Marriage of parents and father's recognition of child legitimates child.

- Illegitimate child may be legitimated by marriage of mother and reputed father and recognition of such child as his. Kersey v. Gardner, 264 F. Supp. 887 (M.D. Ga. 1967).

Legitimation by marriage dates from birth.

- Former Code 1933, §§ 74-101 and 74-201 (see now O.C.G.A. §§ 19-7-20 and19-7-23) make child whose parents marry after child's birth legitimate for all purposes from date of birth. Morris v. Dilbeck, 71 Ga. App. 470, 31 S.E.2d 93 (1944).

Legitimate child may inherit from father's estate.

- See Morris v. Dilbeck, 71 Ga. App. 470, 31 S.E.2d 93 (1944).

Mother of child born during wedlock is precluded by public policy from asserting the child's illegitimacy to show consideration for contract with man other than her husband, providing for payment of certain monthly sum for the child's support. Colson v. Huber, 74 Ga. App. 339, 39 S.E.2d 539 (1946), overruled on other grounds, In re White, 254 Ga. 678, 333 S.E.2d 588 (1985).

Presumption of legitimacy not conclusive.

- While there is a strong presumption that child born during wedlock is legitimate, this presumption is not conclusive, and will be held to have been rebutted, when proof to contrary is clear. McLoud v. State, 122 Ga. 393, 50 S.E. 145 (1905); Jones v. State, 11 Ga. App. 760, 76 S.E. 72 (1912).

Rebuttal of presumption of legitimacy.

- Presumption of legitimacy of children born in wedlock may be rebutted by evidence of nonaccess or other testimony. Thornton v. State, 129 Ga. App. 574, 200 S.E.2d 298 (1973); Parks v. State, 155 Ga. App. 44, 270 S.E.2d 271 (1980).

Whether presumption has been rebutted is for jury determination.

- It is duty of jury to weigh evidence against presumption, and to decide, in exercise of the jury's judgment, the truth as it may appear. Parks v. State, 155 Ga. App. 44, 270 S.E.2d 271 (1980).

When child of married woman is illegitimate.

- Child of married woman begotten by one who is not her husband is illegitimate. Jones v. State, 11 Ga. App. 760, 76 S.E. 72 (1912).

Legitimacy of children born of bigamous marriage is unclear.

- Because it was not possible to determine from former Code 1933, §§ 74-201 and 53-104 (see now O.C.G.A. §§ 19-7-23 and19-3-5, respectively) whether General Assembly intended children born following wedding between single man and woman already married to another man to be legitimate or illegitimate children, the man's trustors executing trusts must be charged with knowledge that the word "children" as used in their trusts would not per se include illegitimate children. King v. King, 218 Ga. 534, 129 S.E.2d 147 (1962), appeal dismissed, 375 U.S. 17, 84 S. Ct. 101, 11 L. Ed. 2d 45 (1963).

When children of bigamous marriages are legitimate.

- Construing former Code 1933, § 74-201 (see now O.C.G.A. § 19-7-23) in connection with former Code 1933, § 53-104 (see now O.C.G.A. § 19-3-5) which provided that children of marriages of persons unable, unwilling, or fraudulently induced to contract were legitimate although such marriages were void, the Supreme Court concluded that the legislature intended to remove stigma of bastardy from innocent children if their parents go through a marriage ceremony, even though marriage was void because one of the parties was unable to contract marriage by reason of an existing marriage. Brazziel v. Spivey, 219 Ga. 445, 133 S.E.2d 885 (1963).

Word "children" does not per se include illegitimate children. King v. King, 218 Ga. 534, 129 S.E.2d 147 (1962), appeal dismissed, 375 U.S. 17, 84 S. Ct. 101, 11 L. Ed. 2d 45 (1963).

Cited in Clark v. Buttry, 121 Ga. App. 492, 174 S.E.2d 356 (1970); In re M.A.F., 254 Ga. 748, 334 S.E.2d 668 (1985); Allen v. State, 284 Ga. 310, 667 S.E.2d 54 (2008).

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, § 1 et seq.

C.J.S.

- 14 C.J.S., Children Out-of-Wedlock, § 1 et seq.

ALR.

- Attempt to bastardize child as affecting right to custody of the child, 37 A.L.R. 531.

Statute regarding status or rights of children born out of wedlock as applicable to children born before it became effective, 140 A.L.R. 1323.

Legitimating effect of intermarriage of parents as affected by father's failure to acknowledge paternity, 175 A.L.R. 375.

Admissibility, on issue of child's legitimacy or parentage, of declarations of parents, relatives, or the child, deceased or unavailable, 31 A.L.R.2d 989.

Determination of paternity, legitimacy, or legitimation in action for divorce, separation, or annulment, 65 A.L.R.2d 1381.

Discrimination on basis of illegitimacy as denial of constitutional rights, 38 A.L.R.3d 613.

Death of putative father as precluding action for determination of paternity or for child support, 58 A.L.R.3d 188.

Legitimation by marriage to natural father of child born during mother's marriage to another, 80 A.L.R.3d 219.

Proof of husband's impotency or sterility as rebutting presumption of legitimacy, 84 A.L.R.3d 495.

Who may dispute presumption of legitimacy of child conceived or born during wedlock, 90 A.L.R.3d 1032.