Legal Question in Family Law in Georgia

Hi I have a question, My daughter gave birth to her Son last July 2011 she is not married or has never been married and does not live with the father. The father of the child was not present and never has signed the birth certificate.

But she decided to add his name to the birth certificate so it has her last name and the so called fathers last name.

My question is this, if she goes to get a passport will she need to put his last name as well and will she have a problem leaving the country without a letter from the father if his name is on the passport?


Asked on 3/28/12, 5:00 pm

1 Answer from Attorneys
Rachel Hunter

Unless the father has legitimated the child (this needs to be done for inheritance) the father generally has no rights to custody or support of the child. However, federal law has nothing to do with custody and support. Regardless of whether his name is on the birth certificate (it has to be anyway as per new rules), the father must agree to any passport application for the child or else the passport will not be granted and your daughter will not be able to leave the country with the child. And the application must match the birth certificate.

http://travel.state.gov/passport/get/minors/minors_834.html

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Answered on 3/30/12, 10:14 am


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