2022 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 3 - Determination of Paternity
§ 19-7-40. Jurisdiction; Administrative Determination of Paternity
- The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury.
- Whenever the Department of Human Services seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that if the putative father demands a trial in the superior court, it shall be the duty of the judge to cause an issue to be made and tried at the first session of the next term of court succeeding the putative father’s demand for trial. The administrative determination shall have the same force and effect as a judicial decree.
History. Code 1933, § 74-301, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1994, p. 1270, § 3; Ga. L. 1997, p. 1613, § 15; Ga. L. 2009, p. 453, § 2-2/HB 228.
Editor’s notes.
Ga. L. 1980, p. 1374, § 3, which enacted this article, provides that this article and the remedy provided herein are intended to be in addition to and cumulative of all other existing laws related to paternity, child support, or other subjects covered herein and that this article shall not be construed to limit the operation of or repeal any such existing law.
Law reviews.
For note on the role of a judicial determination of paternity in the inheritance rights of illegitimate children in Georgia, see 16 Ga. L. Rev. 171 (1981).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).
