3. Parents and Children Flashcards
Is a child born or conceived during a woman’s marriage presumed legitimate?
Yes, children born or conceived during a woman’s marriage are presumed legitimate, with paternity challenged only by clear and convincing evidence.
Are children born in wedlock or within the usual period of gestation thereafter presumed legitimate?
Yes, but this can be disproven.
What is required to challenge the legitimacy of a child when spousal contact is possible?
Strong evidence is needed.
Is a child presumed legitimate if pregnancy existed at the time of the marriage and a divorce is sought on that ground?
No, the child is not considered legitimate if conceived before marriage.
What legitimizes a child when the marriage of the mother and reputed father exists?
Marriage of unwed parents and paternal recognition legitimize a child, who then adopts the father’s surname.
How is a child defined as ‘born out of wedlock’ in Georgia?
A child is ‘born out of wedlock’ if:
* Parents unwed at birth and remain so
* Child results from the wife’s adultery
* Birth doesn’t meet any legitimacy presumptions.
How can a father who is not married to the mother voluntarily legitimize a child?
A father may legitimize the child by:
* Marrying the mother
* Adopting the child
* Acknowledging paternity in writing within the first year of the child’s life.
Who can initiate paternity actions for children born out of wedlock?
Paternity actions may be initiated by the child, mother, state agency, or alleged father.
What does Georgia’s putative father registry allow?
It allows alleged biological fathers to claim paternity and provides notice in adoption or rights termination cases.
What rights do both parents have if they are living, competent, and not found to be unfit?
They are entitled to custody of the minor child and to direct his education and medical care.
What happens to parental rights if one parent dies and the remaining parent is competent?
The remaining parent has superior rights to custody.
What limits parental constitutional rights over child-rearing decisions?
Parental authority is limited by the child’s best interests.
When can a court order deprivation of custody from parents or guardians?
When it is necessary for the welfare of the child.
What is the duty of support for each parent?
Each parent is jointly and severally liable for maintenance, protection, and education of the child until age 18, with possible extension until age 20.
When does a parent’s obligation to support a child typically end?
When the child:
* Reaches age 18
* Gets married
* Is emancipated
* Dies.
At what age is a child considered emancipated in Georgia?
At the age of 18.
Is a child liable for his or her torts?
Yes, except where the age prevents forming the necessary state of mind.
What is the common-law doctrine of family immunity in Georgia?
It prohibits a child’s suit against their parents, grandparents, or others in loco parentis.
What is the age of majority in Georgia for most purposes?
18 years.
What is required for a minor to be bound by contracts related to a profession or trade?
The minor must have permission from a parent or guardian or by permission of law.
What standard is applied for involuntary termination of parental rights?
The Best Interests of Child Standard, considering the child’s physical, mental, and emotional needs.
How can parental rights be voluntarily relinquished?
Through court-acknowledged written consent, usually for adoption.
What is adoption?
Adoption is the creation of a legal parent-child relationship.
When is a minor child considered free for adoption?
if they have no living parents or the rights of the parents have been terminated.
Who may adopt a child in Georgia?
Any adult who:
* Is at least 25 years old or married
* Is at least 10 years older than the child
* Has been a resident of Georgia for at least six months
* Is financially, physically, and mentally able to have permanent custody.
What is the requirement for a child 14 years of age or older regarding adoption?
The child must give written consent to be adopted, with their consent given and acknowledged in court.
What must a court find to terminate parental rights during adoption proceedings?
The parent has abandoned the child, is unlocatable, incapacitated, or has failed in proper parental care.
What is the presumption regarding children born through artificial insemination (AI) in Georgia?
A child born into a marriage after a spouse becomes pregnant using AI is presumed to be a child of the marriage.
Does Georgia recognize Equitable (Virtual) Adoption?
Georgia does not recognize equitable adoption. A contract must be proven by clear and convincing evidence to have existed between the birth parents and purported adoptive parents.
What is in vitro fertilization (IVF)?
IVF is a process where eggs are fertilized outside the body and then implanted into the uterus.
What happens to frozen embryos in the event of a divorce?
Disputes over rights to the use of frozen embryos are typically governed by any prior agreement between the parties.
What are the two types of surrogacy?
Types of surrogacy:
* Traditional surrogacy
* Gestational surrogacy.
What is required for a surrogacy contract to be enforceable in Georgia?
It must pass muster using basic contract principles.
