Leslie Stewart
Attorney-at-Law
Attorney Leslie Stewart
Decatur, GA 30030
ph: 678.592.8592
leslie
Legitimation 
Many people assume that a biological father is the same thing as a legal father. Not in Georgia! He may, instead, be considered a "putative" father.
Recent changes to Georgia law now allow a biological father to become a legal father by simply signing documents, often at the time of a child's birth. Prior to the child´s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate without going to court.
Both the mother and father must freely agree, consent, and sign a voluntary acknowledgment of paternity. This simplified procedure makes sense, and will greatly reduce the number of children in Georgia who lack a legal father. However, children born before 2007 will not benefit from this change in the law, so these fathers will have to file petitions in court to legitimate their children.
Why is a legal father important? Unless you are a legal father, you have no right to custody or visitation, and the child has no right of inheritance. As a practical matter, if a mother loses custody of her child to DFCS, only legal fathers are typically considered as possible placement resources, despite the fact that the Georgia Code indicates that putative fathers should be considered.
An interesting quirk in the law can sometimes result in a situation where a putative father may nevertheless be required to pay child support.
Attorney Stewart can assist biological or putative fathers in becoming legal fathers.
Legal Fathers
A legal father is defined as a male who:- has legally adopted a child;
- was married to the biological mother of that child at the time the child was conceived or born unless his paternity was disproved in a court hearing;
- married the legal mother of the child after the child was born and recognized the child as his own, unless paternity was disproved in a court hearing;
- has been determined to be the father in a paternity hearing; or
- has legitimated the child.
If none of the above circumstances apply, the father is considered a "putative" father.
In Georgia, legitimation actions can be brought by a father in juvenile court only if there is an active deprivation case. In that circumstance, there are no filing fees. Otherwise, a putative father must file a petition in Superior Court. Our law firm is familiar with practicing in juvenile courts in Georgia and can guide you through this process.
Putative Fathers
If you believe that you may have fathered a child, it is essential to register on the Putative Father Registry. The Putative Father Registry has information about any man who may be the biological father of a child. The Registry has the name, address, and Social Security number for two types of men:
(1) A man who says he is the father of a child in a signed writing;
(2) A man who registers to indicate the possibility that he is the father of the child.
A man who believes that he is or may be the biological father of a child can file that information with the Putative Father Registry.
The Registry is maintained by Vital Records. Contact:
Registry, Vital Records
2600 Skyland Drive
Atlanta, Georgia 30319-3640
(404) 679-4741If a biological father's name is on the Registry, a court may use it to require him to pay child support.
Often, the way to prove a child born outside of marriage is yours is by getting a paternity test. Attorney Stewart can answer your questions about paternity, helping you take action.
Contact Us
Contact the Law Office of Leslie Stewart to talk with us about legitimation. We can be reached at 678 592 8592. Initial phone consultations are free.
Did you know?
Recent changes to Georgia law now allow the pre-birth surrender of rights for a biological father to a child being placed for adoption. In addition, the surrender rights signed by abirth mother may be dissolved if the biological father legitimates the child and the adoption is not granted.
The biological father executing a pre-birth surrender has the right to withdraw the surrender within ten days from the date of signing, notwithstanding the date of birth of the child
What if a biological father is unable to locate his child or the mother of their child?
If the mother decides to place the child for adoption, a search will be conducted for anyone who has acknowledged paternity of the child. A biological father has the right to know about the adoption. After he knows about the adoption, he may want to become a legal parent of the child. He has 30 days after he knows about the pending adoption to file a Petition for Legitimation saying he wants to become the child's legal parent. He must also tell the court and the lawyer for the adoptive parents that he has filed the petition to become the child's legal parent. The biological father may also agree to let the child go to the adoptive parents or to a child-placing agency.
Attorney Leslie Stewart
Decatur, GA 30030
ph: 678.592.8592
leslie
