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Georgia Petition for Legitimation: Establishing Fatherhood Under O.C.G.A. § 19-7-22

September 9, 2026

What Is a Petition for Legitimation?

A Petition for Legitimation is a legal document filed in Georgia Superior Court that establishes a biological father's legal relationship with his child when the parents were not married at the time of the child's birth. Under O.C.G.A. § 19-7-22, legitimation grants the father all the legal rights and responsibilities of a parent — including the right to seek custody or visitation, the obligation to pay child support, and the ability to have his name placed on the child's birth certificate.

Why Does Georgia Law Require Notarization?

Georgia law requires the Petition for Legitimation to be "verified" — meaning the father must sign the petition under oath before a notary public. This is not a technicality; it is a critical legal safeguard. The Verification form accompanying the petition contains language such as:

"The Petitioner, after being duly sworn, states under oath that the facts alleged in the attached Petition for Legitimation are true and correct to the best of his knowledge."

The notary public must witness the father sign this statement and complete a notarial certificate. This sworn verification serves several purposes:

  • Truthfulness: By swearing under oath, the father acknowledges that providing false information could result in penalties for perjury.
  • Court Integrity: The court relies on the verified facts to determine whether legitimation is in the child's best interest.
  • Evidentiary Weight: A verified petition carries greater legal weight than an unsworn filing.

What the Legitimation Process Looks Like

The process typically involves these steps:

  1. Complete the Petition for Legitimation form (available from the Superior Court in your county)
  2. Sign the Verification form before a notary public
  3. File the original petition and verification with the Superior Court clerk in the county where the child's mother resides
  4. Pay the filing fee (unless a Poverty Affidavit is filed)
  5. Serve the mother with notice of the petition
  6. Attend a court hearing where a judge determines whether legitimation is in the child's best interest

Official Form Resources

The official form packet, instructions, and frequently asked questions are available on the Georgia Courts website:

Important Considerations

  • The father must be the child's biological parent to file a legitimation petition
  • The court will evaluate whether legitimation is in the best interest of the child
  • The mother has the right to be served and to appear at the hearing
  • If the child is adopted by another person, the father must act quickly — a pending adoption limits where the petition can be filed
  • Many Georgia counties offer free self-help centers that can assist with the forms

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.