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Does my guardian has any right over me after adoption.

Does my guardian has any right over me after adoption.

Q: Is a parent automatically a legal guardian?

Yes, in most cases, a biological parent is automatically considered the legal guardian of their child. This legal status grants them the authority to make decisions regarding the child's upbringing. However, if a parent is deemed unfit or if legal action is taken, guardianship may be assigned to another individual.

Full question:

My parents died long ago and I live with my guardian at Georgia. I am a 15-year- old girl. I do not get along well with my guardian’s wife. I want to leave them. A couple, who knows my situation, is ready to adopt me. I wish to know whether my guardian has any right over me after adoption.

Category: Adoption
Date: 04/07/2025
State: Georgia

Answer:

The guardianship of a minor will be terminated when the minor is adopted. It is envisaged in O.C.G.A. § 29-2-30. It reads as:

“(a) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court in its discretion may order a hearing.
***”

Your guardian will have no rights over you after adoption. You must file a proof of adoption in order to get a court order.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much power does a guardian have?

A guardian has the legal authority to make decisions regarding a minor's welfare, including education, healthcare, and living arrangements. However, their power is limited to what is necessary for the child's best interests. In Georgia, a guardian's authority ends when the child is adopted, turns eighteen, is emancipated, or if a court terminates the guardianship (O.C.G.A. § 29-2-30).

Is guardianship a good thing?

Guardianship can provide stability and care for minors who cannot live with their biological parents. It ensures that a responsible adult makes decisions in the child's best interests. However, the effectiveness of guardianship depends on the guardian's ability to fulfill their responsibilities and the relationship between the guardian and the child.

Is a parent automatically a legal guardian?

What rights does a child have when a parent dies?

When a parent dies, the child has the right to inherit from the deceased parent's estate and may also have the right to receive support from a guardian or other family members. The court will typically appoint a guardian to care for the child if no other arrangements were made. In Georgia, the child's best interests are the primary concern in such cases.

How does guardianship work in NM?

In New Mexico, guardianship allows an adult to make decisions for a minor who cannot care for themselves. The process involves filing a petition in court, and the court will assess whether guardianship is in the child's best interests. Guardianship can be temporary or permanent, depending on the circumstances. Once a child is adopted, any existing guardianship is terminated.

What makes a parent a legal guardian?

A parent becomes a legal guardian by virtue of their biological relationship to the child. This status grants them the authority to make decisions regarding the child's care and welfare. If a parent is unable to fulfill this role, a court may appoint another individual as guardian, but the biological parent retains their legal rights unless terminated by the court.