Legal Question in Family Law in Georgia

I have a 2yr old son born out of wedlock. Our original plan was to give him up for adoption but we changed our minds last minute.

I don't have court order for child support or anything. The mother is asking me to go to the court to legitimize him so I have legal parental rights to him if anything happens to the mother.

I have signed his birth certificate when he was born at the hospital and his birth certificate does list me as the father.

Do I still need to make a court petition to legitimize him even though my name is already on his birth certificate?


Asked on 5/21/12, 3:41 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Yes, you still need to go to court. In Georgia, signing the birth certificate is NOT enough to legitimize the father. You MUST go to court and go through the formal legal process. There is no choice.

Please note: It is true that once you legitimate you will be in a position to petition for custody (full custody, joint custody, visitation, or some combination thereof) if you choose to do so, but you should also know that once you legitimate, the court may order you to pay child support if the mother so requests. You don't mention what your current relationship with the mother is, but it's possible her request is for this purpose.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 5/30/12, 5:06 pm


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