A high-profile paternity question, fueled by the seemingly endless drama of celebrity relationships, has thrown a spotlight on Georgia’s family law. Despite rapper Cardi B welcoming a child with her boyfriend, NFL star Stefon Diggs, recent legal developments regarding her estranged husband, Offset, could mean that legally, the Migos member is considered the father in the state of Georgia.
This scenario isn’t about biology; it’s about a centuries-old legal doctrine known as the “marital presumption.”
The Unfinalized Divorce is the Key
Cardi B and Offset, who share three older children, have had a notoriously on-again, off-again relationship. The rapper filed for divorce from Offset in July 2024, but multiple reports indicate the dissolution of their marriage is not yet final.
Under Georgia law (O.C.G.A. § 19-7-20), a child born in wedlock or within the usual period of gestation thereafter is presumed to be legitimate.
In practical terms, this means:
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The Husband is the Presumed Father: When a married woman gives birth, Georgia law presumes her husband—in this case, Offset—is the child’s legal father, regardless of his biological relation.
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A “Legal” Parent vs. a “Biological” Parent: For the law, the marital presumption immediately grants Offset the status of “legal father.” Stefon Diggs, while confirmed as the biological father, would only be considered the putative father until he establishes his own legal rights through a process called legitimation.
The Clear and Convincing Hurdle
For Diggs to be officially recognized as the legal father, and for Offset to be removed from that status, the presumption of legitimacy must be rebutted in court.
In Georgia, overcoming this marital presumption requires “clear and convincing proof” to establish the contrary. While DNA evidence is now overwhelmingly definitive, a court hearing is still required to officially “disestablish” the husband’s paternity and subsequently legitimate the biological father.
Until a judge signs an order doing both, the law will still see Offset as the child’s presumptive legal parent due to his unfinalized marriage to Cardi B at the time of the child’s birth.
Why This Matters
This legal distinction is not merely academic; it has serious consequences for custody, visitation, inheritance, and child support:
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Custody and Rights: As the presumed legal father, Offset theoretically has initial parental rights that Stefon Diggs, as the biological but unmarried father, does not automatically possess. Diggs must file a Petition for Legitimation in a Georgia Superior Court to gain any legal rights, including custody and visitation.
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Inheritance: In the absence of a legitimation order, the child cannot legally inherit from or through Diggs.
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Birth Certificate: Without a court order to overturn the marital presumption and officially name Diggs, the State Office of Vital Records may require a court order to list Diggs as the father on the child’s birth certificate.
In the complex, high-stakes world of celebrity family law, the documents—not the headlines—govern legal parentage. For Offset, this means that until the divorce is final and a court has issued a specific order, his legal relationship to Cardi B’s newest child remains, for now, cemented by his marriage.
