Georgia's proposed legislation would allow fathers say in out-of-wedlock parenting

Dominique Huff

The Georgia State University Signal

(U-WIRE) ATLANTA -- That is just my baby's father! That is just my baby's mother! While these may seem like the words of the 1997 hit rap song, "That's just my baby's mama", this is reality for many young parents having children out of wedlock.

Oftentimes, you hear about the father not stepping up to the plate, but what happens you have a mother that does not want to be a parent but the father does?

Meet Rashad Head.

A young man who engaged in premarital sex wants to be a father but his child was given up for adoption without his knowledge or consent. While many advocate for the mother, very few advocate for the father. Rep. Ron Sailor, Jr. wants to change this.

Sailor pre-filed legislation entitled Rashad's Law, which would require a mother to notify the father of her child if she plans to give the child up for adoption. She would then be allowed to relinquish her rights as a mother and place the child for adoption. If the father objected to the placement for adoption, he would then be granted custody of the child.

"My legislation is going to ensure that when a mother wants to terminate her parental rights, she has to contact the father in writing," he explained. "In the state of Georgia, there is a small loophole that does not designate the father as the second in command for custody. In Rashad's case, he was never notified that the child was given up for adoption."

The law states that the notice must be sent via certified mail or overnight mail. The biological father will be awarded attorneys fees and expenses of litigation if custody is transferred in violation of the proposed law. Sailor asserts that current law is unclear and imprecise on the rights of fathers who want to do the right thing and care for their children. "It is amazing to me that the law is silent on the rights of the father. I do not want to take anything from the rights of the mother," he said.

"What we are saying that if the mother does not want to take part in the life of a child, we want the father to be able to have a right." As a pastor, Sailor advocates abstinence and encourages teenagers to wait to have sex until they are married. In the case of Head, Sailor promotes responsibility. "In this case, a child was born and Rashad wants to be a dad and take care of his responsibility," he added. "I think he should have the opportunity to do so."

Sailor is a democrat and considers his legislation non-partisan and "simply the right thing to do." "We need fathers to be present and we should encourage fathers to play a role in the lives of their children," he said. "I simply believe that by promoting responsibility, we will be able to work through any hurdles that may arrive. We are making it possible for men who want to be responsible to do so."

In regards to Head, his case is currently being heard before a Gwinnett County Superior Court judge. He has one attorney working on a pro-bono basis. The out-of-state couple that has adopted Head's child has hired law firms in both Florida and Georgia to fight the case. "The sad thing is that this law maybe too late to help Rashad Head, but we want to be able to help out other Georgia fathers that want to take care of their children," he concluded. "His case is one that happens over and over again in Georgia."