Legitimation is what turns a biological father into a legal father, and being the biological father is not enough on its own.
What the Order Says
Under OCGA 19-7-22(d)(1), after a hearing the court “may issue an order declaring the biological father’s relationship with the child to be legitimate, provided that such order is in the best interests of the child.” A man who has legitimated his child that way is a “legal father” under OCGA 19-7-22(a)(2)(D).
The Father Becomes a Parent, Not a Visitor
Legitimation puts the father on the same legal footing as any other parent. In Davis v. LaBrec, 274 Ga. 5 (2001), a man obtained a legitimation order for a child who turned out not to be his biologically. When the biological father later sued to undo it, the Georgia Supreme Court held that the legal father “stands in the same position as any other parent and possesses the same custodial rights with respect to the child.”
That difference is visible inside a single case. In Baskin v. Hale, 337 Ga. App. 420 (2016), a father had legitimated one of the children he was raising and was awarded primary physical custody of him. As to the mother’s daughter, whom he had never legitimated, the Court of Appeals reversed the custody award outright.
Custody, Visitation, and Inheritance
A legitimation petition may also include claims for “visitation, parenting time, or custody,” which the court decides on the best interests standard. OCGA 19-7-22(g). And once the order is entered, father and child “shall be capable of inheriting from each other in the same manner as if the child was born in lawful wedlock.” OCGA 19-7-22(d)(1).
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!