The following is from the Superior Court of Fulton County, and explains the legitimation process.

WHAT IS A "LEGITIMATION"?

Legitimation is a legal action which is the only way, other than by marrying the mother of a child, that the father of a child born in the State of Georgia may establish legal rights to his child.

WHO MAY FILE FOR LEGITIMATION?

Only the father of a child may file a petition seeking to legitimate his child.

WHAT IS THE LEGAL EFFECT OF A LEGITIMATION?

An order of legitimation creates a father and child relationship legally between the petitioner and his child. An order of legitimation establishes that the child may inherit from his legal father and vice versa. An order of legitimation allows the legal father to be listed on the child's birth certificate as such. An order of legitimation is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.

If custody and visitation are to be issues, you must file your legitimation first, and get the Order of Legitimation signed. Once your child has been legitimated by the Court Order then you may file another action for custody and or visitation. THE EXCEPTION TO THIS RULE IS IF THE MOTHER IS DECEASED, THERE IS NO OTHER LEGAL PARENT OR GUARDIAN, OR THE MOTHER CONSENTS TO CUSTODY AND/OR VISITATION.

If you are already listed on the child's birth certificate as the father, but you and the child's mother were not married to each other, you must still file a petition with the court to legitimate your child.

WHERE SHOULD THE PETITION BE FILED?

The Petition for Legitimation must be filed in the mother’s county of residence. An exception to this rule occurs when the mother consents and waives jurisdiction or venue (that is, she states in a notarized written statement that it is fine to file your case in your county of residence). A second exception is if the mother of the child is deceased and there is no other legal custodian or guardian of the child.

HOW LONG WILL ALL OF THIS TAKE?

The length of time depends on the facts of your case. There are several options for what can happen with your case:

If custody is not an issue, there is no other father listed on the birth certificate, and the mother has acknowledged service, then an Order for Legitimation can be heard by a Judge on the same day that you file it, and you may get your Order for Legitimation signed on the same day.

If the mother or another father listed on the birth certificate must be served by publication, then the hearing cannot take place until after the publication is finished (at least 60 days).

If the mother or another father must be served by the sheriff with the Petition to Legitimate, then the case will be placed on a Judge’s calendar by his/her case manager.

If custody or visitation is to be an issue, then you must still file your legitimation first, and get the Order of Legitimation signed. Once your child has been legitimated by the Court then you may file another action for custody. THE EXCEPTIONS TO THIS RULE ARE IF THE MOTHER IS DECEASED AND THERE IS NO OTHER LEGAL PARENT OR GUARDIAN, OR IF THE MOTHER CONSENTS TO CUSTODY.