2021 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 3 - Determination of Paternity
§ 19-7-41. Service Outside State
In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapter 11 of this title.
(Code 1933, § 74-302, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1997, p. 1613, § 16.)
Law reviews.- For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).
JUDICIAL DECISIONS
Section satisfies minimum contacts test for judgment against out-of-state defendant.
- Now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject defendant to judgment in personam, if defendant is not present within territory of forum, he must have certain minimum contacts such that maintenance of suit does not offend traditional notions of fair play and substantial justice. O.C.G.A. § 19-7-41 satisfies this requirement. Bell v. Arnold, 248 Ga. 9, 279 S.E.2d 449 (1981).
Service based on statute's requirements not inconsistent with ends of justice.
- When it was shown that the minor child was conceived as a result of sexual intercourse between the child's mother and the defendant in Georgia and that the child's mother continued to reside in Georgia, the trial court erred in finding that out-of-state service upon the defendant pursuant to O.C.G.A. § 19-7-41 would be inconsistent with the ends of justice. Department of Human Resources v. Estes, 208 Ga. App. 872, 432 S.E.2d 613 (1993).
No bar to paternity action by natural mother or child.
- Illegitimate child cannot be barred from bringing a paternity suit under O.C.G.A. Art. 3, Ch. 7, T. 19, and because the natural mother should be made a party to such a suit, notwithstanding a private contract to the contrary, the natural mother is prevented neither from initiating, nor from participating as a party in an action under that article. Worthington v. Worthington, 250 Ga. 730, 301 S.E.2d 44 (1983).
Service barred if conception was outside state.
- When the plaintiff asserted that her child was conceived as a result of an act of sexual intercourse in California, the essential fact necessary to support personal service of process outside Georgia was absent. Garvey v. Mendenhall, 199 Ga. App. 241, 404 S.E.2d 613, cert. denied, 199 Ga. App. 906, 404 S.E.2d 613 (1991).
Denial of motion to order service held error.
- Denial of a motion made under O.C.G.A. § 19-7-41 in connection with an action to determine paternity and establish child support obligations of the putative, nonresident father was error since there was no question that the child was conceived as a result of an act of sexual intercourse within this state while either parent was a resident of this state and since it appeared that the trial court's ruling was based solely on a URESA (O.C.G.A. § 19-11-1 et seq.) analysis, although § 19-7-41 does not require the court to order service. Department of Human Resources v. McCormick, 208 Ga. App. 751, 431 S.E.2d 740 (1993).
RESEARCH REFERENCES
Am. Jur. 2d.
- 41 Am. Jur. 2d, Illegitimate Children, §§ 40, 41. 24A Am. Jur. 2d, Divorce and Separation, § 862.
C.J.S.- 27C C.J.S., Divorce, § 1044.
ALR.- Right of illegitimate child to maintain action to determine paternity, 19 A.L.R.4th 1082.
