(Citation and punctuation omitted.) Sellers v. Sellers, 277 Ga. App. 814 ( 627 SE2d 882) (2006). We do not weigh the evidence or assess witness credibility, but defer to the trial court's factual findings and affirm unless this standard is not met. Davis v. Rathel, 273 Ga. App. 183 ( 614 SE2d 823) (2005).
It follows that the clear and convincing standard of proof necessarily applies to all allegations made in support of a petition for adoption filed pursuant to OCGA § 19-8-10, regardless of whether the petition is filed under subsection (a) or subsection (b). See OCGA § 19-8-10 (b) ; Thorne , 259 Ga. at 651, 386 S.E.2d 155 ; see also In the Interest of Marks , 300 Ga. App. 239, 245-46 (2) (b), 684 S.E.2d 364 (2009) (applying a "clear and convincing" standard to the OCGA § 19-8-10 (b) analysis); Smallwood v. Davis , 292 Ga. App. 173, 175 (1), 664 S.E.2d 254 (2008) (same); Sellers v. Sellers , 277 Ga. App. 814, 816-17 (1), 627 S.E.2d 882 (2006) (same). Apart from a single reference to OCGA § 19-8-10 (b) (2), the petition in this case was devoid of any factual allegations "demonstrating the applicability" of that statute, as required by the express language of OCGA § 19-8-13 (7).
On appeal from an order severing parental rights based on an adoption petition, we view the evidence in the light most favorable to the trial court's findings and determine whether a rational trier of fact could have found by clear and convincing evidence that the biological parent's rights have been lost. Sellers v. Sellers, 277 Ga.App. 814, 627 S.E.2d 882 (2006). Viewed in favor of the trial court's findings, the evidence shows that Smallwood and William Davis are the biological parents of A.E.D., who was born on October 17, 1998.
McCollum v. Jones, 274 Ga. App. 815, 821 (3) ( 619 SE2d 313) (2005).Sellers v. Sellers, 277 Ga. App. 814, 817 (1) ( 627 SE2d 882) (2006). See In the Interest of T. B., 267 Ga. App. 484, 487 (1) ( 600 SE2d 432) (2004); In the Interest of T. C., 282 Ga. App. 659, 662 (1) ( 639 SE2d 601) (2006).