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- For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 103 (2015). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993).
- In a proceeding for year's support by the purported widow of a decedent on behalf of herself and her child, the widow incorrectly relied on O.C.G.A. § 19-7-45 to challenge the validity of a genetic test establishing the paternity of her child as that statute was not applicable to probate court proceedings involving estate descent and distribution issues. Crowther v. Estate of Crowther, 258 Ga. App. 498, 574 S.E.2d 607 (2002).
- Requiring individual to submit to a blood test for purpose of proving or disproving paternity, pursuant to O.C.G.A. § 19-7-45, does not compel him to be a witness against himself within the meaning of U.S. Const., amend. 5, nor would such procedure compel him "to give testimony tending in any manner to incriminate himself" within the meaning of the Georgia Constitution. Raines v. White, 248 Ga. 406, 284 S.E.2d 7 (1981); Pinson v. State, 194 Ga. App. 506, 391 S.E.2d 28 (1990).
State was entitled to compel the defendant to submit to a second blood test when the previous test was in connection with a civil action and when there was no indication that repetition of the test was unusually burdensome to the defendant or caused by negligence on the part of the state. Rainwater v. State, 210 Ga. App. 594, 436 S.E.2d 772 (1993).
- It is a violation of due process for the state to require a putative father to pay the costs of a blood test for the purpose of determining paternity when no hearing has been conducted on the merits of the case. Boone v. State, Dep't of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727 (1982).
- Claims of the Department of Human Resources against a putative father for reimbursement of public assistance and future support and a contempt complaint for the father's failure to appear for a court-ordered paternity test were not barred by the equitable doctrine of laches. Department of Human Resources v. Mitchell, 232 Ga. App. 560, 501 S.E.2d 508 (1998).
- Appellate court rejected a father's contention that the juvenile court erred in holding that a delay in instituting legitimation proceedings justified a finding that the father abandoned his opportunity interest as the father's reason for the delay, specifically, waiting to obtain the results of genetic testing, was not a condition precedent to filing a legitimation petition; moreover, even with the delay, the father could have filed his legitimation petition and then sought court-ordered genetic testing. In the Interest of J.L.E., 281 Ga. App. 805, 637 S.E.2d 446 (2006).
Cited in Britten v. State, 173 Ga. App. 840, 328 S.E.2d 556 (1985); Roddenbery v. Roddenbery, 255 Ga. 715, 342 S.E.2d 464 (1986); Department of Human Resources v. Crosby, 193 Ga. App. 330, 387 S.E.2d 608 (1989).
- 41 Am. Jur. 2d, Illegitimate Children, §§ 70, 71.
- Blood-grouping tests, 163 A.L.R. 939; 46 A.L.R.2d 1000.
Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 A.L.R.4th 229.
Admissibility, weight and sufficiency of human leukocyte antigen (HLA) tissue typing tests in paternity cases, 37 A.L.R.4th 167.
Admissibility and weight of blood-grouping tests in disputed paternity cases, 43 A.L.R.4th 579.
Authentication of blood sample taken from human body for purposes other than determining blood alcohol content, 77 A.L.R.5th 201.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 1986-05-07
Citation: 342 S.E.2d 464, 255 Ga. 715
Snippet: Leukocyte Antigen (HLA) blood-typing test. See OCGA § 19-7-45; Jackson v. Jackson, 253 Ga. 576 (322 SE2d 725)
Court: Supreme Court of Georgia | Date Filed: 1984-11-27
Citation: 322 S.E.2d 725, 253 Ga. 576, 1984 Ga. LEXIS 1037
Snippet: typing test for paternity determination. OCGA § 19-7-45. The report on the test concluded that the alleged
Court: Supreme Court of Georgia | Date Filed: 1984-09-06
Citation: 253 Ga. 253, 319 S.E.2d 449, 1984 Ga. LEXIS 899
Snippet: denied he was the father, and, pursuant to OCGA § 19-7-45, moved the court to require Leslie Anne Moffitt