Parental Rights in Georgia

Georgia Parental Rights News

Teachers Unions Are Wrong: Parental Rights Are NOT ‘Anti-Education’!

August 3, 2022

With a nod to the country classic, “The Night the Lights Went out in Georgia,” now we are celebrating the day they came back on! On April 28, Georgia Governor Brian Kemp signed into law House Bill 1178, the Parents’ Bill of Rights, preserving the fundamental liberty of parents to direct their child’s education and…

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Georgia State Law and Parental Rights


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 and Parental Rights

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.