Ray v. Hann

746 S.E.2d 600, 323 Ga. App. 45, 2013 Fulton County D. Rep. 2437, 2013 WL 3497902, 2013 Ga. App. LEXIS 650
CourtCourt of Appeals of Georgia
DecidedJuly 15, 2013
DocketA13A0757, A13A0821
StatusPublished
Cited by13 cases

This text of 746 S.E.2d 600 (Ray v. Hann) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ray v. Hann, 746 S.E.2d 600, 323 Ga. App. 45, 2013 Fulton County D. Rep. 2437, 2013 WL 3497902, 2013 Ga. App. LEXIS 650 (Ga. Ct. App. 2013).

Opinion

ELLINGTON, Presiding Judge.

In Case No. A13A0757, Anthony Shane Ray appeals from orders of the Superior Court of Floyd County granting Johnny Hann, Jr.’s stepparent petition to adopt Ray’s minor child, A. C. R., and terminating Ray’s parental rights to the child. In Case No. A13A0821, Ray appeals from an order of the Superior Court of Floyd County denying his petition to legitimate A. C. R.1 Because the underlying cases were consolidated below, resolved in the same evidentiary hearing, and involve the same facts, we consolidate these appeals. For the reasons that follow, we reverse in part, vacate in part, and remand to the superior court.

Case No. A13A0821

1. Ray contends the trial court erred in denying his petition to legitimate A. C. R. Because this issue affects Ray’s legal status with respect to the child, we address it first. For the following reasons, we reverse the superior court’s order denying Ray’s legitimation petition.

“We review a trial court’s ruling on a legitimation petition for abuse of discretion. We review the court’s factual findings, however, for clear error and will only sustain such findings if there is competent evidence to support them.” (Citations and punctuation omitted.) Neill v. Brannon, 320 Ga. App. 820 (1) (738 SE2d 724) (2013).

The record shows the following relevant facts. On May 27, 2008, Nancy Peterson (now Nancy Hann) gave birth to A. C. R. at Floyd Medical Center. It is undisputed that Ray, who was never married to Peterson, is A. C. R.’s biological father, and he attended the birth. On the official birth certificate, the hospital listed Ray as the child’s father, and the child was given Ray’s surname.2 The Putative Father Registry maintained by the State Office of Vital Records also identified Ray as A. C. R.’s putative father.

On May 29, 2008, before leaving the hospital, Ray and Peterson both signed a form entitled “Paternity Acknowledgment — State of [46]*46Georgia.” In addition to acknowledging Ray’s biological paternity, the form contained a statement by both Ray and Peterson in which they agreed and consented that Ray’s relationship with A. C. R. “shall be considered legitimate for all purposes under the law pursuant to OCGA § 19-7-22 (g) (2).”3 Peterson admitted signing the paternity and legitimation acknowledgment form, stating that she “didn’t oppose [signing] it.”

Months later, Peterson and Ray ended their relationship. In September 2010, Peterson married Hann; in May 2012, Hann filed a petition to adopt A. C. R. Ray filed a petition to legitimate A. C. R. and opposed the adoption. After a hearing, the trial court denied Ray’s petition to legitimate A. C. R., terminated Ray’s parental rights, and granted Hann’s petition to adopt the child.

In Georgia, legitimation is the statutory legal process through which a biological father becomes the legal father of a child born out of wedlock.4 When A. C. R. was born, legitimation could be effected through court proceedings as provided in OCGA § 19-7-22. In addition to judicial legitimation, OCGA § 19-7-22 (g) (2) provided for non-judicial or administrative legitimation, as follows:

In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation.5

[47]*47In this case, the acknowledgment satisfies the requirements of OCGA § 19-7-22 (g) (2). Ray and Peterson both signed a form which contained an acknowledgment of paternity and an acknowledgment of legitimation; they signed the form voluntarily; Peterson did not rescind the form within 60 days as provided in OCGA § 19-7-46.1; and the form was filed with the Office of Vital Records as required by OCGA § 19-7-46.1. We must conclude, therefore, that Ray’s relationship with A. C. R. was rendered legitimate. Because Ray has demonstrated compliance with the applicable statutory prerequisites of administrative legitimation, and because the record contains no evidence upon which the acknowledgment of legitimation may be set aside,6 he remains the child’s legal father unless and until his parental rights have been terminated in compliance with the law governing such terminations. See Division 2, infra. Given Ray’s status as the child’s legal father, the court’s order denying the petition to legitimate was an abuse of discretion and must be reversed.

We note that the court below was critical of the legitimation acknowledgment form at issue in this case because it failed to comply with all of the requirements of OCGA § 19-7-21.1, andit appears that the form used in this case indeed did little to inform the parties of the legal consequences of signing it.7 We find no authority, however, for applying those requirements retroactively, as the trial court apparently did in this case. We must evaluate the effect of the acknowledgment of legitimation made in this case under the law as it then existed, which was OCGA § 19-7-22 (g) (2).8

[48]*48Case No. A13A07S7

2. Ray contends that the trial court erred in terminating his parental rights and granting the petition for adoption, arguing that there was insufficient clear and convincing evidence to support the court’s rulings. We do not reach the merits of Ray’s claims, however, because the trial court did not make the requisite findings of fact and conclusions of law in either its order terminating Ray’s parental rights or in the adoption decree.

Generally, a stepparent may adopt his or her spouse’s child only if the biological parent whose rights will terminate with the adoption “voluntarily and in writing surrenders all of his [or her] rights to the child to [the stepparent] for the purpose of enabling [the stepparent] to adopt the child[.]” OCGA § 19-8-6 (a) (1). If the biological parent refuses to surrender his or her parental rights, OCGA § 19-8-10 provides that the court may nevertheless terminate the biological parent’s rights and grant the stepparent’s petition to adopt the child if it finds, among other things, that there is clear and convincing evidence that the parent has abandoned the child,9

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Bluebook (online)
746 S.E.2d 600, 323 Ga. App. 45, 2013 Fulton County D. Rep. 2437, 2013 WL 3497902, 2013 Ga. App. LEXIS 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-hann-gactapp-2013.