Fathers in Georgia: Know Your Rights — Understanding Paternity and Legitimation

SWGA Self Help Center
May 6
4 min read

In Georgia, many fathers don’t realize that simply being the biological father of a child does not give them legal rights—especially if the child was born outside of marriage. This misunderstanding can have serious emotional and legal consequences for both the father and the child.

If you're an unmarried father in Georgia—or know someone who is—this guide is for you. We're breaking down what paternity and legitimation mean, how they affect your rights, and what steps you need to take to secure your relationship with your child under Georgia law.

💡 Why This Matters: The Hidden Truth About Fathers' Rights in Georgia

Under Georgia law, a biological father does not have automatic legal rights to his child if he was not married to the mother at the time of birth. That means:

No legal right to custody or visitation.
No decision-making authority (e.g., schooling, medical).
The mother has full legal custody—even if both parents are actively raising the child together.

This remains true even if the father is listed on the birth certificate or has established paternity.

🔍 Part 1: What Is Paternity?

Paternity is the legal acknowledgment of a man as the biological father of a child. In Georgia, establishing paternity means the father has a legal obligation to financially support the child—but it does not give him any parental rights unless further steps are taken.

⚖️ Ways to Establish Paternity in Georgia:

By Marriage: If the mother and father are married at the time of birth, the husband is automatically presumed to be the father under O.C.G.A. § 19-7-20.
Voluntary Acknowledgment: Unmarried parents can sign a Voluntary Paternity Acknowledgment Form at the hospital or later through the State Office of Vital Records. This becomes legally binding after 60 days unless revoked or contested for fraud or mistake (O.C.G.A. § 19-7-46.1).
Court-Ordered Paternity: Either parent (or the child through a guardian) can file a petition to establish paternity, which may include DNA testing ordered by the court (O.C.G.A. § 19-7-43).

🔸 Important Note: Establishing paternity only creates a financial obligation—it does not give the father custody or visitation rights.

🔐 Part 2: What Is Legitimation?

Legitimation is the process by which a biological father becomes a legal parent in the eyes of the law, giving him:

Custodial rights
Visitation rights
The ability to participate in decisions about the child’s life
The right for the child to inherit from the father

Without legitimation, the biological father has no legal standing to request custody or visitation.

⚖️ How to Legitimate a Child in Georgia:

Under O.C.G.A. § 19-7-22, an unmarried father must:

File a Petition for Legitimation in the Superior Court in the county where the child or mother resides.
Notify the child’s mother, who has the right to contest the petition.
Appear in court, where the judge will determine whether legitimation is in the best interest of the child.
If granted, the court may also address custody and visitation rights at the same time.

📝 Quick Breakdown: Paternity vs. Legitimation

	Paternity	Legitimation
What It Does	Identifies the legal father for child support purposes	Gives the father legal parental rights
How to Get It	Voluntary acknowledgment or court order	Petition in Superior Court
Gives Custody?	❌ No	✅ Yes (if granted)
Gives Visitation?	❌ No	✅ Yes (if granted)

🏛️ Understanding the Legal and Judicial Process

If you need to establish paternity and/or legitimation through the courts:

Step 1: File a Petition
- For paternity: File under O.C.G.A. § 19-7-43
- For legitimation: File under O.C.G.A. § 19-7-22
Step 2: Serve the Other ParentLegal notice must be given to the other parent (typically the mother).
Step 3: Attend Court HearingsBoth parents may present evidence. For legitimation, the court must determine if the father's involvement is in the best interest of the child.
Step 4: DNA Testing (if needed)In contested paternity cases, the court may order genetic testing.
Step 5: Final OrderOnce granted, paternity or legitimation is legally binding. Custody, visitation, or child support arrangements may also be included.

👨‍👧 Why Fathers Should Act Early

Waiting to establish legitimation can lead to:

Limited or no access to your child if the mother moves, remarries, or denies contact.
No legal say in decisions affecting your child.
Legal complications if the child needs government benefits, inheritance rights, or emergency medical decisions.

✅ Checklist for Georgia Fathers: What You Can Do Now

✔️ Confirm if you're on the birth certificate

✔️ File a Voluntary Paternity Acknowledgment, if not done already

✔️ Talk to an attorney or legal aid about filing for legitimation

✔️ Keep records of involvement with your child (visits, financial support, etc.)

✔️ Know your rights and be proactive in securing them

📌 Georgia Code References

Paternity by Marriage: O.C.G.A. § 19-7-20
Voluntary Acknowledgment of Paternity: O.C.G.A. § 19-7-46.1
Petition to Establish Paternity: O.C.G.A. § 19-7-43
Petition for Legitimation: O.C.G.A. § 19-7-22

Final Thoughts: Supporting Families and Fathers' Rights

Too many fathers in Georgia lose out on building a meaningful relationship with their children—not because they don’t care, but because they didn’t know the law. Understanding and acting on paternity and legitimation is key to ensuring both parents can play active, supportive roles in a child's life.

If you or someone you know is an unwed father in Georgia, share this information. Legal rights don’t just happen—you have to claim them.