A Primer on Paternity and Legitimation in Georgia

All children born in wedlock are considered legitimate. In Georgia, only the mother of a child born out of wedlock is entitled to custody of the child unless the father legitimates him. If a father wants to gain the right to custody or visitation, he must take the steps to legitimate the relationship between himself and the child. There are a few ways for biological father to legitimate the relationship.

If a child is born out of wedlock but the parents later marry, the marriage renders the child legitimate and the child shall immediately take the surname of his father. O.C.G.A. § 19-7-20.

Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been. A voluntary acknowledgment of legitimation shall not be recognized if (1) The mother was married to another man when the child was born, (2) The mother was married to another man at any time within the usual period of gestation, (3) There is another legal father, (4) The mother has voluntarily and in writing surrendered all of her parental , (5) The mother has signed a voluntary acknowledgment of legitimation with another man, or (6) The child is one year of age or older. In any event, a voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation.

After the child's first birthday, the easiest way for a child born out of wedlock to become legitimated (other than the marriage of the parents) is for the parents to sign an "acknowledgment of legitimation", which is a written statement containing a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. O.C.G.A. § 19-7-21.1.

A father of a child born out of wedlock may also render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother. The petition for legitimation may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation, parenting time, or custody based on the best interests of the child standard. O.C.G.A. § 19-7-22

Remember, whether or not a child born out of wedlock is legitimated, it is the joint and several duty of each parent to provide for the maintenance, protection, and education of the child until the child reaches the age of 18 or becomes emancipated, except to the extent that the duty of one parent is otherwise or further defined by court order. O.C.G.A. § 19-7-24. In other words, the child has a right to be supported by both parents regardless of whether the father has any custodial rights to the child.

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