O.C.G.A.

O.C.G.A. § 19-11-13 (2019)

Determination of paternity; acknowledgment under oath; legal proceedings

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Whenever the department receives an application for services under this article on behalf of a child born out of wedlock and the child’s mother identifies in writing the putative father of the child, the department may make an investigation of the surrounding circumstances and may request that the putative father acknowledge paternity under oath. If the department is unable to secure such an acknowledgment, the department may initiate legal proceedings to establish the paternity of the child, unless the department determines, in accordance with standards prescribed pursuant to the federal Social Security Act, that it is against the best interests of the child to do so.

History

Ga. L. 1976, p. 1537, § 3.

Annotations

Cross references. Proceedings to determine paternity, § 19-7-40 et seq. U.S. Code. The federal Social Security Act, referred

to in this Code section, is codified at 42 U.S.C. § 301. Law reviews. 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).

JUDICIAL DECISIONS Establishment of paternity is not jurisdictional under the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., but

rather it is only an essential element without proof of which recovery may not be effected. Department of Human Re-

sources v. Carlton, 174 Ga. App. 30, 329 S.E.2d 181, 1985 Ga. App. LEXIS 1734 (1985). OPINIONS OF THE ATTORNEY GENERAL No right to a jury trial exists in a civil action for the establishment of paternity. 1997 Op. Att’y Gen. No. 97-5. RESEARCH REFERENCES Am. Jur. 2d. 79 Am. Jur. 2d, Welfare Laws, § 65.

C.J.S. 10 C.J.S., Bastards, §§ 15, 16.

Notes of Decisions

Cited in 2 cases, 1984–1993 · leading case: Fleeman v. Dep't of Human Resources, 430 S.E.2d 135 (Ga. Ct. App. 1993).

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Fleeman v. Dep't of Human Resources, 430 S.E.2d 135 (Ga. Ct. App. 1993). · cites it 8× “Accordingly, I would affirm the denial of James Fleeman's motion to dismiss and allow DHR to seek resolution of the child's paternity under OCGA § 19-11-13 and, if successful, recover past and future child support under OCGA §§ 19-11-6 (a).”

Peterson v. Moffitt, 319 S.E.2d 449 (Ga. 1984). · cites it 2× “See OCGA § 19-11-13; § 19-11-24; 42 USC § 654 (4).”

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