This form is a generic affidavit that may be referred to when preparing an affidavit of a putative father of a child as to the identity of the natural father of the child.
This form is a generic affidavit that may be referred to when preparing an affidavit of a putative father of a child as to the identity of the natural father of the child.
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That I am the biological father of the minor/ child ____________________________ who was born on _____________________in ______________________________; That at the time of the birth of said minor/ child, I was not legally married to his/ her biological mother; That I hereby acknowledge my paternity/ filiation of the ...
Paternity must be established through DNA testing. In Atlanta and throughout Georgia, a legal action to establish paternity (through DNA testing) of the biological father of the child is called a paternity action.
The father can file a Petition for Legitimation in Superior Court in the county where the biological mother lives. The mother must be formally notified, and she has the right to attend the court hearing. There is a basic filing fee and fee of service to serve others with documentation.
Since the biological father is the only person who is allowed to file for legitimation, establishing paternity first is necessary to file for legitimation. If a father wants to file for legitimation regarding custody and visitation rights with the child, he must do so in the county where the mother resides.
The only time the law mandates the surname is when the mother is unwed. In this situation, the child's last name must be the same as the mother's legal name (O.C.G.A. § 31-10-9(e)(5).
Unwed parents are given the opportunity to sign a Paternity Acknowledgement (PA) form at or near the time of a child's birth. The PA form, when properly completed, helps establish the father and child relationship when the biological father is not married to the mother.
Note: Parents of a child born out of wedlock may sign a PA form to establish paternity for their child at any time ? there is no time limit. Effective July 1, 2008, voluntary legitimation of a child born out of wedlock must be done before the child's first birthday [O.C.G.A. § 19-7-21(a)(b)].
Paternity: Under Georgia law, paternity establishes the biological condition of being a father but does not establish the legal relationship of the father/child. Superior and state courts have concurrent jurisdiction in paternity proceedings. O.C.G.A. §19-7-40(a).