2020 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 2 - Legitimacy
§ 19-7-23. "Child Born Out of Wedlock" Defined

The term "child born out of wedlock" means:

1. A child whose parents are not married when that child is born or who do not subsequently intermarry;
2. A child who is the issue of adulterous intercourse of the wife during wedlock; or
3. A child who is not legitimate within the meaning of Code Section 19-7-20.

(Orig. Code 1863, § 1748; Code 1868, § 1788; Code 1873, § 1797; Code 1882, § 1797; Civil Code 1895, § 2507; Civil Code 1910, § 3026; Code 1933, § 74-201; Ga. L. 1988, p. 1720, § 6.)

Issue born of common-law marriage would be legitimate. 1958-59 Op. Att'y Gen. p. 89.

RESEARCH REFERENCES

Am. Jur. 2d.

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

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

- 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.