O.C.G.A.
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.
(a) The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child’s mother nor the alleged or presumed father may represent the child as guardian ad litem.
(b) The natural mother shall be made a party or, if not subject to the jurisdiction of the court, shall be given notice in a manner prescribed by the court and an opportunity to be heard.
History
Code 1933, § 74-305, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1992, p. 1833, § 3; Ga. L. 1996, p. 923, § 1.
Annotations
Law reviews. For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 234 (1992).
RESEARCH REFERENCES Am. Jur. 2d. 41 Am. Jur. 2d, Illegitimate Children, § 39. ALR. Necessity or propriety of appointment of
independent guardian for child who is subject of paternity proceedings, 70 A.L.R.4th 1033.
Notes of Decisions
Fleeman v. Dep't of Human Resources, 430 S.E.2d 135 (Ga. Ct. App. 1993).
· cites it 12× “on Fleeman stating that "[t]he parties have no minor children who are the issue of the marriage or the issue of the parties at anytime prior to or after the marriage" is too broad and incidental to resolve the issue of the child's paternity and that, as a consequence, neither…”
Grice v. Detwiler, 488 S.E.2d 755 (Ga. Ct. App. 1997).
· cites it 4× “See OCGA § 19-7-44 (a). If Grice is the biological father, the child should have the right to make the statutory election.”
Worthington v. Worthington, 301 S.E.2d 44 (Ga. 1983).
· cites it 2× “In any event we have held today that an illegitimate child cannot be barred from bringing an Article 3 paternity suit, and because the natural mother should be made a party to such a suit, OCGA § 19-7-44 (b) (Code Ann. § 74-305), we hold that notwithstanding a private contract…”
Hill v. Adams, 357 S.E.2d 300 (Ga. Ct. App. 1987).
· cites it 2× “OCGA § 19-7-44. If the result of such a proceeding is “an order designating [Hill] as the father of the child,” OCGA § 19-7-49, and thus establishing him as the biological father in the eyes of the law, the child will perforce be an illegitimate child.”
— 19-7-44(a) — 1 case
Grice v. Detwiler, 488 S.E.2d 755 (Ga. Ct. App. 1997).
“See OCGA § 19-7-44 (a). If Grice is the biological father, the child should have the right to make the statutory election.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.