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Legitimation of Biological Child

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pollitazul

New member
What is the name of your state? GA

In 2008, I gave birth to a child in the State of Georgia. At the time I was married, albeit separated, to another man who is not the father of my child. The biological father and I got married a couple of years later. We have been residing oversees all these years and until now, have not had the chance to look into the legitimation of our child. Georgia law addresses only parental legitimation for parents who are not married. I would assume it is the same procedure for married parents. Would that be a correct assumption? Thanks for your input.
 


LdiJ

Senior Member
What is the name of your state? GA

In 2008, I gave birth to a child in the State of Georgia. At the time I was married, albeit separated, to another man who is not the father of my child. The biological father and I got married a couple of years later. We have been residing oversees all these years and until now, have not had the chance to look into the legitimation of our child. Georgia law addresses only parental legitimation for parents who are not married. I would assume it is the same procedure for married parents. Would that be a correct assumption? Thanks for your input.
Who is listed on the child's birth certificate as the father? Your ex, no one, or the actual father?
 

LdiJ

Senior Member
Hi. No one. The father is listed as "unknown".
Ok, then in order to have to proper father listed on the BC you would need to go through the legitimization process. Had he been listed on the BC it really wouldn't have been necessary since you do not live in Georgia. Yes, its going to be the same process. While you are married now you were not when the child was born.
 

pollitazul

New member
Ok, then in order to have to proper father listed on the BC you would need to go through the legitimization process. Had he been listed on the BC it really wouldn't have been necessary since you do not live in Georgia. Yes, its going to be the same process. While you are married now you were not when the child was born.
Thank you!
 

Zigner

Senior Member, Non-Attorney
There is no way that an adoption would be easier than adding the father to the BC.
First of all, regardless of what's on the birth certificate, the child has a legal father. Adding to that is the fact that the birth certificate application was completed fraudulently. This is a mess for the OP. While an adoption might not be easier, legitimation certainly is not going to be easy.

ETA: To be fair, it's possible that disestablishment of paternity occurred during the divorce.
 
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LdiJ

Senior Member
First of all, regardless of what's on the birth certificate, the child has a legal father. Adding to that is the fact that the birth certificate application was completed fraudulently. This is a mess for the OP. While an adoption might not be easier, legitimation certainly is not going to be easy. .

ETA: To be fair, it's possible that disestablishment of paternity occurred during the divorce.
That was my assumption. It would have been rather foolish of all of the parties for that not to happen. I also suspect that the divorce was somewhat started at the time that she gave birth, which might account for no father being placed on the BC at all.

Also, I do not believe that it is fraudulent to put no father on the BC in GA in a scenario like this one.
 
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Zigner

Senior Member, Non-Attorney
That was my assumption. It would have been rather foolish of all of the parties for that not to happen. I also suspect that the divorce was somewhat started at the time that she gave birth, which might account for no father being placed on the BC at all.

Also, I do not believe that it is fraudulent to put no father on the BC in GA in a scenario like this one.
If they were married, then the legal father should have been put on the BC.
 

Ohiogal

Queen Bee
WHERE DOES THE OP CURRENTLY LIVE? She said she has been living overseas for several years... and doesn't say where she currently is..
 

LdiJ

Senior Member
If they were married, then the legal father should have been put on the BC.
That is the standard party line here.

However, it is permissible, in many states, for no father to be placed on the BC at all, if the husband is not the biological father. I am pretty sure that GA is one of those states. Now, that doesn't mean that the divorce needn't address the fact that the child is not of the marriage, but it is permissible.
 

Zigner

Senior Member, Non-Attorney
I am pretty sure that GA is one of those states.
Please stop guessing:

https://law.justia.com/codes/georgia/2010/title-31/chapter-10/31-10-9

...

(e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows:

(1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered;
 

LdiJ

Senior Member
Please stop guessing:

https://law.justia.com/codes/georgia/2010/title-31/chapter-10/31-10-9

...

(e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows:

(1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered;
And then, later on down that same statute it says:

...

(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate

...

Therefore, GA clearly allows for no father to be listed on the BC.
 

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