quilloin
walcott
argued
november
decided
january
georgia
law
adoption
child
born
wedlock
permitted
without
consent
living
parent
including
divorced
separated
parents
voluntarily
surrendered
rights
child
adjudicated
unfit
parent
contrast
georgia
code
provide
mother
consent
required
adoption
illegitimate
child
however
father
may
acquire
veto
authority
adoption
legitimated
child
pursuant
code
provisions
applied
deny
appellant
father
illegitimate
child
authority
prevent
adoption
child
husband
child
mother
adoption
petition
filed
appellant
attempted
legitimate
child
always
mother
custody
living
mother
husband
appellees
opposing
adoption
appellant
seeking
legitimate
child
secure
custody
claimed
applied
case
violated
due
process
equal
protection
clauses
fourteenth
amendment
trial
granting
adoption
ground
best
interests
child
legitimation
appellant
rejected
appellant
constitutional
claims
georgia
affirmed
held
circumstances
appellant
substantive
rights
due
process
clause
violated
application
best
interests
child
standard
case
unwed
father
time
sought
custody
child
proposed
adoption
place
child
new
set
parents
child
never
lived
rather
result
adoption
give
full
recognition
existing
family
unit
pp
equal
protection
principles
require
appellant
authority
veto
adoption
measured
standard
applied
divorced
father
whose
interests
appellant
interests
readily
distinguishable
state
foreclosed
recognizing
difference
extent
commitment
child
welfare
appellant
unwed
father
never
shouldered
significant
responsibility
child
rearing
divorced
father
least
borne
full
responsibility
child
rearing
period
marriage
pp
marshall
delivered
opinion
unanimous
william
skinner
argued
cause
filed
brief
appellant
thomas
jones
argued
cause
appellees
pro
hac
vice
brief
ralph
martin
justice
marshall
delivered
opinion
issue
case
constitutionality
georgia
adoption
laws
applied
deny
unwed
father
authority
prevent
adoption
illegitimate
child
child
born
december
custody
control
mother
appellee
ardell
williams
walcott
entire
life
mother
child
natural
father
appellant
leon
webster
quilloin
never
married
established
home
together
september
mother
married
appellee
randall
walcott
march
consented
adoption
child
husband
immediately
filed
petition
adoption
appellant
attempted
block
adoption
secure
visitation
rights
seek
custody
object
child
continuing
live
appellees
although
appellant
found
unfit
parent
adoption
granted
objection
stanley
illinois
held
state
illinois
barred
matter
due
process
equal
protection
taking
custody
children
unwed
father
absent
hearing
particularized
finding
father
unfit
parent
concluded
one
hand
father
interest
companionship
care
custody
management
children
cognizable
substantial
hand
state
interest
caring
children
de
minimis
father
fact
fit
parent
stanley
left
unresolved
degree
protection
state
must
afford
rights
unwed
father
situation
presented
countervailing
interests
substantial
generally
speaking
georgia
law
child
born
wedlock
adopted
without
consent
living
parent
voluntarily
surrendered
rights
child
adjudicated
unfit
parent
even
child
parents
divorced
separated
time
adoption
proceedings
either
parent
may
veto
adoption
contrast
consent
mother
required
adoption
illegitimate
child
code
acquire
veto
authority
possessed
parents
father
child
born
wedlock
must
legitimate
offspring
either
marrying
mother
acknowledging
child
obtaining
order
declaring
child
legitimate
capable
inheriting
father
unless
child
legitimated
mother
recognized
parent
given
exclusive
authority
exercise
parental
prerogatives
including
power
veto
adoption
child
appellant
petition
legitimation
child
time
years
child
birth
filing
randall
walcott
adoption
petition
however
response
walcott
petition
appellant
filed
application
writ
habeas
corpus
seeking
visitation
rights
petition
legitimation
objection
adoption
shortly
thereafter
appellant
amended
pleadings
adding
claim
unconstitutional
applied
case
insofar
denied
rights
granted
married
parents
presumed
unwed
fathers
unfit
matter
law
petitions
adoption
legitimation
writ
habeas
corpus
consolidated
trial
superior
fulton
county
ga
expressly
stated
matters
tried
basis
consolidated
record
allow
biological
father
right
heard
respect
issue
thing
upon
desire
heard
including
fitness
parent
receiving
extensive
testimony
parties
witnesses
trial
found
although
child
never
abandoned
deprived
appellant
provided
support
irregular
basis
moreover
child
previously
visited
appellant
many
occasions
given
toys
gifts
appellant
time
time
mother
recently
concluded
contacts
disruptive
effect
child
appellees
entire
family
child
expressed
desire
adopted
randall
walcott
take
walcott
name
found
walcott
fit
proper
person
adopt
child
basis
findings
well
findings
relating
appellees
marriage
mother
custody
child
child
life
trial
determined
proposed
adoption
best
interests
child
concluded
granting
either
legitimation
visitation
rights
requested
appellant
best
interests
child
consequently
denied
applied
situation
hand
since
appellant
failed
obtain
order
granting
legitimation
found
lack
standing
object
adoption
ruling
appellant
constitutional
claims
without
merit
granted
adoption
petition
denied
legitimation
visitation
petitions
appellant
took
appeal
georgia
claiming
applied
trial
case
violated
equal
protection
due
process
clauses
fourteenth
amendment
particular
appellant
contended
entitled
power
veto
adoption
provided
georgia
law
married
divorced
parents
unwed
mothers
since
trial
make
finding
abandonment
unfitness
part
appellant
see
supra
adoption
child
allowed
dissent
urged
invalid
stanley
illinois
georgia
affirmed
decision
trial
majority
relied
generally
strong
state
policy
rearing
children
family
setting
policy
view
might
thwarted
unwed
fathers
required
consent
adoptions
also
emphasized
special
force
policy
facts
case
pointing
adoption
sought
child
stepfather
part
family
unit
child
fact
living
child
natural
father
taken
steps
support
legitimate
child
period
years
noted
addition
unlike
father
stanley
appellant
never
de
facto
member
child
family
unit
appellant
brought
appeal
pursuant
continuing
challenge
constitutionality
applied
case
claiming
entitled
matter
due
process
equal
protection
absolute
veto
adoption
child
absent
finding
unfitness
parent
contrast
appellant
somewhat
broader
statement
issue
georgia
appeal
focused
equal
protection
claim
solely
disparate
statutory
treatment
case
married
father
noted
probable
jurisdiction
affirm
ii
outset
observe
appellant
challenge
sufficiency
notice
received
respect
adoption
proceeding
see
supra
claim
deprived
right
hearing
individualized
interests
child
prior
entry
order
adoption
although
trial
ultimate
conclusion
appellant
lacked
standing
object
adoption
conclusion
reached
appellant
afforded
full
hearing
legitimation
petition
given
opportunity
offer
evidence
matter
thought
relevant
including
fitness
parent
trial
granted
legitimation
appellant
acquired
veto
authority
seeking
fact
appellant
provided
hearing
legitimation
petition
however
complete
answer
attack
constitutionality
trial
denied
appellant
petition
thereby
precluded
gaining
veto
authority
ground
legitimation
best
interests
child
appellant
contends
entitled
recognition
preservation
parental
rights
absent
showing
unfitness
thus
underlying
issue
whether
circumstances
case
light
authority
granted
georgia
law
married
fathers
appellant
interests
adequately
protected
best
interests
child
standard
examine
issue
first
due
process
clause
equal
protection
clause
appellees
suggest
due
process
violated
regardless
standard
applied
trial
since
constitutionally
protected
interest
appellant
might
lost
failure
petition
legitimation
years
prior
filing
randall
walcott
adoption
petition
hesitate
rest
decision
ground
light
evidence
record
appellant
aware
legitimation
procedure
adoption
petition
filed
event
need
go
far
since
circumstances
case
appellant
substantive
rights
violated
application
best
interests
child
standard
recognized
numerous
occasions
relationship
parent
child
constitutionally
protected
see
wisconsin
yoder
stanley
illinois
supra
meyer
nebraska
cardinal
us
custody
care
nurture
child
reside
first
parents
whose
primary
function
freedom
include
preparation
obligations
state
neither
supply
hinder
prince
massachusetts
firmly
established
freedom
personal
choice
matters
family
life
one
liberties
protected
due
process
clause
fourteenth
amendment
cleveland
board
education
lafleur
little
doubt
due
process
clause
offended
state
attempt
force
breakup
natural
family
objections
parents
children
without
showing
unfitness
sole
reason
thought
children
best
interest
smith
organization
foster
families
stewart
concurring
judgment
case
unwed
father
time
sought
actual
legal
custody
child
case
proposed
adoption
place
child
new
set
parents
child
never
lived
rather
result
adoption
case
give
full
recognition
family
unit
already
existence
result
desired
concerned
except
appellant
whatever
might
required
situations
say
state
required
situation
find
anything
adoption
denial
legitimation
best
interests
child
appellant
contends
even
entitled
prevail
matter
due
process
principles
equal
protection
require
authority
veto
adoption
measured
standard
applied
married
father
particular
appellant
asserts
interests
indistinguishable
married
father
separated
divorced
mother
longer
living
child
therefore
state
acted
impermissibly
treating
case
differently
think
appellant
interests
readily
distinguishable
separated
divorced
father
accordingly
believe
state
permissibly
give
appellant
less
veto
authority
provides
married
father
although
appellant
subject
years
prior
proceedings
essentially
obligation
married
father
compare
never
exercised
actual
legal
custody
child
thus
never
shouldered
significant
responsibility
respect
daily
supervision
education
protection
care
child
appellant
complain
exemption
responsibilities
indeed
even
seek
custody
child
contrast
legal
custody
children
course
central
aspect
marital
relationship
even
father
whose
marriage
broken
apart
borne
full
responsibility
rearing
children
period
marriage
standard
review
state
foreclosed
recognizing
difference
extent
commitment
welfare
child
reasons
conclude
applied
case
deprive
appellant
asserted
rights
due
process
equal
protection
clauses
judgment
georgia
accordingly
affirmed
footnotes
see
code
section
sets
forth
general
rule
adoption
shall
permitted
except
written
consent
living
parents
child
section
provides
consent
required
parent
surrendered
rights
child
agency
adoption
found
adoption
abandoned
child
willfully
failed
year
longer
comply
support
order
respect
child
parental
rights
terminated
order
see
code
insane
otherwise
incapacitated
giving
consent
found
diligent
search
made
section
operates
exception
rule
stated
see
supra
provides
illegitimate
children
child
illegitimate
consent
mother
alone
shall
suffice
consent
however
shall
required
mother
surrendered
rights
said
child
licensed
agency
state
department
family
children
services
section
provides
full
father
illegitimate
child
may
render
legitimate
petitioning
superior
county
residence
setting
forth
name
age
sex
child
also
name
mother
desires
name
changed
stating
new
name
praying
legitimation
child
application
mother
alive
shall
notice
upon
application
presented
filed
may
pass
order
declaring
said
child
legitimate
capable
inheriting
father
manner
born
lawful
wedlock
name
shall
known
section
mother
illegitimate
child
shall
entitled
possession
child
unless
father
shall
legitimate
provided
recognized
parent
may
exercise
paternal
power
opinion
case
georgia
indicated
word
paternal
second
sentence
provision
result
misprint
instead
intended
read
parental
see
appear
appellant
consented
entry
name
child
birth
certificate
see
adoption
petition
gave
name
child
darrell
webster
quilloin
appellant
alleges
brief
child
always
known
name
see
brief
appellant
appellant
notified
state
department
human
resources
adoption
petition
filed
application
randall
walcott
adoption
child
adoption
case
super
july
app
sections
silent
appropriate
procedure
event
petition
legitimation
filed
adoption
proceeding
already
initiated
prior
decision
stanley
illinois
without
consideration
potential
constitutional
problems
georgia
concluded
unwed
father
petition
legitimation
mother
consented
adoption
smith
smith
cf
clark
buttry
app
however
georgia
occasion
reconsider
conclusion
light
stanley
face
appellant
constitutional
challenge
trial
evidently
concluded
concurrent
consideration
legitimation
adoption
petitions
consistent
statutory
provisions
see
also
tr
hearing
superior
app
infra
appellant
duty
support
child
reasons
appearing
record
mother
never
brought
action
enforce
duty
since
ever
ordered
appellant
support
child
denial
veto
authority
adoption
justified
ground
willful
failure
comply
support
order
see
supra
addition
darrell
appellees
family
included
son
born
several
years
appellees
married
mother
testified
darrell
visits
appellant
unhealthy
effects
children
child
also
expressed
desire
continue
visit
appellant
occasion
adoption
child
desire
adopted
however
given
effect
georgia
law
without
divesting
appellant
parental
rights
might
otherwise
acquire
including
visitation
rights
see
addressed
constitutionality
statutes
applied
trial
thus
least
purposes
case
accepted
trial
construction
allowing
concurrent
consideration
adoption
legitimation
petitions
see
supra
subsequent
decision
case
georgia
legislature
enacted
comprehensive
revision
state
adoption
laws
became
effective
january
laws
new
law
expressly
gives
unwed
father
right
petition
legitimation
subsequent
filing
adoption
petition
concerning
child
see
code
revision
also
leaves
intact
carries
forward
substance
thus
appellant
received
greater
protection
new
law
actually
afforded
trial
last
paragraph
brief
appellant
raises
claim
statutes
make
distinctions
violate
equal
protection
clause
since
claim
presented
appellant
jurisdictional
statement
consider
rule
see
phillips
chem
dumas
school
hearing
trial
following
colloquy
took
place
appellees
counsel
appellant
made
effort
prior
time
prior
instant
proceedings
eleven
years
darrell
life
legitimate
know
process
even
went
sic
app