WHAT IS A “LEGITIMATION”?
Legitimation is a legal action that is the only way, other than by marrying the mother of a child, that the biological father of a child born in the State of Georgia may establish legal rights to his child.
WHO MAY FILE FOR LEGITIMATION?
Only the biological father of a child may file a petition seeking to legitimate his child.
WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?
An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child. If you are already listed on the child's birth certificate as the father, but you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child. Effective July 1, 2005, requests for custody and/ or visitation may be included in your petition for legitimation.
WHERE SHOULD THE PETITION BE FILED?
The Petition for Legitimation must be filed in the mother’s county of residence or in the county where any other person who has legal custody or guardianship resides. If there is an adoption pending, then the Petition can be filed in the county where the adoption was filed. An exception to where the action must be filed occurs if the mother of the child is deceased and there is no other legal custodian or guardian of the child. Another exception occurs when the mother has disappeared and must be served by publication but the minor child is living with you. In each of those cases, the action may be filed in the county where you live.
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