In the state of Georgia, a father must file for legitimation to establish legal rights to his child if he is not married to the mother. Only the biological father may do this, and it creates a father-child relationship in the eyes of the law. Benefits of legitimation include the ability for the father to be listed on the child’s birth certificate, it confers the child’s right to inherit from the father, and allows the father to assert and enforce his visitation and custody rights under the law.
Paternity must be proven by clear, cogent, and convincing evidence and if the child is over 3 years of age or if the paternity action is brought within a year of the father’s death in a contested case, there must be evidence of blood or genetic marking to prove paternity.
Whether you are a father seeking legitimation or mother seeking the proof of paternity, get in touch with Chambers Family Law to receive the best professional advice on how to proceed with this important issue.