Legal Question in Family Law in Georgia
My son was born out of wedlock. If his father and I get married now will he be legitimized?
Asked on 3/24/10, 9:04 am
1 Answer from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Yes. Ga. code Ann. � 19-7-20 (1982) provides that "The marriage of the mother and reputed father of an illegitimate child and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father." The law does not state that the father must be shown to be the biological parent; it merely specifies that the "reputed father" must recognize paternity.
Because of the wording of the statute, it would be wise to see a lawyer after marriage to draw up paperwork that recognizes the child properly, and is signed by the father.
Answered on 3/29/10, 10:42 am