Understanding Involuntary Termination of Parental Rights: Grandparent Adoption

Navigating the legal landscape can be a daunting task, especially when it involves matters as sensitive as family law.

One such complex issue is the involuntary termination of parental rights: grandparent adoption, specifically.

This process involves legally severing the relationship between a parent and their child, allowing for the grandparent to step in and adopt the child.

The laws surrounding this procedure vary from state to state, but the main goal remains the same – to ensure the child’s best interest.

Let’s take a closer look into this topic.

Grounds for Termination of Parental Rights in Georgia

In Georgia, the courts don’t take the termination of parental rights lightly.

It’s seen as a measure of last resort, only considered when the child’s safety and welfare are at stake.

Some of the grounds for termination of parental rights in Georgia include parental misconduct or inability, physical or emotional neglect, abandonment, or failure to support or maintain contact with the child.

The court will evaluate the parent’s actions over a period of time to determine if there has been a consistent pattern of abusive or neglectful behavior.

The severity and frequency of the parent’s conduct are also taken into consideration.

Universal Citation: GA Code § 19-8-10 (2023-2024)

Next, let’s take a look at what the laws in Georgia (current as of this writing) say about terminating parental rights in adoptions and the legal grounds to do so, which also cover grandparent adoptions.

“Section 19-8-10 – When surrender or termination of parental rights of living parent not required; service on parents in such cases; involuntary termination of rights

(a) Surrender or termination of rights of a living parent pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the granting of a petition for adoption of a child of such living parent pursuant to Code Section 19-8-13 when the court determines by clear and convincing evidence that the:

1.  Child has been abandoned by that parent;
2.  Parent cannot be found after a diligent search has been made;
3.  Parent is insane or otherwise incapacitated from surrendering such rights;
4.  Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age; or
5. Parent, without justifiable cause, has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

(b) A surrender of rights of a living parent pursuant to Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the granting of a petition for adoption of a child of such living parent pursuant to Code Section 19-8-13, when the court determines by clear and convincing evidence that the parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:

(1) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; or

(2) To provide for the care and support of that child as required by law or judicial decree,

and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.”

The Role of Grandparents in Adoption

Once parental rights have been terminated, the court may consider grandparent adoption if it’s in the child’s best interest.

Grandparents can offer a familiar and loving environment, often reducing the trauma of separation.

However, they must demonstrate their ability to provide a stable and nurturing home for the child.

In Georgia, grandparents seeking to adopt must meet certain criteria, including being mentally and physically capable of caring for the child, having a suitable home, and demonstrating financial stability.

The court will also consider the existing relationship between the grandparent and the child.

Legal Process for Involuntary Termination of Parental Rights and Grandparent Adoption: Georgia

The legal process in Georgia to terminate parental rights begins with a petition filed in the Superior Court by either a private individual or a government agency.

The petition must clearly state the grounds for termination of parental rights, and provide evidence to support these claims.

Once the petition has been filed, the court will conduct a hearing.

Both the parent and the grandparent will have an opportunity to present their case.

If the court determines that the parent’s rights should be terminated, it will then consider whether grandparent adoption is the best option for the child.

Navigating through the involuntary termination of parental rights and grandparent adoption process can be complex and emotionally challenging.

It’s crucial to seek legal advice to ensure you understand your rights and responsibilities, and to make the process as smooth as possible for the child involved.

If you’re in the North Georgia or metro Atlanta area and would like to talk more about this legal process for terminating parental rights in a grandparent adoption, give us a call at Your Law Firm to start the conversation. We’re happy to help any way we can.

Final Thoughts

The involuntary termination of parental rights for grandparent adoption is a complicated legal process, aimed at ensuring the child’s welfare.

Understanding the grounds for termination of parental rights in Georgia, the role of grandparents in adoption, and the legal process involved can help you navigate this difficult journey more effectively.