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2006 Georgia Code - 53-2-3
53-2-3. The rights of inheritance of a child born out of
wedlock shall be as follows: (1) A child born out of wedlock may inherit in
the same manner as though legitimate from or through the
child´s mother, the other children of the mother, and any
other maternal kin; (2)(A) A
child born out of wedlock may not inherit from or through the
child´s father, the other children of the father, or any
paternal kin by reason of the paternal kinship, unless:
(i) A court of competent
jurisdiction has entered an order declaring the child to be
legitimate, under the authority of Code Section 19-7-22 or such
other authority as may be provided by law; (ii) A court of competent jurisdiction has
otherwise entered a court order establishing paternity;
(iii) The father has executed a
sworn statement signed by him attesting to the parent-child
relationship; (iv) The father
has signed the birth certificate of the child; or
(v) There is other clear and
convincing evidence that the child is the child of the
father. (B)(i) Subparagraph
(A) of this paragraph notwithstanding, a child born out of wedlock
may inherit from or through the father, other children of the
father, or any paternal kin by reason of the paternal kinship if
evidence of the rebuttable presumption of paternity described in
this subparagraph is filed with the court before which proceedings
on the estate are pending and the presumption is not overcome to
the satisfaction of the trier of fact by clear and convincing
evidence. (ii) There shall
exist a rebuttable presumption of paternity of a child born out of
wedlock if parentage-determination genetic testing establishes at
least a 97 percent probability of paternity.
Parentage-determination genetic testing shall include, but not be
limited to, red cell antigen, human leucocyte antigen (HLA), red
cell enzyme, and serum protein electrophoresis tests or testing by
deoxyribonucleic acid (DNA) probes. (C) If any one of the requirements of divisions
(i) through (v) of subparagraph (A) of this paragraph is fulfilled,
or if the presumption of paternity set forth in subparagraph (B) of
this paragraph shall have been established and shall not have been
rebutted by clear and convincing evidence, a child born out of
wedlock may inherit in the same manner as though legitimate from
and through the child´s father, the other children of his or
her father, and any other paternal kin; (3) In distributions under this Code section,
the children of a deceased child born out of wedlock shall
represent that deceased child.
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