How to Legitimate in Georgia

For the parents of children born out of wedlock, there can seem to be a constant stream of legal loose ends to tie up.  In Georgia this is especially true due to the complications and hoops to jump for those in the process of legitimation.  

The mother of a child born out of wedlock is never question.  She carries the baby for 9 months and gives birth to him so her biological and legal rights are established without a doubt.  A child born out of wedlock, however, has no such certainties in a father where the law is concerned.  If the woman is not married, any man could potentially be the father.  Once biological paternity is established, that man could become the child's legal father but it is not guaranteed.  If the woman marries another man at any time during the pregnancy or after, he becomes the legal father of the child in question regardless of whether or not he is the biological father.  That is unless the biological father establishes himself as the legal father first.  This can be quite tricky business.  While it may seem as if the system is skewed and biased toward the mother, there is a ray of hope for biological fathers:  the law favors legitimation and does not deny it except in extreme circumstances.

In the hub entitled "Anatomy of a Georgia Petition to Legitimate", the method involving a petition from the father to the court is discussed in detail.  There are, however, other ways for an illegitimate child to gain a legal father.

1)  By Voluntary Acknowledgement

This is the easiest, simplest, and fastest way to legitimate.  Both parents must sign a Voluntary Acknowledgement of Paternity and a Acknowledgement of Legitimation.  These forms are typically available at the hospital but may be signed and filed at any time before the child's first birthday provided that the mother was not married to another man during pregnancy, another man is the legal father, the mother has either surrendered or lost legal rights to the child, and there isn't an existing acknowledgment with another man for that child.

The voluntary acknowledgement establishes the rights and privileges of a legal father such as the right to inherit from father to child and vice versa.  It, however, is not a guarantee of any sort of visitation or custody.  

2)  By Marriage

Should the mother and biological father marry, the child will automatically be legitimated.  If the mother marries another man during her pregnancy, that man becomes the legal father even though he is not the biological father.  

3) By Adoption

A step father may adopt the child, or the mother may choose to relinquish her rights and allow another couple to adopt the child from her.

4) By Petition

A biological father may petition the court for the right to become his child's legal father.  This is the lengthiest course of action but also the most thorough as it will address all the big legal issues concerning the child including both legal and physical custody, last name changes (if any), visitation, and usually (thought not always) child support.  Typically both parents will need a lawyer in this process and much paperwork must be filed by both parents in order to complete the legal action.

For child support to be included in the petition, there cannot be a pending child support enforcement action for a child that is receiving Medicaid, Peach Care, SNAP, TANF, day care vouchers, or some other government assistance.  If it is necessary to combine the legitimation for logistic or scheduling reasons, the mother may call or write the contact provided on the child support summons and the Office of Child Support Enforcement (OCSE) will evaluate the request.  OCSE prefers to stay involved in cases involving welfare in order to ensure that n adequate child support order and medical support order will be given so that welfare services can be discontinued or decreased.