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2018 Georgia Code 19-7-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-7-21 Case Law from Google Scholar Amendments to OCGA 19-7-21

TITLE 19 DOMESTIC RELATIONS

Section 7. Parent and Child Relationship Generally, 19-7-1 through 19-7-54.

ARTICLE 2 LEGITIMACY

19-7-21. When children conceived by artificial insemination legitimate.

All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination.

(Code 1933, § 74-101.1, enacted by Ga. L. 1964, p. 166, § 1.)

Cross references.

- Persons authorized to administer or perform artificial insemination, § 43-34-42.

Law reviews.

- For article, "Artificial Human Reproduction: Legal Problems Presented by the Test Tube Baby," see 28 Emory L.J. 1045 (1980). For article, "The Orwellian Nightmare Reconsidered: A Proposed Regulatory Framework for the Advanced Reproductive Technologies," see 25 Ga. L. Rev. 625 (1991). For article, "Who is Georgia's Mother? Gestational Surrogacy: A Formulation for Georgia's Legislature," see 38 Ga. L. Rev. 395 (2003). For article, "10th Annual Legal Ethics and Professionalism Symposium: Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good," see 44 Ga. L. Rev. 413 (2010). For note discussing legitimacy of children born by means of artificial insemination, see 4 Ga. L. Rev. 383 (1970). For note, "It Takes a Village: Considering the Other Interests at Stake When Extending Inheritance Rights to Posthumously Conceived Children," see 44 Ga. L. Rev. 873 (2010). For comment, "Surrogate Mother Contracts: Analysis of a Remedial Quagmire," see 37 Emory L.J. 721 (1988).

JUDICIAL DECISIONS

"Artificial insemination" did not include IVF.

- O.C.G.A. § 19-7-21, which created an irrebuttable presumption of legitimacy for children born within wedlock or within the usual period of gestation thereafter who were conceived by artificial insemination, did not apply to a child conceived by in-vitro fertilization (IVF). Patton v. Vanterpool, 302 Ga. 253, 806 S.E.2d 493 (2017).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, § 2. 59 Am. Jur. 2d, Parent and Child, § 2.

ALR.

- Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.

Cases Citing Georgia Code 19-7-21 From Courtlistener.com

Total Results: 1

Patton v. Vanterpool

Court: Supreme Court of Georgia | Date Filed: 2017-10-16

Citation: 302 Ga. 253, 806 S.E.2d 493

Snippet: HUNSTEIN, Justice. OCGA § 19-7-21 creates an “irrebuttable presumption” of legitimacy with respect to