2025 Code of Georgia
Title 19 - Domestic Relations (Chs. 1 — 15)
Chapter 7 - Parent and Child Relationship Generally (Arts. 1 — 3)
Article 3 - Determination of Paternity (§§ 19-7-40 — 19-7-54)
Annotations
Notes
Editor’s notes.Section 3 of Ga. L. 1980, p. 1374, § 1, which enacted this article, provided as follows: “The provisions of this Act and the remedy provided herein [see § 19-10-1] 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 this Act shall not be construed to limit the operation of or repeal any such existing law.”
JUDICIAL DECISIONS
Neither illegitimate child nor mother barred from bringing paternity suit. —An 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 Ga. LEXIS 624 (1983).
Illegitimate child precluded from relitigating paternity. —When the issue of paternity of a child had previously been adjudicated pursuant to divorce proceedings, the principles of estoppel by judgment and res judicata applied. Macuch v. Pettey, 170 Ga. App. 467, 317 S. E.2d 262, 1984 Ga. App. LEXIS 1926 (1984).
Finality of paternity determination. —When the parties were divorced in 1982 with the former husband contesting paternity, the trial court erred in 1990 in finding the former husband was not the child’s father, and relieving him from his support obligation. Once there has been a final determination of paternity, a party may not relitigate that issue without first showing, inter alia, that his failure to contest paternity earlier was not the result of a lack of due diligence. Gearing v. Gearing, 261 Ga. 250, 403 S. E.2d 809, 1991 Ga. LEXIS 189 (1991).
Research References & Practice Aids
Law reviews.For article, “Faithful Parents: Choice of Childcare Parentage Laws,” see 70 Mercer L. Rev. 325 (2019).
RESEARCH REFERENCES Am. Jur. Trials. —Disputed Paternity Cases, 10 Am. Jur. Trials 653.
ALR.Presumption of Paternity Applied to Same-Sex Spouse, 60 A. L. R. 7th 6.
What Constitutes ‘‘Notorious Recognition’’ or ‘‘Notorious Acknowledgment’’ in Context of Parentage-Related Claims, 69 A. L. R. 7th 7.
Statutes limiting time for commencement of action to establish paternity of illegitimate child as violating child’s constitutional rights, 16 A. L. R.4th 926.
Right of illegitimate child to maintain action to determine paternity, 19 A. L. R.4th 1082.
Paternity proceedings: right to jury trial, 51 A. L. R.4th 565.
Hierarchy Notes:O. C. G. A. Title 19
O. C. G. A. Title 19, Ch. 7
- § 19-7-40. Jurisdiction; administrative determination of paternity
- § 19-7-41. Service outside state
- § 19-7-42. Venue
- § 19-7-43. Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests
- § 19-7-44. Appointment of guardian ad litem; payment of guardian; notice to natural mother
- § 19-7-45. Genetic testing
- § 19-7-46. Evidence at trial
- § 19-7-46.1. Effect of father’s name or social security number on records as evidence of paternity; signed voluntary acknowledgment of paternity; certified copy of voluntary acknowledgment of paternity
- § 19-7-46.2. Temporary order of support
- § 19-7-47. Civil action; testimony of mother and alleged father; default judgments
- § 19-7-48. Settlement, dismissal, or termination of civil action
- § 19-7-49. Final order; effect; evidence of costs
- § 19-7-50. Expenses of litigation
- § 19-7-51. Order of support and other provisions
- § 19-7-52. To whom support payments made; enforcement and modification of orders
- § 19-7-53. Confidentiality of hearings
- § 19-7-54. Motion to set aside determination of paternity
