Birney O'Brian Bull's Answers

Can I terminate my sons fathers rights if he has had no contact in over a year and never has paid child support?

In general, that is hard to do, and not likely to happen. And it would also probably cost more than you might expect it to cost too. Can't tell from what you said whether a child support order, or any sort of visitation order, is in place. If not: He DOES still have a duty to pay support, but it will be harder for either of you to make any legal complaints about what is happening. Also not sure whom you mean by "grandmother" --- the father's grandmother, or your son's (the father's...

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My husband and I are US citizens living in the state of Georgia. Can we adopt an illegal immigrant that is 18 years old?

You can, but I don't believe it will affect his immigration or citizenship status. It will make him your son, but it will not change his citizenship status. For that, you should contact an attorney with immigration experience. If you message me privately, I can suggest someone. God bless!

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Is notice by publication to a biological father (not listed on birth certificate, address unknown) a proper route?

Maybe. But maybe not. I know people love to hate lawyers, or scorn their fees anyway, but they're playing with fire if they're trying to do this without a lawyer. With no more info to go on, that's really about all I can say: They should take the case to an experienced adoption attorney before it's too late. God Bless!

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Can I sue and adoption agency?

May depend on California law. Did a placement actually happen and you're trying to get him back? Also may depend somewhat on the terms of any contract you signed with the facilitator. Facilitators are technically illegal in Georgia (and "promises" for an adoption are specifically illegal under O.C.G.A. §19-8-24), and if the whole adoption stayed here, the answer MIGHT be "maybe." Also relevant is how long ago all this happened. It's really hard to say without more details. You will have...

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Can my mother petition for an adoption of my daughter while attempting to terminate her father's rights?

Here's the relevant statute: O.C.G.A. §19-8-3(c): "If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone." The judge most certainly has the discretionary power to waive this requirement, but there's no guarantee. I don't know what county you'll be in, but I DOUBT a judge would go for the idea of a...

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My child was adopted 5 years ago by step parent and i was told this year,is this legal?

You don’t say if this happened in Georgia, or what state, but if the adoption happened in Georgia, 5 years ago, O.C.G.A. §19-8-18 prohibits any challenge or overturning of it now. You can sue for “wrongful adoption,” but the adoption cannot be overturned. And even a suit for “wrongful adoption” stands very little chance of any sort of success at this late date, though if it was done without notice that COULD have been given to you, you MAY have a cause of action. (I don’t handle such cases.)...

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Hello, i want to go back to the Philippines so that i can study there.. do you think embassy will allow me?

Whoa, Nelly! This is more of an immigration question than an adoption question! About which, I just told you everything I know! I have no idea what "the Embassy" will do (if that's what matters!). Only been in Georgia for a week and a half --- meaning, the adoption didn't occur here? You're originally from the Philippines? American citizen? Frankly, I don't think your adoptive status has anything to do with it. I hope you're also asking this question in the immigration forums!...

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Attorney

If you're just getting started, you need to choose an agency that has employees <on site> in the country you want to adopt from (not just "good connections" there). God bless!

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Can I adopt my 19yo undocumented niece to get her immigration benefits as I am a 30 yo US Citizen?

You most certainly can adopt her, but that won't "solve" any immigration problems. That's not my specific area ... it may put her on a shorter waiting list, but it will not make her a citizen. That only happens with kids 16 and under. God Bless!

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Can a doctor ask for proof of adoption?

The points Sherry makes are, as usual, valid and well-taken. I would just add that the request you got had solid legal footing: Medical procedures require valid, informed consent, and for a minor, only a parent or legal guardian can give valid consent. As Sherry noted, it might be more “consistent” to demand a birth certificate or other documentation for every child presented for treatment, but some “short cuts” are understandable (if not ENTIRELY defensible). Alcohol is NOT supposed to be...

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