Local
Adoption Law Potential Changes and Challenges:
The Georgia Commission on Child Support has
proposed legislation to repeal
administrative legitimation.
Background: Effective July 1, 2008, the Georgia legislature enacted SB 88,
which included language that created a new code section O.C.G.A. § 19-7-21.1
dealing with administrative legitimation.
This law enabled birth fathers of children born out of wedlock to legalize
or “legitimate” the child by signing a form, without having to go through
formal proceedings in court. The intent
behind the law was to make it easier for birthfathers to legitimate their
children and therefore be more present in the children’s lives and
self-proclaim both their emotional and financial responsibility to the
child.
Fallout:
Despite the good intentions of the law, the fallout has been great. The administrative legitimation form is given
out freely by nurses at the hospital and the man standing with a birth mother
is often instructed to sign without a full understanding of what it is they are
signing, without the advice of counsel, and sometimes without the proper legal
right to do so. The law requires that
the birthmother not be married to another man at the time the birthfather signs
the administrative legitimation. In
reality, many do sign when the mother is married, and confusion as to rights to
the child ensues. Additionally, no DNA
test is required for signing, also creating confusion down the road when a
biological link is brought into question.
Many Georgia adoption attorneys and their clients have seen the direct
negative effects of this bill. When
going through an adoption, all parental rights must be fully terminated to proceed. With the confusion that ensues from
administrative legitimation, many adoptions have been stalled, wrongly
contested or vacated as a result. Most
adoption attorneys, including those at Steffas & Associates, P.C., feel
that 19-7-21.1 directly undermines the judicial process put in place for the
orderly legitimation of children in O.C.G.A. 19-7-22.
Current proposals: The Georgia General Assembly
convened on January 12, 2015. There are
two Bills expected to be proposed, one to repeal administrative legitimation
(designated as LC 29 6090) and the second to amend administrative legitimation
(LC 29 6089). The Child Support Commission favors the bill to repeal
administrative legitimation, i.e., LC 29 6090.
Additionally, the Georgia Council of Adoption Attorneys fully supports
the repeal of administrative legitimation.Your thoughts: What do you think about the administrative legitimation? Should the law be left the same or changed? Write me with your opinion.
