Parental Rights in Georgia

Georgia Parental Rights News

Parental Rights Returning to Congress

By Parental Rights Foundation • June 4, 2025
This week, the Parental Rights Foundation team is on Capitol Hill, working to reintroduce the Parental Rights Amendment to the U.S. Constitution (PRA). We’re visiting congressional offices representing Florida, North Carolina, and Virginia, and pointing key congress members to our new lead sponsor in the U.S. House, Rep. Mary Miller (R-IL). Please note that we… The post Parental Rights Returning to Congress appeared first on Parental Rights Foundation.

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Georgia State Law

Protected!


Georgia state law explicitly defines and protects parental rights as fundamental rights.


The Official Code of Georgia Annotated was updated with the signing of HB 1178 into law by Governor Kemp on April 28, 2022.

The law now states:

No state or local government entity, local board of education, or any officer, employee, or agent thereof may infringe on the fundamental rights of a parent to direct the upbringing and education of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by less restrictive means.

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Georgia Courts

Unclear


Clark v. Wade, 544 S.E.2d 99, 104 (GA. 2001): "In considering the constitutionality of the Georgia statute on parent-third party custody disputes, there are two relevant lines of cases. One involves the termination of parental rights, which have usually required a showing of parental unfitness before ending the parent-child relationship.[27] The other involves third-party visitation rights, which have historically considered the best interests of the child."


The passage of the Parents' Bill of Rights in 2022, however, should lend clarity to the courts in favor of fundamental parental rights moving forward.