Q: Can parental rights be terminated in Georgia if they are voluntary?

A: Generally a parent may relinquish his parental rights if the child is being adopted - for example, by a step-parent. Another way is if the parent abandons the child or fails to pay child support for at least 12 months. However, the latter reason is less likely as the Court uses a "best interests of the child" standard. In Georgia, the mother of a child born out of wedlock is the natural guardian of the child. You should certainly consult with an attorney to discuss your options.

A: He has no rights if he is not legitimized. That said, he still has an obligation to pay child support. If you do not pursue establishing child support, it will never be set up. However, he will still maintain the ability to later come back and legitimize the child if he chooses. The Court would apply the best interest standard at that time to determine if it is in the child's best interest for the father to be legitimized.

It is possible to terminate parental rights outside of an adoption, however, it is difficult because you have to demonstrate to the court that it is in the best interests of the child for the court to do so. It's a hard sell to say that a child doesn't need two parents, or, at the very least another person contributing money for the rearing of the child. Further, it's an even harder sell if you are trying to convince a court to terminate potential rights that have not yet been established. In this case you would basically just be asking the court to terminate your ability to receive child support, which I seriously doubt a court would do unless there is another father willing to step in to take on this responsibility.