There was once a time when most children born in Georgia where the product of marital relationships. However, that has slowly but significantly changed in recent years. Parents choosing not to marry one another is a very common modern social phenomenon. The children of unmarried parents in theory enjoy the same basic rights and protections as children with married parents.
In practice, however, there can be challenges for children whose parents do not marry. For example, their fathers may not have their names included on their birth certificates. They may then have a difficult time obtaining health insurance coverage through a parent or laying claim to some of their property during probate proceedings after they die.
There are several ways for men to address their relationship with children in Georgia. Legitimation is one of the options available.
What does legitimation involve?
Married men automatically have parental rights when their wives give birth. There is a presumption of paternity that allows them to seek shared custody if they divorce and to assume control over a child’s daily life if their spouse dies.
In cases where parents did not legally marry each other, legitimation is a legal process through which the state acknowledges the father and his parental rights. Legitimation can occur through court proceedings in the state Superior court. In fact, a jury trial for legitimation is an option for some families.
Legitimation helps ensure that a father has rights and gives a child the authority to use the father’s last name. They also receive the right to insurance coverage, Social Security benefits if their father dies and inheritance rights.
Legitimation requires that a father file paperwork with the courts requesting judicial review. They provide notification to the mother, who has the option of supporting the request or contesting it. A judge can then review the situation to determine if legitimation is in the child’s best interests.
If they agree that it is, they may formally recognize the man as the child’s father. At that point, he has the same responsibilities as any other father in Georgia, potentially including the responsibility to pay child support. He can also seek shared custody and make use of his parental rights.
Legitimation is typically different than establishing paternity, although fathers may seek paternity testing as a means of validating their claim of parentage in some cases.