Paternity In Georgia: Establishing Legal Fatherhood

When a child is born in the state of Georgia, the question of who is a “legal father,” not just a biological one, is vitally important. For unmarried parents, or for fathers who weren’t married to the child’s mother at birth, the process of establishing paternity is the first essential step toward legal rights, obligations, and a meaningful relationship with the child.

Whether you are a mother trying to secure support, a father seeking legal recognition and involvement, or a parent trying to protect your child’s rights, this guide will take you through everything you need to know in everyday language, grounded in Georgia law, and focused on how parents actually experience this process.

What Does “Paternity” Mean In Georgia?

In Georgia, paternity refers to the legal recognition of a father’s relationship to a child. Simply being the biological father is not always enough to grant legal rights such as custody or visitation. The statute allows courts to determine paternity under O.C.G.A. § 19‑7‑43 and related laws.

Once paternity is established, the father becomes legally responsible for child support, but he may also gain the ability to seek custody or visitation if the process of legitimation is completed. This distinction is crucial: establishing paternity is the first step; securing legal fatherhood (and rights) may require additional legal action.

Why Establishing Paternity Matters

When legal fatherhood is in place, children benefit from a stronger connection to both parents, which research shows supports better emotional, academic, and social outcomes. For mothers and custodial parents, paternity opens the door to child support and other benefits. For fathers, it means the opportunity to form a relationship, be recognized on the birth certificate, and be involved in important decisions.

In addition, if paternity isn’t established, a child may miss out on important benefits such as inheritance, a father’s benefits through Social Security, or proper legal recognition of their family structure. Georgia’s official paternity establishment guidelines reflect this: “children who have relationships with both parents … are more likely to have good physical and emotional health.”

Primary Methods For Establishing Paternity In Georgia

In Georgia, there are three primary ways a father can have legal fatherhood recognized:

1. Presumption By Marriage – If the mother is married at the time of the child’s birth (or within the usual period of gestation), the husband is presumed to be the father.

2. Voluntary Paternity Acknowledgment (PA) – Unmarried parents can sign a PA form at the hospital after birth or later through the Georgia Vital Records office.

3. Court Order Or Administrative Determination – If paternity is contested, the mother, father, or relative may petition the court (or the administrative body) under O.C.G.A. §§ 19-7-40 through 19-7-46 to establish paternity.

Each method has different implications. For example, signing a PA form alone establishes biological fatherhood and a birth certificate listing, but it does not automatically give custody or visitation rights unless legitimation is pursued.

Step-by-Step: Signing A Voluntary Paternity Acknowledgment

When the father and mother agree, the simplest route is the Voluntary Paternity Acknowledgment. Here’s how it generally works:

• At the hospital, when the child is born (or shortly after), both parents may complete the form.

• If not at birth, the PA form can be completed later at the State Office of Vital Records or the county Vital Records office.

• Form must be notarized and then filed with Vital Records; the father’s name is added to the birth certificate and the state’s Putative Father Registry.
• Either parent has 60 days to rescind the acknowledgment. After that window closes, the PA is legally binding unless fraud, duress, or a material mistake is proven.
• Even after acknowledgment, a father may need to file for legitimation if he wants full parenting rights.

It’s quick and efficient, but only when both parents agree. If the father or mother contests paternity, or the mother was married to another man within ten months before the child’s birth, court action may be required.

When Paternity Is Contested In Georgia

If the father, mother, or a relative believes paternity has not been properly established or a wrong person is listed as father, Georgia law allows for a contested determination under statutes such as O.C.G.A. § 19-7-40.

Procedurally:

• A petition is filed in the correct county (child’s residence or father’s residence).

• The court or administrative hearing may order genetic testing (DNA) to determine biological fatherhood.

• Once paternity is established, child support obligations may begin, and the father’s name may be added to the birth certificate.

• Note: Establishing paternity is separate from giving the father custody or visitation rights—that requires a separate action (legitimation).

What Is Legitimation

Even once paternity is established, the next step for a father who wants full legal rights (custody or visitation) is legitimation. Under O.C.G.A. § 19‑7‑22 the biological father can petition for legitimation, which grants legal fatherhood status equivalent to that of a father married at the time of birth.

Key points about legitimation:

• The petition must be filed in the county where the child lives, or where the father resides, or the mother resides under certain conditions.

• The mother must be named as a party, and the child’s birth certificate can be changed as part of the order.

• The court decides whether legitimation serves the best interests of the child (rather than simply the father’s desires).

• Without legitimation, even a biological father may not have legal custody or visitation rights—only support obligations.

Understanding this two-step process (paternity first, then legitimation) is key.

Frequently Asked Questions About Paternity In Georgia

How Your Parenting Plan May Be Affected

If fatherhood and especially the localization of fathers’ rights are established, then the child’s parenting plan may be updated or established for the first time. In fact, building or modifying a parenting plan is closely connected to what we discussed in our previous article, Parenting Plans in Georgia: What Parents Need to Know.

Similarly, if relocation or move-away issues arise, those are covered in our guide Relocation (“Move-Away”) Cases in Georgia.

How Modern Family Law Supports Georgia Parents With Paternity Cases

Establishing paternity and securing legal fatherhood in Georgia can feel overwhelming, especially when emotions are involved. But the process is vital for the child’s security, for a father’s rights, and for the family’s future.

At Modern Family Law, we help parents navigate every step: from signing the acknowledgment, to filing for legitimation to drafting or updating parenting plans, and ensuring your rights and your child’s best interests are fully protected. You don’t have to go through it alone.