Legitimation in Georgia is a very important process if, as a father, you wish to have rights and decision-making power over your children born out of wedlock.
Laws in Georgia are very strict when it comes to matters related to minors and the protection of their rights. These laws always aim to ensure the care of children, making sure that their rights are not violated.
As a father, you must know that if you have children outside of marriage, you do not acquire rights over them unless you go through a legitimation process in Georgia.
In this blog, we want to inform you about the legitimation process in Georgia, how it works, what requirements must be met, and the benefits it brings for both the father and the child.
What is legitimation in Georgia?
Legitimation is the legal procedure that allows a man to be recognized as the legal father of a child born out of wedlock.
It is important to understand that under Georgia law, for a child to be automatically recognized as legitimate, they must have been conceived and born within the couple’s marriage.
However, there are specific cases in which legitimation is automatically granted to the parents in Georgia. These cases are:
- If the child was conceived within the marriage, but the couple divorces before the birth.
- If the child was born outside of marriage, but the couple marries afterward.
Therefore, if a child is born outside of marriage and the parents never marry, the father does not have the same legal rights over his children and must go through a legitimation process in Georgia.
What actions do not legitimate a child?
As we explained, for a child to be legitimate, they must have been born within a marriage, or the parents must have married after their birth.
Without marriage, a father cannot declare a child as legitimate, even if he is proven to be the biological father, the mother acknowledges him and testifies as such, or even if he signs the birth certificate.
It is important to note that, even if the father is not declared legitimate, he still has the obligation to provide child support. Child support is an obligation that the father must fulfill to ensure the child’s proper development, but it is not a reason for automatic legitimation in Georgia, as these are separate legal processes.
Requirements for filing a petition
In most cases, before starting a legitimation process, it must be verified that the petitioner is the biological father of the child. In such cases, a DNA test can be requested to confirm this relationship.
Once parentage is verified, the father can file a legitimation petition with the court, where the judge will review the case and determine if granting legitimation is viable. In these cases, it is highly recommended to seek advice and assistance from attorneys experienced in family law.
Keep in mind that filing the petition does not guarantee approval. The family judge is responsible for determining the viability of the case, always prioritizing the best interests of the child involved.
Benefits of legitimation in Georgia
When a father is declared legitimate, he immediately acquires rights over the upbringing of his children. This means he has custody rights, allowing him to have a say and make decisions regarding their upbringing.
It also grants him visitation rights in case of a separation between the parents.
Finally, the child gains the right to inherit from their father, meaning they can be included in any will he has created; or, if no will exists, they can participate in the distribution of his estate.
In conclusion
Legitimation in Georgia is an important process if, as a father, you wish to have custody rights over your children.
Marriage is the most suitable procedure for obtaining these rights, but if it is not in the couple’s plans, the most advisable option is to start a legitimation process once the child is born.
If you need help carrying out a legitimation process, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case
