O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-7-21.1 (2019)

[Repealed] "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment

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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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Repealed by Ga. L. 2016, p. 304, § 2/SB 64, effective July 1, 2016.

Annotations

Editor's notes. - This Code section was based on Code 1981, § 19-7-21.1, enacted by Ga. L. 2008, p. 667, § 4/SB 88.

Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 2010–2021 · leading case: Ray v. Hann, 746 S.E.2d 600 (Ga. Ct. App. 2013).
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Ray v. Hann, 746 S.E.2d 600 (Ga. Ct. App. 2013). · cites it 15× “We note that the court below was critical of the legitimation acknowledgment form at issue in this case because it failed to comply with all of the requirements of OCGA § 19-7-21.1, andit appears that the form used in this case indeed did little to inform the parties of the…”
Sauls v. Atchison, 730 S.E.2d 459 (Ga. Ct. App. 2012). · cites it 6× “Sauls and the child’s mother were never married, but Sauls acknowledged paternity under OCGA § 19-7-21.1 (b). 1 The child was *793 born in 2005, while the father and mother lived in Warner Robins, Georgia.”
In re Est. of Hawkins, 762 S.E.2d 149 (Ga. Ct. App. 2014). · cites it 40× “” OCGA § 19-7-21.1 (b), which became effective on July 1, 2008, provides: Prior to [a] child’s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed…”
Allifi v. Raider, 746 S.E.2d 763 (Ga. Ct. App. 2013). · cites it 12× “667, § 4, which clarified the methods of legitimation of a child and included enactment of the new statutory provision set forth in OCGA § 19-7-21.1. That statute, which became effective July 1, 2008, provides in pertinent part: Acknowledgment of legitimation means a written…”
Caldwell v. Meadows, 717 S.E.2d 668 (Ga. Ct. App. 2011). · cites it 2× “OCGA § 19-7-25 provides that “[o]nly the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.1 or 19-7-22. Otherwise, the mother may exercise all parental power over the child.”
Baskin v. Hale, 787 S.E.2d 785 (Ga. Ct. App. 2016). · cites it 2× ““Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.1 or 19-7-22. Otherwise, the mother may exercise all parental power over the child.”
Slay v. Calhoun, 772 S.E.2d 425 (Ga. Ct. App. 2015). · cites it 2× “Slay is correct concerning her status as K. C.’s legal custodian. See OCGA § 19-7-25 (“Only the mother of a child born out of wedlock is entitled to custody of the child, unless the father legitimates the child as provided in Code Section 19-7-21.”
Smith v. Pearce (two Cases), 778 S.E.2d 248 (Ga. Ct. App. 2015). · cites it 2× “) OCGA § 19-7-21.1 (a) (2) (B); see also Baker v.”
Park v. Bailey, 765 S.E.2d 721 (Ga. Ct. App. 2014). · cites it 2× “n, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) Apetition to…”
Parker v. Stone, 702 S.E.2d 636 (Ga. Ct. App. 2010). · cites it 2× “e time the child was conceived or was born, unless such paternity was disapproved by a final order, (c) married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disapproved by a final order, (d) has legitimated…”
Wilson v. Moore, 804 S.E.2d 170 (Ga. Ct. App. 2017). · cites it 12× “”OCGA § 19-7-21.1 (a) (2) (F) (2008). Prior to the child’s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of…”
Anthony Shane Ray v. Nancy Joy Hann, No. A13A0821 (Ga. Ct. App. July 15, 2013). · cites it 16× “”); see also OCGA § 19-7-21.1 (a) (2) (F) (2009) (“Legal father” means a male who .”
Show all 19 citing cases →
19-7-21.1(b): 1 case
William Sauls v. Vaness Atchison, No. A12A0776 (Ga. Ct. App. July 11, 2012).
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