Legitimize a Child in Georgia
Legitimizing a child born out of wedlock in Georgia requires the marriage
of the child’s biological parents, or by filing a petiton to legitimize
the father’s right to the child in superior court within the mother’s
residential area.
When a child is born out of wedlock in Georgia, the father may be required
to undergo a
paternity test to prove that the child is his own. A biological connection is not
considered a legal connection to a child, however. Fathers in Georgia
will also need to use
legitimation to gain legal rights only attributed to fathers, and for the child to
eventually gain their own specialized rights later on.
If the mother was married to someone who is not the bilogical father at
the time of birth, it is known that the mother’s husband is not
the child’s biological father, he does not have paternity rights,
but has legitimation rights. A child’s biological father can also
complete legitimation by signing an acknowledgement of legitimation in
the hospital shortly after the child is born; this is generally signed
and filed with acknowledgement of paternity.
After legitimation, the following rights are established:
Child can gain inheritance from the father.
Child can access medical history from the father and the father’s family.
Child can be placed in a home belonging to a relative of the father.
Father can inherit property or monies from the child.
Father can petition for
child custody rights.
Father can request or create a
visitation schedule.
What Does It Mean to Be Born Out of Wedlock?
The defintion of “wedlock” is the simple act of being married,according to Georgia’s legal definition any child that is born while
its mother and father are not married is born ‘out of wedlock’.
A mother can give birth to a child while married, but if the mother is married to someone known not to be the father the child is still considered
to have been born out of wedlock. When a child is born out of wedlock for any reason, the biological father must use legitimation to gain legal
parentage rights.
A biological father who does not have parentage rights due to a lack of legitimation may find themselves in a legal contest with a father who
has legitimation, but not paternity. Georgia prioritizes the importance of legitimation over paternity in most cases, meaning a genetic connection
to a child will not supersede a legal or familial connection. Any challenge for legitimation will be weighed against the child’s best interests,
not that of the parents.
Lawrenceville Legitimation Legal Counsel
If you need to gain legitimation to establish the paternal rights you deserve as a child’s father, biological or not, preparing yourself for family
law court may be optimal. With the help of our Gwinnett County family law attorney from Fox Firm, P.C., you can create an argument that shows your
parentage will benefit your child in ways that the child’s mother or another father could not.
Contact us online or call 770-341-4882 today to learn more. We also serve clients
throughout Gwinnett County.