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Connecting with Your Child Through Legitimation

When a child is born outside of marriage, custody and all parental rights are awarded to the mother. Legitimation allows a biological father to seek a legal relationship with an illegitimate child. 

A law was recently passed in Georgia allowing legitimation to be filed with a paternity action. Through the combination of these actions, a father can establish both his biological and legal connection to a child. At Gillsville Law, we can help alleviate the challenges individuals and families face while trying to navigate this process.

Understanding the Benefits of Legitimation

  • A father has equal rights to a child and therefore he can petition for custody or visitation. 
  • In addition, the father’s name may be placed on the birth certificate. 
  • As a result of the legitimation, the father becomes responsible for providing child support.
  • Aside from the father receiving legal rights, the child can also obtain some legal benefits. 
  • Once a child has been legitimized, they are entitled to receive inheritance and social security benefits from the father.

Types of Legitimation

As you prepare to walk through the process of legitimation, it’s important to understand the two different types.

  • Voluntary legitimations: When both parents consent and acknowledge the legal relationship between father and child.
  • Contested legitimations: When one party does not agree, and cases will have to be made before the court. 

Legitimation can lead to a beneficial solution for all parties involved. If you are seeking to legitimize your relationship with your child or if have questions about the process, please contact us to review your case. The experience of the attorneys at Gillsville Law will ensure that you and your child receive the best outcome possible.