There are millions of children born every year to single fathers and mothers.  Under current Georgia law, only the biological mother has parental power over a child born to single parents.  Also, under current Georgia law the only requirement for a single mother to be deemed the “Legal mother” is for her to be the biological mother of the child whereas a single father has to request permission from the Court to be deemed the “Legal father”. 

• In Georgia, being the biological father of a child does not give a single father any legal rights to his child.
• In Georgia, being the biological father of a child does not give a single father the right to see his child.

However

• In Georgia, a single father is always obligated to pay for his child - no matter if he has been granted legal rights to his child or not.

This is blatantly discriminatory and must be changed.

Georgia code 19-7-25 currently states as follows:

In whom parental power over child born out of wedlock lies.

Only the mother of the child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22.  Otherwise, the mother may exercise all parental power over the child.

Also, Title 19 of the Georgia Code defines a “Legal mother” as follows:

The “Legal mother” is the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.

The only requirement for a mother to be deemed the “Legal mother” is for her to be the biological mother of the child, and the same thing should apply to the father. 

Otherwise the law will continue to be discriminatory as it is today.

As it stands now, title 19 of the Georgia Code defines a legal father as follows:

A male who has not surrendered or had terminated his rights to a child and who;

(A)    Has legally adopted such child

(B)    Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title;

(C)    Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; or

(D)   Has legitimated such child by a final order pursuant to Code Section 19-7-22.

You can see that under Georgia law the requirements for a mother to be deemed to have parental power over a child and the requirements for a father to be deemed to have parental power over a child are starkly different.  The question is why?  The ugly answers are:

1.       The father is a man – discrimination based on gender.

2.       The father is unmarried – discrimination based on marital status.

For decades Georgia law has treated fathers unjustly and it is time that changes starting with the definition of “Legal father” as defined in Title 19 of the Georgia Code.  The definition of a “Legal father” under Title 19 of the Georgia Code should mirror the definition of a “Legal mother” under Title 19 of the Georgia Code transposing the gender as such:

“Legal father” is the male who is the biological or adoptive father of the child and who has not surrendered or had terminated his rights to the child.

I’ve sent a letter addressing this issue to every representative in the Georgia State House, every senator in the Georgia State Senate, and to the Georgia State Governor.  You can read a copy of the letter here: https://thefatherscare.org/f/legal-father

You can also read two stories of fathers affected by the discriminatory nature of Georgia Code 19-7-25 here:

https://peaceofjustice.org/our-stories/f/why-am-i-here​

https://peaceofjustice.org/our-stories/f/father-crow-laws-you-arenot-the-father

Please sign this petition as your endorsement of the letter seeking the change described above.