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In re C. N. W.

A biological father who is not a legal father as defined by the Adoption Code is not a parent for purposes of considering a stepparent's adoption petition under O.C.G.A. § 19-8-6 a 2.

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We granted this appeal from the denial of a stepparent adoption petition to consider two questions.1 The first is whether a “biological father who is not the legal father” of a child within the meaning of OCGA § 19-8-1 62 is a “parent” for the purpose of OCGA § 19-8-1 8.3 The second is if the “biological father” is not a “parent”for the purpose of OCGA § 19-8-1 8 under the foregoing circumstances, may a stepfather to the child of the “biological father” adopt his spouse’s child pursuant to OCGA § 19-8-6 a 24 even if the child’s “biological father” is living. We answer the first question in the negative and the second in the affirmative, and accordingly, reverse the denial of the petition for adoption.

C.N.W. was born on February 26, 1992. Her biological mother and biological father were never married. C.N.W.’s biological mother married on February 1, 1997. On June 26, 2000, C.N.W.’s stepfather filed a Petition for Adoption by a Stepparent pursuant to OCGA § 19-8-6 in the Superior Court of Walton County. The petition alleged that C.N.W.’s biological father had abandoned the child prior to birth; had seen her one time and that was on the day of her birth; and that he had not contributed to her support or made any attempt to legitimate her. The accompanying affidavit by the mother averred that the known biological father had not lived with the child, had not contributed to her support, and had not provided for the mother’s support, including medical care, during the pregnancy or hospitalization for the birth of the child. The biological father could not be found, so service was perfected through publication, to which no party responded.

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