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  1. #1
    Join Date
    Jun 2009
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    2

    Default Name on Birth Certificate is Not the Father

    My question involves paternity law for the State of: Georgia

    The name listed as "Father" on my birth certificate is my mother's, now deceased, ex-husband. He knew he was not my father - they both knew who the father was - but he wanted me to have a name (I read something earlier that that was fraud. That isn't my problem at the moment.)

    I recently found my biological father. What I want to know is, by someone else's name listed as the biological father, does that mean that I was adopted by that man? My mother was married to him for 20 years before I was born. They divorced a year and a half after I was born. They never went through any sort of adoption process. The only people who know that I'm not his child are close family and a few friends.

    Also, how would I go about (should I want to) suing for retroactive child support from the man who *is* my father? He's never even so much as seen me in 30 years and knows I'm his child. I believe in the state of Georgia there is no statute of limitations. I assume it to be correct since I got it from a government website.

    Thanks

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Name on Birth Certificate is Not the Father

    Quote Quoting peachy77
    View Post
    My question involves paternity law for the State of: Georgia

    The name listed as "Father" on my birth certificate is my mother's, now deceased, ex-husband. He knew he was not my father - they both knew who the father was - but he wanted me to have a name (I read something earlier that that was fraud. That isn't my problem at the moment.)

    I recently found my biological father. What I want to know is, by someone else's name listed as the biological father, does that mean that I was adopted by that man? My mother was married to him for 20 years before I was born. They divorced a year and a half after I was born. They never went through any sort of adoption process. The only people who know that I'm not his child are close family and a few friends.

    Also, how would I go about (should I want to) suing for retroactive child support from the man who *is* my father? He's never even so much as seen me in 30 years and knows I'm his child. I believe in the state of Georgia there is no statute of limitations. I assume it to be correct since I got it from a government website.

    Thanks
    Since you were born during the marriage, he was your legal father and no adoption needed to be done.

    No one can sue for CS at this point, for one because you already had a legal father. Also, even if your bio father could be sued, your mother would be able to, not you.

    The SOL that you are referring to is regarding collecting CS that was already ordered BEFORE a child turns 18. There was no order, and you are at least 30 years old, therefore the SOL does not apply at all for you or your Mom.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Name on Birth Certificate is Not the Father

    I understand what you're saying - and thank you for the reply/information.

    This was the information I got that led to the question:


    "Georgia law presumes that a delivering mother's husband (either at the time of conception or at the time of delivery of the child) is the father of the child. O.C.G.A. 19-7-20(a). Mims v. The State, 43 Ga. App. 100, Boone v. Boone, 225 Ga. 610.

    However, this presumption may be rebutted under O.C.G.A. 19-7-20(b), where there is clear proof to the contrary. In such instance, the child would be considered "born out of wedlock" and "illegitimate" if the biological father is not the husband of the delivering female. Wilkins v. Department of Human Resources, 255 Ga. 230, 232, 233..."

    "If the mother or father of a child, which is either legitimate or born out of wedlock, abandons the child who is in a dependent condition, the abandoning parent commits the crime of child abandonment. When the abandoning parent does not furnish sufficient food, clothing, or shelter for the needs of the child, the child shall be considered to be in a dependent condition. O.C.G.A. 19-10-1.

    Child abandonment shall be punishable as a misdemeanor, unless the abandoning parent leaves the state while the abandoned child is in a dependent condition. In that event, the abandoning parent shall be guilty of a felony, punishable by imprisonment of not less than one nor more than three years. "

    The biological father not only left the state of GA, he left the country for 6 years to work for Saudi Arabian Airlines. The most he ever paid that could even be considered CS was $800.

    My mother had no way (or knowledge of how) to sue for CS once he left the country. It wasn't until a few months ago that she found out he was living in Florida.

    I really appreciate the advice.

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