VIII. Children

Question 1

Nonmarital Children

Answer 1

• one born to an unmarried woman
• intermediate scrutiny level, which means substantiall related
• Cannot exclude from inherting from their intestate father but father can exclude by will
• nonmarital children cannot be pcredued from suing for a parents wrongful death
• duty to pay child support does not hinge on status

Question 2

Paternity

Answer 2

• Must be established by clear and convincing evdience

Question 3

LEgal disabilities of childhood

Answer 3

• Minors K are voidable at option of the minor except contracts for necessaries
• Children age 14 or older may make a valid will
• Minimum age for tort and crim responsibility is 14

Question 4

INtrafamily tort immunity

Answer 4

• Recognizes Spousal Immunity but will consider whether the tradiation policy reasons apply
• No immunity for intentional torts
• IN neglignece, when considering parental immmunity, will consider:
  
  • avoidance of collusion
  • preservation of family harmony
  • depletion of family assets
  • maintenace of parental authority
  • possiblity of inheritance by parent of hte amount recovered in damages by child
• Does not recognize crime of interference with custody or for seduction

Question 5

Adoption Consent

Answer 5

• Must have the consent of the adoptee in writing and acknowledge if over 14
• Consent of natural parents
  
  • depends on natural father such as whether they were present, did they care for him, did they sign certificate, admit paternity, etc.

Question 6

Other Adoption factors

Answer 6

• INvestation and court approval
• only actual and legal expense can be paid under GA law in connection with adoption
• Adult adoption also permissible
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