Georgia Appeals Court Denies Legitimation Claims

The process of legitimation to have a man legally recognized as the father of a child born out of wed lock can be difficult under some state statutes, but has important implications when the man dies intestate. Yuvette Ridley found out how complicated the process can be when she faced a challenge in probate court to her being named as the administrator of her deceased boyfriend James Hawkins’ estate and her son as his heir. Ridley and Hawkins had attempted to legitimate Ridley’s son from a separate relationship as Hawkins’ child.

In re Estate of James Andrews Hawkins, the Court of Appeals of Georgia affirmed the probate court”s ruling that Ridley’s son was not the heir at law of Hawkins. The court found that Hawkins’ attempt at legitimation was unsuccessful under state law because he was not under oath at the time he signed the paternity acknowledgment, and he did not sign the birth certificate even though his name was present.

See Luke Lantta, Administrative Legitimation Did Not Make Child an Heir at Law, Bryan Cave, Sept. 9, 2014.