Summary
The Georgia Court of Appeals held that Ray was administratively legitimated as the child’s legal father under the version of OCGA § 19-7-22 (g) (2) in effect when the child was born. The court reversed the denial of Ray’s legitimation petition. It vacated the termination of Ray’s parental rights and the stepparent adoption decree because the trial court failed to make the required specific findings of fact and conclusions of law, and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether Ray and Peterson's voluntary paternity and legitimation acknowledgment rendered Ray the child's legal father under the version of OCGA § 19-7-22 (g) (2) in effect when the acknowledgment was signed.
- Whether the trial court's orders terminating Ray's parental rights and granting the stepparent adoption could stand when the court failed to make the specific findings of fact and conclusions of law required by OCGA §§ 19-8-10 and 19-8-18 (b).
Holdings
- A voluntary paternity acknowledgment containing the parties' consent to legitimation satisfied OCGA § 19-7-22 (g) (2), as it existed when the acknowledgment was executed, and rendered Ray the child's legal father.
- The termination and adoption orders had to be vacated because the trial court failed to make specific findings of fact and conclusions of law addressing the statutory grounds for termination, justifiable cause, the applicable criteria under OCGA § 15-11-94, and the child's best interests.
Key quotations
“We must conclude, therefore, that Ray’s relationship with A. C. R. was rendered legitimate.” (323 Ga. App. at 47)
“In the absence of specific findings of fact to support the trial court’s conclusion that the requisites of OCGA § 19-8-10 (b) have been met, we are constrained to vacate the court’s order terminating Ray’s parental rights, as well as the adoption decree, and to remand this case to the trial court with the direction that it enter a new decree with specific findings of fact and conclusions of law as required by OCGA § 19-8-18(b).” (323 Ga. App. at 50)
Factual background
Anthony Shane Ray was the biological father of A. C. R., a child born to Nancy Peterson, whom Ray had never married. Ray was listed as the father on the birth certificate, identified in the Putative Father Registry, and jointly signed with Peterson a paternity acknowledgment form stating that his relationship with the child would be considered legitimate for all purposes under OCGA § 19-7-22 (g) (2). Peterson later married Johnny Hann, Jr., who petitioned to adopt the child; Ray petitioned to legitimate the child and opposed the adoption.
Procedural history
Ray and Nancy Peterson signed a paternity and legitimation acknowledgment after the child's birth. After Peterson married Hann, Hann petitioned to adopt the child, and Ray petitioned to legitimate the child and opposed the adoption. Following a consolidated evidentiary hearing, the superior court denied legitimation, terminated Ray's parental rights, and granted the adoption. The Court of Appeals reversed the denial of legitimation, vacated the termination and adoption orders, and remanded for specific findings and conclusions.
Remand instructions
In Case No. A13A0757, vacate the order terminating Ray's parental rights and the adoption decree and remand for entry of a new decree containing specific findings of fact and conclusions of law required by OCGA § 19-8-18 (b), including findings addressing the applicable termination criteria, justifiable cause, and the child's best interests. In Case No. A13A0821, reverse the order denying Ray's legitimation petition.