2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 2 - Descent and Distribution
Article 1 - General Provisions
§ 53-2-4. Inheritance From Children Born Out of Wedlock

1. The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate.
2. The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
   1. A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law;
   2. A court of competent jurisdiction has otherwise entered a court order establishing paternity;
   3. The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; provided, however, that when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection;
   4. The father has, during the lifetime of the child, signed the birth certificate of the child; or
   5. The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evidence.

History. Code 1981, § 53-2-4 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2002, p. 1316, § 1; Ga. L. 2016, p. 219, § 5/SB 331.

Law reviews.

For comment on equitable adoption, equitable legitimation, and inheritance in extralegal family arrangements, see 48 Emory L.J. 943 (1999).

For note, “Deadbeat Dads: Undeserving of the Right to Inherit from Their Illegitimate Children and Undeserving of Equal Protection,” see 34 Ga. L. Rev. 1773 (2000).

For note, “Rainey v. Chever: Expanding a Natural Father’s Right to Inherit from His Illegitimate Child,” see 51 Mercer L. Rev. 761 (2000).

For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).

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

For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 127 (2016).