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Jmangano · Feb 10, 2012, 11:34 AM

I have an act of surrender of parental rights signed by him and me and our lawyers and the judge. He is not allowed to contact them or me until the children turn 18.

ScottGem · Feb 10, 2012, 01:55 PM

I don't believe this is a full termination of rights. First, because he is being allowed contact once they become adults. Second, because its just unusual.

Again this is more curiosity on my part so feel free to not answer. But was there a reason for this? Was he a danger to the children in some way? Its just that my experience is that rights are rarely terminated.

Jmangano · Feb 10, 2012, 06:01 PM

He was put in jail for aggrivated incest on my 5 year old. He wanted to get out of jail and I wanted to make sure that he never hurt my children again. So he gave up his rights to all three of my kids and I dropped the charges. The reason I say he is not allowed to contact me or them until they turn 18 is because once they are 18 they are considered adults. Even in ANY adoption, a child is allowed to contact his/her birth parents after age 18 because they do not need permission from the parents because they are considered an adult. I may have confused you with the way I worded it before, but I can assure you that it is not revokable and he did it on his own free will. It is legal and binding. If he tries to contact them before the legal age of legal consent, he faces jail time and a fine of 10,000. Sorry if I confused you before.

ScottGem · Feb 10, 2012, 06:06 PM

Ahh, now it makes sense. Thank you satisfying my curiosity.

AK lawyer · Feb 10, 2012, 06:49 PM

Originally Posted by Jmangano

Okay, now here's the kicker. We are not the traditional family. I have three children whom I have 100% rights to because my ex-husband signed over his rights. I am now with a woman whom I have known for over 10 years. We have been together for over 3. What are our rights?? Will the courts only allow one of us to adopt and not the other? OR does Georgia law allow same sex adoption? If BOTH of us cannot do it, I am willing to allow my partner to "legally" adopt the baby. I just wanted to know if we had rights as a same-sex couple in Georgia?

Wow. Kicker is right. :)

"

TITLE 19. DOMESTIC RELATIONS
CHAPTER 8. ADOPTION
ARTICLE 1. GENERAL PROVISIONS

O.C.G.A. § 19-8-3 (2011)

§ 19-8-3. Who may adopt a child; when petition must be filed in names of both spouses

(a) Any adult person may petition to adopt a child if the person:

(1) Is at least 25 years of age or is married and living with his spouse;

(2) Is at least ten years older than the child;

(3) Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and

(4) Is financially, physically, and mentally able to have permanent custody of the child.

(b) Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a child-placing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency.

(c) If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone."

If I'm reading this right, you either have to be a Georgia resident for 6 months, or apply through an agency. In the latter case, one or the other of you could adopt. Adoption by a same-sex unmarried couple is possible, apparently, if allowed by "the policies of the department or the agency."

AK lawyer · Feb 10, 2012, 06:53 PM

Originally Posted by ScottGem

Hmm this sounds strange. I suspect he didn't sign over his rights but custody. The two are not the same. But anyway that's water under the bridge.

Or, to put it another way, he signed over his rights to visitation and custody. Did I miss it where OP said somewhere whether he still is obligated to pay child support?

Davidwhite · May 23, 2012, 06:28 PM

Your lucky, my partner and I have been searching and trying so hard to have a baby with no luck. Good luck to you. Also the mother can just sign over her rights that's what mine did with me when I was a year old.

D.W.

ScottGem · May 23, 2012, 07:20 PM

Originally Posted by Davidwhite

Your lucky, my partner and I have been searching and trying so hard to have a baby with no luck. Good luck to you. Also the mother can just sign over her rights thats what mine did with me when I was a year old.

D.W.

I don't know what your mother told you, but a parent can't just sign over their rights.