Children

Question 1

Nonmartial Children

Answer 1

One born to an unmarried woman.

1. Statute cannot exclude nonmarital children from inheriting from intestate fathers. (Father can exclude child by will, though)
2. Nonmarital children cannot be precluded from suing for parent’s wrongful death solely because of their status as non-marital children.
3. A parent’s duty to pay child support does not depend on the child’s status as a marital or non-marital child.

Question 2

Paternity Suits

Answer 2

• Duty of support attaches when paternity established. At this point, custody may be asserted by the father.
• Paternity must be established by clear and convincing evidence.
• Suit can be brought by chid, mother relative, Dept. of Human Services, alleged father

Question 3

Legal Disabilities of Childhood

Answer 3

Contracts by minors are voidable at the option of the minor, except for contracts made for necessaries.

• Children 14+ may make will.
• Minimum age for tort liability is 13.

Question 4

Parental Tort Immunity

Answer 4

-Traditional view - one member of a family unit cannot sue another in tort for personal injury
Exceptions:
-No immunity for intentional torts
-In negligence cases, when considering parental immunity, courts will consider the following factors:
1. Avoidance of collusion
2. Preservation of the family harmony
3. Depletion of family assets
4. Maintenance of parental authority
5. Possibility of inheritance by the parent of damages reserved for the child

Question 5

Tort actions for Interference with Custody or Seduction (Parental kidnapping)?

Answer 5

GA does not recognize these tort actions, though they may be responsibly criminally.

Question 6

Requirements for valid adoption

Answer 6

1. Consent of the adoptee: 14+ must consent to adoption in writing and acknowledged by a court.
2. Consent of the natural parents: Generally, required consent of biological parents.
   - However, when parents unmarried, how much voice given to father depends on how actively he was involved in child’s life.
   - Consent unnecessary when a person cannot be located, has abandoned or failed to support the child; (Biology Plus Test)
3. Investigation and court approval;

Question 7

What must every adoption accomplish?

Answer 7

1. Terminate the biological parent’s rights

2. Create new adoptive parent rights.

Question 8

Expenses paid by parents adopting child

Answer 8

• Only actual and legal expenses

- Actual expenses might even include rent for birth mother.

Question 9

Adult Adoption?

Answer 9

Adult adoption is also permissible in GA.