In Georgia, a child born to unmarried parents is not automatically granted the legal right to both parents. While this may come as a surprise to many, to the thousands of fathers served by Fathers Incorporated, it’s a harsh and often heartbreaking reality.

By Kenneth Braswell
CEO, Fathers Incorporated

Let me begin with a truth that too many Georgia fathers have learned the hard way: in our state, being a biological father doesn’t automatically make you a legal one.

Even if your name is on the birth certificate.
Even if you were in the delivery room.
Even if you’ve provided financially since day one.

Unless you were married to the child’s mother at the time of birth—or you’ve filed a legitimation petition and received a court order—you have no legal rights to your child. No say in education. No say in medical decisions. No automatic parenting time. None.

Let that sink in.

I have sat with fathers weeping in confusion, disbelief, and exhaustion—good men who are working hard to show up, love their children, and share in the responsibility of raising them. Yet many of them come face to face with a legal process so convoluted, inconsistent, and expensive that it breaks them before it builds a bridge to their child.

Legitimation in Georgia is not just a legal issue—it’s a social justice issue.

The Law That Divides Families

Georgia is the only state in the nation that requires a two-step process—paternity followed by legitimation—for unmarried fathers to gain legal rights to their children. And unlike paternity, which can be established with a swab and a signature, legitimation demands a petition to the Superior Court, a potential court hearing, and in many counties, thousands of dollars in legal fees.

There’s no standardization. No uniformity. No consistency between counties. Fathers can be treated completely differently depending on where they live, sometimes even which judge they stand before. The result is an unpredictable and often unjust system that leaves many fathers out in the cold.

The Human Cost

At Fathers Incorporated, we know these men by name.

They are not case numbers.
They are not statistics.
They are fathers—many of them Black, low-income, and carrying the weight of generations of systemic exclusion.

In our Gentle Warriors Academy, we require all fathers to complete half the curriculum before we help them file legitimation. Why? Because we want to know them. We want to ensure they understand the process—and the responsibility. We’ve seen firsthand the barriers that prevent fathers from completing this journey, including fear of disrupting fragile co-parenting relationships, inability to afford legal fees, and lack of awareness that legitimation is even necessary.

Since 2021, over 230 fathers have sought our assistance to complete the legitimation process. And yet, nearly 80% of those who start the paperwork don’t finish it. Why? Not because they lack love or commitment, but because they fear the process will strain their co-parenting relationships, they can’t afford the legal fees, or they simply don’t understand what’s required.

The Children Are Watching

This is not just about fairness for fathers. This is about protection for children.

Children do better academically, emotionally, and socially when both parents are involved. But without legitimation, fathers cannot access school records, make decisions in emergencies, or have a legal standing in their child’s life. If the mother dies, the child could be placed with strangers before the father ever gets a call.

This isn’t just a flaw in the system. It’s a failure to safeguard the bond between parent and child.

What the State Must Do

On July 16, 2025, the Georgia House of Representatives will convene a study committee to examine the affordability and accessibility of the legitimation process. I am encouraged by this step—and grateful for the leadership of Rep. Carter Barrett, Rep. Teddy Reese, and others who see what’s at stake.

But let’s be clear: this is not a procedural conversation. This is a moral reckoning.

We must:

1. Standardize the process statewide. Uniform forms, simplified steps, and clear, accessible language for all fathers, no matter the county.
2. Eliminate or waive fees for indigent fathers. Legal access to your child should not depend on the size of your paycheck.
3. Fund navigation services. Fatherhood programs like ours have proven that hands-on support increases legitimation success. Let’s invest in what works.
4. Integrate legitimation into family services. Every time a father signs a paternity acknowledgment, he should receive a roadmap to legal fatherhood.
5. Track the data. We cannot fix what we do not measure. A centralized data system would help us see where gaps exist—and where we must do better.
6. Educate and empower. Let’s remove the stigma and secrecy. Let’s normalize the conversation around legitimation.

Beyond Paperwork

I often say: There is no such thing as a fatherless child. 100% of children have fathers. The question isn’t if he exists—the question is where he exists.

And I believe Georgia has an opportunity to meet those fathers where they are, not with judgment, but with pathways, not with punishment, but with partnership.

Let us not build walls with policy when we can build bridges with purpose.

Let us not allow children to be caught in the bureaucracy of love.

Let us not be remembered as the state that made fatherhood harder to claim, but as the one that led the nation in making it easier to live.

We are ready.
Fathers are ready.
Now let Georgia be ready too.

Kenneth Braswell is the CEO of Fathers Incorporated and Director of the National Responsible Fatherhood Clearinghouse. With over three and a half decades of national leadership, he has delivered more than 900 speaking and training engagements across 34 states and five countries, reaching over one million individuals. His work includes authoring books, hosting the I Am Dad Podcast, and leading innovative fatherhood campaigns. Honored by Oprah Winfrey on the OWN Network and recipient of the 2024 Leaphart Fatherhood Award from Morehouse College, Braswell is a powerful voice for fathers and families. He resides in Atlanta with his wife Tracy and their loving family.