This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Georgia's law recognizes the importance of protecting the rights of presumed (putative) fathers in cases involving paternity rights. The rights of presumed fathers refer to the legal rights and responsibilities that a man has when he is believed to be the biological father of a child, even if he is not married to the child's mother. It is crucial to understand the various aspects of Georgia law pertaining to the rights of presumed fathers in order to navigate the legal complexities surrounding paternity issues. In Georgia, there are different types of presumed fathers recognized under the law. These include: 1. Genetic Fathers: A man is considered a presumed father if he can establish a biological relationship with the child. This can be done through DNA testing or other scientifically accepted means of proving paternity. A genetic father may be entitled to certain rights and obligations related to child custody, visitation, and child support. 2. Legal Fathers: In certain circumstances, a man can be recognized as a presumed father based on legal considerations rather than biological ties. This can occur if the man legally acknowledges paternity or voluntarily signs an acknowledgment of paternity (AOP), which is a legal document declaring himself as the father of the child. In such cases, the man assumes the rights and obligations of a legal father. 3. Unwed Fathers: Unmarried fathers in Georgia have the right to petition for legitimation, which is a legal process to establish their parental rights and responsibilities. If successful, an unwed father gains legal recognition as a child's father and can pursue custody, visitation, and other parental rights. Under Georgia law, the rights of presumed fathers also include the opportunity to participate in legal proceedings regarding child custody, visitation, and child support. However, it is important to note that the level of rights and responsibilities a presumed father has may vary depending on the circumstances and the legal establishment of paternity. In order to protect their rights, presumed fathers must actively engage in legal processes such as filing a legitimation petition or responding to paternity actions initiated by the child's mother or other parties. It is advisable for presumed fathers to consult with an experienced family law attorney to fully comprehend their rights under Georgia law and navigate the legal procedures effectively. Overall, Georgia law recognizes and upholds the rights of presumed fathers to be involved in the lives of their children and to assert their parental rights. Understanding the various types of presumed fathers is crucial for anyone facing issues related to paternity, custody, visitation, and child support. By staying informed and seeking legal guidance, presumed fathers can protect their rights and establish meaningful relationships with their children.
