Legal Question in Family Law in Georgia

Paternity/legitimation

If a child was conceived prior to the devorce being final, not with the husband. 1) How is legetimation determined once the divorce is final and the two parents get married to eachother? No father is listed on the birth certificate. 2) What steps should be taken to have the father aded to the childs birth certificate and have the child's last name changed to that of the mother and father's since they are now married? All parties reside in GA. and in the same county.


Asked on 9/19/08, 11:52 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Paternity/legitimation

Hopefully you resolved this in the divorce, as if you did not, the man you divorced IS the father unless you find some way to reopen the divorce. Discuss this with the lawyer who handled your divorce. Your divorce papers should say the other man is the father and address paternity. You need to see a lawyer ASAP.

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Answered on 9/19/08, 12:09 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: Paternity/legitimation

The parties should not have been allowed to divorce if the wife was pregnant, therefore, there appears to be fraud unless it was addressed in the divorce. However, if two people are married when a child is born the legal presumption is that the child is that of the married parents, subject to rebuttal. Generally, to amend a birth certificate and get a name change you will have to file the appropriate action in superior court. The best thing to do is to consult an attorney and discuss the situation with them.

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Answered on 9/19/08, 1:49 pm


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