Legal Question in Family Law in Georgia

In a name change, does a parent need be named as respondent if they have waived parental rights to allow the child to be adopted?

Asked on 7/23/13, 12:03 pm

3 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

Usually, when a parent agrees to the adoption of their child, they sign a surrender of rights, which is only good for a period of time. If their rights were actually terminated by a court order, there is no need to serve them with a name change. If they just signed something waiving their parental rights, and there was no court order entered terminating their rights, they would need to be served with an action for name change as they still have parental rights.

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Answered on 7/23/13, 12:13 pm
Tahira Piraino Tahira P. Piraino

I do not understand why you are changing a child's name if the child is being adopted. I parent can waive his rights, but until there is a termination order, the parent is still the legal parent. The child's name will be changed as part of the adoption order. You need to speak with a family law attorney and provide the information needed to move forward on a name change of a minor.

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Answered on 7/23/13, 12:30 pm
Glen Ashman Ashman Law Office

Yes. You obviously need a lawyer. If you have an adoption consent, an adoption will include a name change, and the consent expires if not timely used. See a lawyer to untangle the mess (that never should have been a mess).

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Answered on 7/31/13, 6:29 pm

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