Legitimation in Georgia is a very important process if, as a father, you wish to have the rights and decision-making power over your children born outside of marriage.
The laws in Georgia are very strict regarding issues related to minors and the protection of their rights. These laws always seek to ensure the care of children and for their rights not to be violated.
As a father, you should know that if you have children outside of marriage, you do not acquire rights over them, unless you undergo a legitimation process in Georgia.
In this blog, we want to instruct you about the legitimation process in Georgia, how it works, what benefits it brings for the father and the children, as well as, what requirements must be met in order to file a petition.
What is legitimation in Georgia?
Legitimation is the legal procedure that allows recognizing a father as the legal father of a child who was born outside of marriage.
It’s important to understand that according to the laws of Georgia, for children to be automatically recognized as legitimate, they must be conceived and born within the marriage.
For this rule, there are particular cases in which legitimation in Georgia is automatically established for the parents. These cases are:
- If the child was conceived within the marriage, but the couple divorces before the child's birth.
- If the child was born out of wedlock, but the couple marries afterward.
Therefore, if children were born out of wedlock and the parents never married, the father does not have the same legal rights over his kids and must undergo a legitimation process in Georgia.
What actions do not legitimize a child?
As we explained, for children to be legitimate, they must have been born within marriage or the parents must have married after their birth.
Without marriage, the father cannot declare himself legitimate of his child, even if he has been proven to be the biological father, the mother acknowledges and testifies to him as the father, and even if he signs the birth certificate.
It’s relevant to note that even if you are not declared legitimate as a father, you are still responsible for child support. Child support is an obligation you must fulfill to ensure the proper development of the kid, but it is not a reason for you to be automatically granted legitimation in Georgia; these are separate procedures.
Requirements to file a petition
In most cases, before initiating a legitimation process, it is necessary to verify that the father is the biological parent of the child. For these cases, a DNA test can be requested to confirm this relationship.
Once the parentage is verified, the father can petition the court for legitimization, where the judge will review the case and determine if granting legitimization is viable. For these cases, it is highly recommended to have the assistance and support of expert family law attorneys.
Please note that filing the petition does not guarantee its approval. The family judge is responsible for determining the viability of the case, always seeking the welfare 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 of his kids, allowing him to express opinions and make decisions about them.
It also allows him to acquire visitation rights in case there is a separation between the parents.
Finally, children acquire the right to inherit from their father, which means they can be included in the wills created by him or, in the absence of a will, they can participate in the assets distribution.
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’s not within the plans of the couple, it’s advisable to start a legitimation process once your son or daughter is born.
If you need help with a legitimation process, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.
