Parental Rights
Georgia
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
No |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
Yes |
What parental rights can be terminated or limited? |
All parental rights |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
Reinstatement of Parental Rights – if rights had been terminated but child not placed with adoptive family within 3 years the parent whose rights have been terminated may petition court for reinstatement |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim must petition the court |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Clear and convincing evidence that the rapist parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
N/A |
Statutory Citations |
Ga. Code § 19-8-10 (2021) When surrender or termination of parental rights not required Ga. Code § 19-8-11 (2021) Ga Code Ann., § 15-11-323. Reinstatement of parental rights |