I have a 8 year old son. My husband would like to adopt him. My problem is, I'm not sure what to do. My son's father left when my son was 18 months old... he made a few feeble attempts to see him till he was 2. Then he moved out of the state. I have not seen, heard from or received support from him in 6 years. We were never married but my son has his father's last name and his father is on the BC.

I have no idea where he is. He may be in 1 of 2 states that I know he has/had family in.. but I'm just not sure. The last place I know for sure where he lived was here in GA because I don't know where he moved to.

So my question would be... is this something I can file for pro se'? If so, what papers would I need to file? Do I need to an announcement in a newspaper or can I just file? How difficult of a process is this going to be?

Thanks in advance for your advice. Let me know if you need more information.

In all stepparent adoptions, the child's other birth parent will need to consent to the adoption because he or she is the other legally recognized parent. If the other birth parent refuses to consent, the adoption will not be allowed unless his parental rights are terminated .

It is recommended that you make a diligent effort to obtain the written consent of the absent parent when doing a stepparent adoption. If you are unable to get the consent, either because the whereabouts of the other parent is unknown, or the other parent is disinterested, then that parents consent is not required, pursuant to In Georgia, the absent parent has given implied consent to adoption or relinquishment pursuant to Code Section 19-8-13, as long as one of the following grounds have been met.

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The absent parent has abandoned the child, failing to communicate or make a bona fide attempt to communicate with the child in a meaningful and parental manner, for a period of at least one (1) year.
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The absent parent has failed to support the child as required by law or court order, and the court is of the option that the adoption in or the best interest of the child.


Serving the absent parent.
Whereabouts of the other parent is UNKNOWN: If you are unable to locate the absent parent after a diligent search then you can serve the parent by publication. This means that a notice is published in a local legal publication. Typically once a week for 4 weeks.Upon the filing of the Affidavit the clerk shall direct that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed.

In Georgia, after 12 consecutive months of no contact and support, you can petition the court to allow a step parent adoption without the consent of the bio parent.

I understand that in normal circumstances, that would be ideal. However, I have no idea where he is.

You aren't listening to what GV is telling you. GA law REQUIRES that you make a "diligent search" for the absent parent. You may have to hire a PI contact family members, mutual friends etc. to show you have made a "diligent search". If that search fails, you can publish a notice in a local newspaper. If he still doesn't contact you , THEN the adoption may be approved.

In other words, this is not something you can do "pro se". You NEED an attorney to prepare the adoption petition and make sure the law is complied with in trying to locate the father.