GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES

CHILD WELFARE POLICY MANUAL

Chapter:

(3) Legal

Policy
Title:

Establishing Paternity via

Legitimation or Paternity
Acknowledgement

Policy
Number:

3.14

Effective
Date:

December 2014

Previous
Policy #:

N/A

CODES/REFERENCES
O.C.G.A. 15-11-2, 19-7-21 and 19-7-22(a)
REQUIREMENTS
The biological father of a child (who is not the legal father) may file a petition for legitimation in
the Juvenile Court of the county in which a dependency proceeding regarding the child is
pending. If a dependency proceeding is not pending, then the biological father may file a petition
in the Superior Court of:
1. The county of residence of the mother or person who has legal custody or guardianship
of the child; or
2. If the mother, legal custodian or guardian resides outside the state or cannot be found in
the state, the county of residence of the child or the father; or
3. The county in which a petition for the adoption of a child is pending.
In addition, if a petition to establish paternity for purposes of obtaining child support is filed by
DFCS and the father files a response asking for a decree legitimating the child, the court, upon
determining paternity, may enter a decree that the child is legitimate.
The biological father and mother may complete and sign a Paternity Acknowledgement (PA)
Affidavit to establish the father-child relationship when the biological father is not married to the
mother. For a child to be rendered legitimate, an acknowledgement of legitimation along with an
acknowledgement of paternity must be signed before the child reaches the age of one (1).
PROCEDURES
When a biological father expresses a desire to legitimate his child, the Social Services Case
Manager (SSCM) will:
1. Ensure the father has been referred to the Division of Child Support Services (DCSS) as
they can complete paternity testing; (See 9.12 Eligibility: Child Support)
2. Ask the father if he completed a Paternity Acknowledgement Affidavit at the hospital or
birthing facility or at any time before the childs first birthday;
3. Obtain a copy of any Paternity Acknowledgement Affidavit and upload in External
Documentations of the GA Statewide Automated Child Welfare System (Georgia
SHINES);
4. Refer the father to his attorney, if represented, to determine whether the
Acknowledgement of Paternity included an acknowledgment of legitimation and if the
document renders the child legitimate;
5. Inform the father that he may file a petition with the Juvenile Court when a dependency

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proceeding is pending, otherwise, the father may file in Superior Court. Do not give legal
advice to the father concerning legitimating a child.
PRACTICE GUIDANCE
Paternity Acknowledgement -State of Georgia
The Paternity Acknowledgement (PA) creates certain legal rights and responsibilities for the
mother, father and child and should only be completed if the mother was not married at the time
of conception, birth or any time in between. If the mother was married, paternity must be
established through a court order. The PA is acceptable for establishing paternity unless the
Juvenile Court requires legitimization or paternity testing. The PA is also a sufficient legal
connection when placing children with extended family of a biological father.
Once the PA is completed, it will be forwarded to State Vital Records where it will be entered into
the State Putative Father Registry. If both parents do not sign the PA prior to leaving the
hospital or birthing facility, only the mothers and childs name will be entered on the birth
certificate. A PA may be completed and signed later at the Vital Records registrars office in the
county where the child was born, the State Office of Vital Records or at the county probate
judges offices. If completed at a later date, the birth certificate will be amended to enter the
name of the father. An acknowledgement of paternity and legitimation will render a child
legitimate if it is signed by both parents prior to the childs first birthday.
Acknowledgement of Legitimation
An acknowledgment of legitimation means a written statement contained in a voluntary
acknowledgement of paternity form indicating that a mother and father of a child born out of
wedlock have freely agreed and consented that the child may be legitimated.
Final Paternity Order
If a man has been determined to be the father of a child in a final paternity order issued under
Article 3 of O.C.G.A. 19-7 the man is the childs legal father.
O.C.G.A. 15-11-2 Definition of Legal Father
The Official Code of Georgia defines a legal father as a male, who has not surrendered or had
terminated his rights to a child, and who:
1. Has legally adopted a child; or
2. Was married to the biological mother of that child at the time the child was conceived or
was born, unless paternity was disproved by a final order; or
3. Married the legal mother of the child after the child was born and recognized the child as
his own, unless such paternity was disproved by a final order; or
4. Has been determined to be the father by a final paternity order of Article 3 of Chapter 7 of
Title 19; or
5. Has legitimated the child by a final order pursuant to O.C.G.A. 19-7-22; or
6. Has legitimated a child pursuant to O.C.G.A. 19-7-21.1.
FORMS AND TOOLS
Division of Child Support Services - Information on paternity establishment and legitimation

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