2022 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 3 - Determination of Paternity
§ 19-7-45. Genetic Tests

Universal Citation: GA Code § 19-7-45 (2022)
  1. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-7-54. In all cases such tests shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law.
  2. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth.
  3. Genetic tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available.
  4. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent.
    1. The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from a genetic test to any pleading or court order.
    2. The genetic material collected for a genetic test shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services.
    3. The genetic material collected for a genetic test shall not be shared with any other person or entity.

History. Code 1933, § 74-306, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1982, p. 3, § 19; Ga. L. 1991, p. 950, § 3; Ga. L. 1993, p. 1980, § 1; Ga. L. 1997, p. 1613, § 18; Ga. L. 2015, p. 1433, § 2/HB 568.

Law reviews.

For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).

For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993).

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 103 (2015).

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