CopyCited 46 times | Published | Supreme Court of Georgia | Jul 10, 2000 | 272 Ga. 645, 2000 Fulton County D. Rep. 3553
...rent who has provided financial or emotional support for his child. Nor is either party to this action a parent or legal custodian of the child. As we have previously noted, the grandmother is not a "parent" of the child within the meaning of OCGA §§
19-8-1 or
19-11-3(7)....
...ost by: (1) voluntary contract releasing the right to a third person...." [2] See OCGA §
19-7-1(b)(1). [3] See Constitution of the State of Georgia of 1983, Art. VI, Sec. VI, Par. III(4); Johnson v. Smith,
251 Ga. 1,
302 S.E.2d 542 (1983). [4] OCGA §
19-8-1(8) provides that "`parent' means either the legal father or the legal mother of the child." OCGA §
19-11-3(7) defines "parent" as "the natural or adoptive parents of a child." See also Sutter v....
CopyCited 9 times | Published | Supreme Court of Georgia | Feb 11, 2002 | 560 S.E.2d 1, 2002 Fulton County D. Rep. 417
Hines, Justice.
We granted this appeal from the denial of a stepparent adoption petition to consider two questions.1 The first is whether a “biological father who is not the legal father” of a child within the meaning of OCGA §
19-8-1 (6)2 is a “parent” for the purpose of OCGA §
19-8-1 (8).3 The second is if the “biological father” is not a “parent” for the purpose of OCGA §
19-8-1 (8) under the foregoing circumstances, may a stepfather to the child of the “biological father” adopt his spouse’s child pursuant to OCGA §
19-8-6 (a) (2)4 even if the child’s *766“biological father” is living....
...nying the stepfather’s petition based upon the Court of Appeals’s decision in Cowdell v. Doe,
225 Ga. App. 97 (483 SE2d 347) (1997). The superior court determined that the “biological father” was not the “legal father” as defined in OCGA §
19-8-1 (6), and that Cowdell v....
...Doe is fatally flawed.
1. The question before the Court of Appeals in Cowdell v. Doe was whether the “biological father” of the child sought to be adopted by the petitioner stepfather in that case was “known” or “unknown” for the purpose of then OCGA §
19-8-12, dealing with notice to the “biological father” and termination of his rights....
...ection (OCGA §
19-8-6) by omitting to *767provide for adoption by the husband of the legal mother of a child whose biological but not legal father is living. No provision is made for termination of his rights through the procedure specified in OCGA §
19-8-12 (b).” Cowdell v....
...Pivotal to such determinations was the Court of Appeals’s apparent consideration of the “biological father” as a “parent” for the purpose of the surrender of parental rights under OCGA §
19-8-6 (a). But this was error for the Court failed to consider the statutory definition of “parent” found in OCGA §
19-8-1 (8), and thereby the proper construction of OCGA §
19-8-6 (a).
The statutory definitions found in OCGA §
19-8-1 govern Chapter 8 of Title 19, dealing with adoption. OCGA §
19-8-1 (1) defines the “biological father” as “the male who impregnated the biological mother resulting in the birth of the child.” However, in subsection (6), the statute defines “legal father,” as a “male” who has accomplished one of five acts....
...r of rights to a child, carry forth the clear differentiation between a “parent” and a “biological father who is not the legal father.”
Accordingly, a “biological father who is not the legal father” of a child within the meaning of OCGA §
19-8-1 (6) is not a “parent” for the purpose of OCGA §
19-8-1 (8).
*768Decided February 11, 2002.
Claiborne, Outman & Surmay, James B. Outman, Carol S. Dew, for appellant.
Thurbert E. Baker, Attorney General, for appellee.
2. Inasmuch as the “biological father who is not the legal father” is not a “parent” within the meaning of OCGA §
19-8-1 (8), the stepfather to the child of the “biological father” may adopt his spouse’s child pursuant to OCGA §
19-8-6 (a) (2) even if the child’s “biological father” is living. This is so because the child then has only one “parent” still living, that is, the “legal mother” of the child, see OCGA §
19-8-1 (8), precisely the circumstances outlined in OCGA §
19-8-6 (a) (2)....
...Judgment reversed and case remanded.
All the Justices concur.
This Court granted certiorari following the Court of Appeals’s denial of the stepfather’s application for discretionary appeal from the adverse ruling on the adoption petition.
OCGA §
19-8-1 (6) provides:
“Legal father” means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was conceived or was bom, unless such paternity was disproved by a final order...
...(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or
(E) Has legitimated the child by a final order pursuant to Code Section
19-7-22, and who has not surrendered or had terminated his rights to the child.
OCGA §
19-8-1 (8) states: “ ‘Parent’ ” means either the legal father or the legal mother of the child.”
OCGA §
19-8-6 (a) provides:
Except as otherwise authorized in this chapter:
*766(1) A child whose legal father and legal mother are both...
...s to the child for the purpose of such adoption.
Subsection (it of these statutes all provide that a surrender pursuant to the Code sections may be given by “any parent or biological father who is not the legal father of the child.”
See OCGA §
19-8-12 for rights of the biological father.
Such findings in Cowdell v....
CopyCited 1 times | Published | Supreme Court of Georgia | Oct 24, 2005 | 621 S.E.2d 461, 2005 Fulton County D. Rep. 3194
...Dial sought custody of, and child support for, B.C.W., which the trial court granted.
It was error to find that Mr. Dial was legally obligated to support B.C.W. Neither Mr. nor Ms. Dial made any effort to apply for legal guardianship of B.C.W., see OCGA §
29-4-1 et seq., and neither *768attempted to adopt him. See OCGA §
19-8-1 et seq....
...Dial is not the child’s biological father; were that the case, he would be legally obligated to support the child as set forth in OCGA §
19-7-2. And, if Mr. Dial had adopted the child, he would similarly be obligated to support the child. See OCGA §
19-8-19 (a) (2)....
CopyPublished | Supreme Court of Georgia | Feb 11, 2002 | 274 Ga. 765
...Gen., for appellee. HINES, Justice. We granted this appeal from the denial of a stepparent adoption petition to consider two questions. [1] The first is whether a "biological father who is not the legal father" of a child within the meaning of OCGA §
19-8-1(6) [2] is a "parent" for the purpose of OCGA §
19-8-1(8). [3] The second is if the "biological father" is not a "parent" for the purpose of OCGA §
19-8-1(8) under the foregoing circumstances, may a stepfather to the child of the "biological father" adopt his spouse's child pursuant to OCGA §
19-8-6(a)(2) [4] *2 even if the child's "biological father" is living....
...On September 1, 2000, the superior court entered an amended order denying the stepfather's petition based upon the Court of Appeal's decision in Cowdell v. Doe,
225 Ga.App. 97,
483 S.E.2d 347 (1997). The superior court determined that the "biological father" was not the "legal father" as defined in OCGA §
19-8-1(6), and that Cowdell v....
...Doe is fatally flawed. 1. The question before the Court of Appeals in Cowdell v. Doe was whether the "biological father" of the child sought to be adopted by the petitioner stepfather in that case was "known" or "unknown" for the purpose of then OCGA §
19-8-12, dealing with notice to the "biological father" and termination of his rights....
...It further stated that "the legislature left a gap in the stepparent adoption section (OCGA §
19-8-6) by omitting to provide for adoption by the husband of the legal mother of a child whose biological but not legal father is living. No provision is made for termination of his rights through the procedure specified in OCGA §
19-8-12(b)." Cowdell v....
...Pivotal to such determinations was the Court of Appeals's apparent consideration of the "biological father" as a "parent" for the purpose of the surrender of parental rights under OCGA §
19-8-6(a). But this was error for the Court failed to consider the statutory definition of "parent" found in OCGA §
19-8-1(8), and thereby the proper construction of OCGA §
19-8-6(a). The statutory definitions found in OCGA §
19-8-1, govern Chapter 8 of Title 19, dealing with adoption. OCGA §
19-8-1(1) defines the "biological father" as "the male who impregnated the biological mother resulting in the birth of the child." However, in subsection (6), the statute defines "legal father," as a "male" who has accomplished one of five acts....
...the surrender of rights to a child, carry forth the clear differentiation between a "parent" and a "biological father who is not the legal father." Accordingly, a "biological father who is not the legal father" of a child within the meaning of OCGA §
19-8-1(6) is not a "parent" for the purpose of OCGA §
19-8-1(8). 2. Inasmuch as the "biological father who is not the legal father" is not a "parent" within the meaning of OCGA §
19-8-1(8), the stepfather to the child of the "biological father" may adopt his spouse's child pursuant to OCGA §
19-8-6(a)(2) even if the child's "biological father" is living. This is so because the child then has only one "parent" still living, that is, the "legal mother" of the child, see OCGA §
19-8-1(8), precisely the circumstances outlined in OCGA §
19-8-6(a)(2)....
...Judgment reversed and case remanded. All the Justices concur. NOTES [1] This Court granted certiorari following the Court of Appeals's denial of the stepfather's application for discretionary appeal from the adverse ruling on the adoption petition. [2] OCGA §
19-8-1(6) provides: "Legal father" means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order purs...
...e father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or (E) Has legitimated the child by a final order pursuant to Code Section
19-7-22, and who has not surrendered or had terminated his rights to the child. [3] OCGA §
19-8-1(8) states: "`Parent'" means either the legal father or the legal mother of the child." [4] OCGA §
19-8-6(a) provides: Except as otherwise authorized in this chapter: (1) A child whose legal father and legal mother are both living but are n...
...to the child for the purpose of such adoption. [5] Subsections (i) of these statutes all provide that a surrender pursuant to the Code sections may be given by "any parent or biological father who is not the legal father of the child." [6] See OCGA §
19-8-12 for rights of the biological father....
