you will need to find out what constitutes 'abandonment' - it's different in every state/county.

====

Georgia also has a Putative Fathers Registry - although, I rarely hear of that being used in cases of Step Parent Adoptions. Most often, the registry is used in cases of domestic infant adoption.

You also need to find out what is required in terms of a home study. Some states require the adopting parent, even though the child is already living in the home with him or her, to complete a full background check and home study.

In many instances, a step parent adoption can be completed Pro Se by collecting the documents needed to file in your county and filing them yourself. However, no one in the county office is going to likely help you (due to legal ramifications) so if you aren't 1000% sure you can do this, it might be a good idea to hire an attorney to complete the process.

In Arizona, a homestudy is required, as is a full background check. We retained an attorney for our interest as well as an attorney who would represent the interest of the birth father. The total cost was around $3500, but keep in mind - the vast majority of that expense covered the homestudy (the most expensive portion of our expenses) the attorney's were a under $500 each and filing the case was under $100.

Good luck.

[jreednwacc]

Im trying to figure out the law and prices in Arkansas for my husband to adopt my daughter. I have recently had contact with the bialogical father after six years of contact and all he had to say was that he was doing good and not working so he didnt have to pay child support and to have a good life. I dont want hem to haveing anything to do with hem and nither does she. I knw that Arkansas law says that if a child is born out of marriage then a paternety test has to be done then he gets a clean slat and all rights. The past doesnt matter And quit frankly I dont trust hem to be alone with her Im afraid he will take of with her and Id never see her again. I dont want his money. Not that he has any. What would you recomind for us in this situation?
Thank you
jessica