Georgia Paternity Law
This information about Georgia paternity legal statutes is provided for general use only. Journey Genetic Testing does not provide legal advice or representation. We encourage you to research your state laws for the most current information, or contact a family law attorney.
Georgia Paternity Law: O.C.G.A. § 19-7-21.1
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 2. LEGITIMACY
O.C.G.A. § 19-7-21.1 (2008)
§ 19-7-21.1. ”Acknowledgment of legitimation” and “legal father” defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment
(a) As used in this Code section, the term:
(1) ”Acknowledgment of legitimation” means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.
(2) ”Legal father” means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;
(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or
(F) Has legitimated a child pursuant to this Code section and who has not surrendered or had terminated his rights to the child.
(b) Prior to the child’s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation.
(c) Voluntary acknowledgment of legitimation shall not be recognized if:
(1) The mother was married to another man when the child was born;
(2) The mother was married to another man at any time within the usual period of gestation;
(3) There is another legal father;
(4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother’s parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending;
(5) The mother has signed a voluntary acknowledgment of legitimation with another man; or
(6) The child is one year of age or older.
(d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation.
(e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation.
(f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20.
(g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded. HISTORY: Code 1981, § 19-7-21.1, enacted by Ga. L. 2008, p. 667, § 4/SB 88.
Required Probability of Paternity for Georgia Courts: 97%
Required Paternity Index: None
For a list of locations where we provide an approved paternity test in Georgia, please click Paternity Testing In Georgia.