Full question:
I Received a phone call last week of a woman claiming to be my child she is now 29 years old. She told me she lived thinking another man was her father until the age of 13 then she was told I was the father, I have only minor recollection of the woman ( I was 17 at the time) she claims is her mother and can only put myself with in a 4 month window. I saw her photo on facebook and she does have a remarkable resemblance of my sister. I introduced her to my family as my possible daughter and gave her family information. My mother then told me of an email she received a few days prior to my revelation threatening court action. I agreed to a paternity test. My question is what legal action can she take if the test comes back positive.
- Category: Paternity
- Date:
- State: Georgia
Answer:
If the parents were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established. A name on a birth certificate is not conclusive proof of paternity. States typically allow parents to acknowledge paternity until the child turns eighteen through designated offices. A father can establish paternity by signing a voluntary acknowledgment or by filing a civil lawsuit. Most states allow a father to execute an affidavit acknowledging paternity, which can eliminate the need for court action. This affidavit must be signed by both parents, notarized, and filed with the court. Once filed, a father generally cannot rescind the affidavit.
A court will not automatically order a paternity test just because a petition has been filed; it will review the petition to see if there is enough information to justify the test. If ordered, the mother, child, and alleged father will be tested at a designated facility. In Georgia, for an unwed father to gain parental rights, he must file a legitimation action in court or both parents can sign a voluntary acknowledgment of legitimation. This legitimation legally recognizes the father and grants the child rights to inherit from him. Through a legitimation action, the father can also seek custody or visitation rights.
In Georgia, custody of a child born out of wedlock remains with the mother unless the father legitimates the child through court action or a signed acknowledgment. Even if the father’s name is on the birth certificate, he has no legal rights to custody or visitation without legitimation (Ga. Code § 19-7-22). If paternity is established, the father may have obligations for child support until the child reaches the age of majority or becomes emancipated (Ga. Code § 19-6-15). Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.