Legal Question in Family Law in Georgia

Illegitimacy

My son is 6 and his father and i were never married. He has neve paid support or legitimized his self. He has only in the past 3 mo went to the cse office to start child support and to get a DNA test, which proved him the father. If I were to unexpectedly die, could I have it in my will that my child go to my father? I m also married now and was wondering if my husband could adopt my son with out my sons biological fathers consent? And last, how does the legitimation process work, and can I fight it?


Asked on 10/13/03, 3:00 am

1 Answer from Attorneys
Pearlie Bush

Re: Illegitimacy

In Georgia, until the father legitimates a child born out of wedlock he has no rights to the child. Only the father can legitimate and you can object to the legitimation once he files. Your spouse can petition the courts for a step-parent adoption. If more information is needed, feel free to contact my office.

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Answered on 10/14/03, 3:11 pm


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