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Is "born out of wedlock" if the child's parents 1) were not married when the child was conceived, 2) were not married when the child was born, and 3) have not married since the child was born. A child is automatically considered legitimate if the child was born when the parents were married. If a child was conceived during the parents' marriage and they divorced before the child was born, that child is still considered legitimate. If parents marry after a child is born, that child is considered.

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No, even though you are listed on your child's birth certificate you do not have any legal or parental rights to your child in Georgia. You must still file to legitimate your child in order to have any legal rights such as visitation or custody.

The amount of time it takes to get a ruling on your legitimation petition will depend on the circumstances, including the county where you've filed the petition and whether you have a settlement agreement. In Fulton County, the court will usually schedule a hearing within about 30 days after you file your petition.

Legitimation Basics This is a way of confirming, and starting on a record (such as a birth certificate), that you are indeed the parent of a child born out of wedlock — or outside of marriage.

There are two options available to you for filing a legitimation case: (1) you can hire an attorney who will prepare your paperwork and represent you in court, or (2) you can use self-help forms such as the forms included in this packet and represent yourself in court.

Note: Parents of a child born out of wedlock may sign a PA form to establish paternity for their child at any time – there is no time limit. Effective July 1, 2008, voluntary legitimation of a child born out of wedlock must be done before the child's first birthday [O.C.G.A. § 19-7-21(a)(b)].

Legitimation can be refused if the court finds that the father has abandoned his opportunity interest, is unfit due to abuse or substance issues, or if legitimation is not in the child's best interest.

If both parents freely agree and consent that the child may be legitimated, both the mother's and father's signatures are required. The signatures must be notarized and photo identification is also required.

How Much Does It Cost to File for Legitimation? The court fee to file a legitimation petition varies from county to county in Georgia, but it's usually over $200. For instance, the fee in DeKalb County is $213 (as of September 2022).

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232