What does “Legitimation” or “born out of wedlock mean”?
A. In Georgia a child is “illegitimate” or “born out of wedlock” when (1) it is born to parents that are not married and who subsequently do not marry, (2) it is the issue of adulterous intercourse of the wife during wedlock; or (3) it is not legitimate within the meaning of O.C.G.A. ยง 19-7-20. The important thing to note here is that legitimation proceedings only concern the father of the child (this is because the state presumably knows who the mother of the child is). Most fathers think that even if the child was born out of wedlock as long as their name is on the birth certificate they have rights to the child, but that is not accurate. For a father to have rights to their child born out of wedlock they must legitimate their child if they want to have any legal rights to their child.
