Birney O'Brian Bull
Reputation Level 12
Answered almost 3 years ago.
Adoption Lawyer in Savannah, GA.
Under Georgia law, these fathers have what is called an "opportunity interest" in the girls. I.e., they have a legal "opportunity" to "acquire" full rights as legal fathers. To do so, they would first (as you recognize) have to legitimize their respective daughters, and after that, they could move to take on the responsibilities, and receive the rights, of full legal fatherhood (after legitimation, child support obligations, and visitation, could be ordered).
That is an involved process, and few men pursue it, but because they technically have that right, before your fiance can adopt them (after your marriage), he (and you) must make a reasonable effort to comply with the law regarding notifying them of the adoption proceeding so that they can exercise their "opportunity" to pursue legal fatherhood.
The judge has some discretion in deciding how much effort is "enough" on this. If the girls are ages 13 and 11, for example, and their fathers have been entirely absent for all those years, the judge will "settle" for less effort on your part to notify them. If they are instead 26 and 6 *months* old, that's a different matter --- and the judge will likely feel that more must be done since the fathers have had much less time to pursue legal fatherhood.
Either way, the more you do to give them a chance to pursue legitimation, etc., before the adoptions are granted, the fewer (and more difficult) grounds they will have to challenge the adoptions after they are granted. In this regard, it would be a good idea to seek the help of a lawyer who is experienced with adoption. (In advising callers about adoption, many lawyers actually don't realize how complicated adoption can be, and the fee they quote may be too low for what needs to be done. A low fee quote can sound great, but if it turns out later to be inadequate, there will be problems, and they will probably be expensive --- in more ways than one.)
Also, many clients wrongly think adoption is --- or should be --- easier than it is. But as you can see from the above, the law will not take away men's "opportunity interests" without making sure they really do have an "opportunity" to exercise it. And many judges are scared to death about terminating a man's paternal rights unless all the i's are dotted, and t's crossed.
God Bless!
2 people marked this answer as good