Last updated on July 27, 2022

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To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

How is paternity legally established in Georgia?

Establishing the proper care for your child is essential. Regardless of your relationship with the other parent, you want your child to have the care and resources they need to thrive.

In many situations, one of the first steps to developing a co-parenting relationship is establishing paternity. While paternity may be a simple question for some, that is not always the case.

Here’s what you should know about establishing paternity in Georgia.

Legal marriage

Under Georgia law, when the child’s parents are legally married at the time of the birth, courts presume the husband is the child’s father. If this is not the case, you will need a court action to alter that presumption.

Court orders

You can also establish paternity with a court order through a local, state or federal court. In some cases, the court will request that the mother, father and child must submit a DNA paternity test.

Paternity Acknowledgement Form

The last way to establish paternity is by voluntarily signing a Paternity Acknowledgement Form. Often, these forms are available at the hospital when your child is born. Alternatively, you can go to the State Office of Vital Records in Atlanta or the Office of Vital Records in the county where the child was born.

What about legitimation?

While these options can establish paternity, or biologically who the father is, it does not necessarily establish a father’s right to bring an action for custody. Legitimation is a separate process that can give the father of a child born out of wedlock specific rights regarding custody and care of the child.

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