2022 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 2 - Legitimacy
§ 19-7-25. In Whom Parental Power Over Child Born Out of Wedlock Lies

Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child.

History. Orig. Code 1863, § 1750; Code 1868, § 1790; Code 1873, § 1799; Code 1882, § 1799; Civil Code 1895, § 2509; Civil Code 1910, § 3028; Code 1933, § 74-203; Ga. L. 1988, p. 1720, § 8; Ga. L. 2008, p. 667, § 5/SB 88; Ga. L. 2016, p. 304, § 4/SB 64.

The 2016 amendment, effective July 1, 2016, deleted “19-7-21.1 or” following “Code Section” at the end of the first sentence.

Cross references.

Parental power, generally, § 19-7-1 .

Editor’s notes.

Ga. L. 2008, p. 667, § 1/SB 88, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Care of a Grandchild Act.’”

Ga. L. 2008, p. 667, § 2/SB 88, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) An increasing number of relatives in Georgia, including grandparents and great-grandparents, are providing care to children who cannot reside with their parents due to the parent’s incapacity or inability to perform the regular and expected functions to provide such care and support;

“(2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and

“(3) Providing a statutory mechanism for granting such authority enhances family preservation and stability.”

Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: “This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.”

Law reviews.

For comment on statutes requiring consent of mother, but not of father, as prerequisite to adoption of illegitimate child, violating the fourteenth amendment equal protection clause, see 29 Emory L.J. 833 (1981).

For note, “In re Baby Girl Eason: Expanding the Constitutional Rights of Unwed Fathers,” see 39 Mercer L. Rev. 997 (1988).

For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003).

For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005).