Adoption in Georgia occurs when an adult legally and permanently acquires parental responsibilities for a child from their biological or legal guardians. The adoptive party treats the child as a family member, catering to medical, educational, and religious needs. An adopted child can also inherit property from their new parents, similar to a natural offspring.
Georgia has strict laws governing adoption to protect the best interests of the child and the parents. The rules outline who may arrange an adoption, the requirements to adopt a child, and a contract agreement. Understanding the rules can be quite challenging, and family lawyer Shawna Woods of the Atlanta Divorce Law Group can help. If you are contemplating an adoption in Georgia, here are some vital things to understand.
Terminating Parental Rights
An adoption process involves terminating the parental rights of the mother and father and conferring the rights on the new parents, preventing the biological parents from exercising authority over their offspring later on. This step is essential to ensuring everything else pans out smoothly.
In cases where the biological parents agree, the adoption process can happen smoothly by signing a legal document and filing it with the court. However, at times, the termination of the biological parents’ rights can be contested. If that happens, the family law court can decide the case.
To win an adoption case, the adoptive parents must present evidence proving the biological parents are unfit to raise their child. Given the complexities of adoption cases, hiring an experienced Georgia family law attorney is crucial. The lawyer will gather adequate evidence proving a lack of interest in the child’s wellbeing by the birth parents. At this time, lawyers are really helpful. They can help you navigate the legal process, as well as the paperwork, which itself can be quite an ordeal.
Open vs. Closed Adoption
Going through the adoption phase, you will bump into phrases like “open” and “closed” adoption quite often. In an open adoption scenario, the adoptive parents roll out the welcome mat for some level of interaction between the child and their biological parents. On the other hand, closed adoption is more like a no-entry zone – it keeps any contact with the birth parents firmly off-limits.
It is up to the adoptive parents to set these boundaries. They decide if they want an open or closed arrangement, often figuring this out well in advance during arrangements through private agencies – this is particularly common with infants.
In many places, including states like Georgia, there is a noticeable lean towards open adoptions. That said, there are instances where a closed adoption might just be what is best. A perfect example is when there has been abuse or neglect from biological parents, and keeping distance is key to safeguarding the child.
Adoption Involving a Step-Parent
In marriages that involve more than two parents, adoption is usually a complex topic. This is particularly common in relationships where one spouse has children from a previous marriage. When they remarry, their new spouse has to look after the kids as if they were theirs.
Unfortunately, family law distinguishes the rights of a stepparent from those of a biological parent. That is where stepparent adoption comes in. In a legal arrangement, the stepparent becomes an adoptive parent, assuming all the responsibilities of a birth parent.
Stepparent adoption gives one the authority to make decisions on behalf of the child. Moreover, it bars the birth parent from the previous relationship from interfering with the growth of the child, especially if they have been showing neglect for years.
Conclusion
Adoption grants an adult the powers to look after a child on behalf of the birth parents. This process is complex as it requires both parents to understand family laws in Georgia. Fortunately, with the assistance of a lawyer, each party can ensure that the process occurs smoothly while protecting everyone’s interests.
