LEGITIMATION

LEGITIMATION Attorney Aisha Blanchard Collins

Legitimation is the act of providing legitimacy. It is used as a legal term where a father of a child born out of wedlock becomes the child's legal father. Prior to legitimation, the child is said to be illegitimate. Once a child has been legitimated, he or she is entitled to such benefits as ordained by law as he or she would if that man had been married to the child's mother at the time of the child's birth.

The father is responsible for providing support to the child and the child is entitled to inherit from the father. While legitimation can be as simple as a statement by the father, in some jurisdictions the father must officially recognize the child. This option is typically also available to non-biological fathers ("social fathers").

Fathers who were not married at the time of their baby's birth must take the affirmative step of establishing legitimation before their parental rights are recognized under Georgia law. Legally, a child becomes legitimate when the child's out of wedlock father becomes their legal father. Current family law states that once a child is officially acknowledged by a father, they have the right to inherit the father's estate. A legitimate child also has the right to receive financial support.