Legitimation/Paternity

In Georgia, if a child is conceived and born out of wedlock, that child must be legitimized. Georgia is one of only two states that require this process – something many fathers do not know. Legitimation is a process by which a biological father establishes his rights as parent to the child and ensure that the child can inherit from him. A legitimation action can also include seeking custody and parenting time. Only a biological father can file for legitimation. The law recently changed such that DNA testing is required in all legitimation actions.

Paternity is an action filed by the biological mother to establish an order for a biological father, not her husband, to pay child support. A paternity action is solely for the financial support of the minor child and will not establish any rights for or in the father as to custody or parenting time. DNA testing will be required to establish paternity.