The father of my unborn child has decided he wants nothing to do with the kid. It's not a good situation however it was a mishap and I am now back with my boyfriend who cannot have children. We are looking to make a family ourselves and leave this man completely out of it. I need to know what documents I need to have to him sign stating that he is giving up his rights. I don't want to go through the hassle of an attorney because he is not trying to fight me on this issue thus far. However I do not want this to become an issue in the future. Also, as for my boyfriend who is going to sign the birth certificate does this automatically give him rights? The child will also have his last name not that that makes a difference... Help I live in Georgia and this is very important to me!

The documentation you need cannot necessarily be purchased to fill in and the father sign. You need an attorney to do this for you, if it is to be done properly.

The parent would need to file a petition for the voluntary termination of parental rights (TPR) in the state court that has jurisdiction. You are not doing this to fight him, this procedure is standard if the birth father does not want to recognize his child. This also ensures that he cannot do this at some future time.

After filing the petition a hearing date would be set and the judge would listen to the reasons for the request and allow any interested party to contest the action. This has to take its due course in order for the child to be ready for adoption if you wish to marry your partner.

No, signing the because does not give your b/f any rights and as far as the last name is concerned, if not married to him, would not be a legal change. This is your b/f and you you do not have his last name. For the time being the baby's last name is your own until adoption takes place should, as I said, you marry your b/f

Tick

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Originally Posted by Mothertobe2

The father of my unborn child has decided he wants nothing to do with the kid. It's not a good situation however it was a mishap and I am now back with my boyfriend who cannot have children. We are looking to make a family ourselves and leave this man completly out of it. I need to know what documents I need to have to him sign stating that he is giving up his rights. I don't want to go through the hassle of an attorney because he is not trying to fight me on this issue thus far. However I do not want this to become an issue in the future. Also, as for my boyfriend who is going to sign the birth certificate does this automatically give him rights? The child will also have his last name not that that makes a difference... Help I live in Georgia and this is very important to me!

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There is a sticky at the top of the Family Law forum regarding signing away rights. You can read it here:
https://www.askmehelpdesk.com/family...st-116098.html

The courts will be hesitant to allow your boyfriend to adopt the child because there is no stability involved - you are dating, not married. There is nothing stopping him from walking away from this child, just as the father is doing at this point in time.

Also, you can get into trouble for having your boyfriend fraudulently sign the birth certificate when you are all aware that he is not the biological father of the child. I strongly advise against doing this because if the biological father suddenly wants to be involved and files in court for visitation and custodial rights, you're going to have bigger problems.0

You do not need an attorney to do this. You can try to have him sign away his rights but it's up to the courts - they will rule in what they feel is the child's best interest.

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Originally Posted by Mothertobe2

I need to know what documents I need to have to him sign stating that he is giving up his rights. I don't want to go through the hassle of an attorney because he is not trying to fight me on this issue thus far.

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Only a court can terminate parental rights. So you would have to submit a petition in Family court for the rights to be terminated. However, the court will not grant a TPR expect to clear the way for an adoption. Therefore, you have to do this as part of one process. And it would be better to have an attorney prepare the adoption proceedings.

I believe GA requires that you be married for a year before it will approve a step parent adoption.

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Originally Posted by Mothertobe2

However I do not want this to become an issue in the future. Also, as for my boyfriend who is going to sign the birth certificate does this automatically give him rights? The child will also have his last name not that that makes a difference... Help I live in Georgia and this is very important to me!

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As noted, for your boyfriend to claim to be the father would be falsifying a legal document. You CAN give the child his last name if you want, but when he adopts a new birth certificate will be issued.

And please remember that your unborn child has a RIGHT to know that he is adopted, if for no other reason than medical history.

It WILL come out at some point--best to be honest from the start.

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Originally Posted by Synnen

And please remember that your unborn child has a RIGHT to know that he is adopted, if for no other reason than medical history.

It WILL come out at some point--best to be honest from the start.

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I do so agree with this statement regarding medical history on the paternal side which may come up in the child's lifetime. It can be a life or death situation if nothing is known about the father's side of the family. That seems to be a point that everyone forgets about.

This situation arose in our own family a few years ago and developed into a really scary situation with no resolution and a lot of guess work on the part of a cardio specialist.

Tick

Why would you start a child's life by lying on documents? Its also illegal. If your boyfriend didn't help create this child then he isn't suppose to sign the birth certificate PERIOD.

First in Georiga nothing at all can be done till the child is born. You are not required to list a father on the birth certificate.

You do not have to file for child support unless you or the child receive any state aid. Welfare, food stamps, GA WICK, or if the child will be insured under one of the state provided coverages.

In those cases, they will ask you for the father, so the state can go after him to help repay the cost of the welfare system.

Next in GA he can not merely sign over his rights, it does not work like that, he has a legal obligation and can not sign it over unless the other parent has been married and normally married for at least a year. And the new spouse wishes to adopt the child.

In any and all cases, the child will need to know who his real parent his ( or at least that the other person is not the legal parent)
Failure to do so will cause major issues in child/parent relationship years latter when they discover this from 100's of sourses
** normally family members taking years latter.

And GA courts take it very serious if anyone does fraud on a state document by claiming to be the father if they are not.