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Does the Father of a Child Have Rights?

What Rights Does a Father Have?

In the state of Georgia, the father of a child born to unmarried parents has no legal rights to his child until a Legitimation action is filed. It is a common misunderstanding that a father's name on the child's birth certificate has legal significance. In reality, the father's name on the birth certificate has very little importance.

Legitimation Process

If a biological father is not married to his child's mother, he must file for Legitimation in order to establish a legally recognized relationship with his child. The Petition for Legitimation will be filed by the father in the Superior Court of the county where the mother and child reside.

In a Petition for Legitimation, a father may seek decision-making abilities concerning the child and custody or visitation time with his child. If the child does not share the father's last name, the father may request for the child to take his last name in his Petition for Legitimation. Through the Legitimation proceeding, the Court should also establish the father's duty for support of the child pursuant to Georgia's Child Support Guidelines.

As with any legal proceeding, the parties are encouraged to discuss the issues and come to an agreement on the terms, if possible. If the parties cannot agree, the case will proceed to a court hearing where both parties will present evidence and a judge will make a decision on the matter.

The Court will make a decision on the issues present in the case based on a standard of what is in the best interests of the child. Once the Court's Order declares child legitimate, the father's rights are legally recognized.

Legal Significance of Legitimation


There are several reasons a biological father may want to Legitimate his child. Most commonly, a father will want to establish a legally recognized relationship with his child, where he has a legal right to parenting time and may share his last name with his child. Until a child is legally declared legitimate by a Georgia Court, the child cannot legally inherit from the biological father.

Written by: Rebekah Ann James

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