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

O.C.G.A. § 19-7-45 (2019)

Genetic tests

✓ 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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(a) All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-754. In all cases such tests shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law. (b) When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. (c) Genetic tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. (d) An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent.

(e)(1) The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from a genetic test to any pleading or court order. (2) The genetic material collected for a genetic test shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services. (3) The genetic material collected for a genetic test shall not be shared with any other person or entity.

History

Code 1933, § 74-306, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1982, p. 3, § 19; Ga. L. 1991, p. 950, § 3; Ga. L. 1993, p. 1980, § 1; Ga. L. 1997, p. 1613, § 18; Ga. L. 2015, p. 1433, § 2/HB 568.

Annotations

Law reviews. For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982).

For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993). 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).

JUDICIAL DECISIONS Not applicable to probate court proceedings involving descent and distribution. - 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 Ga. App. LEXIS 1494 (2002). Requiring submission to blood test. - 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 Ga. LEXIS 1036 (1981); Pinson v. State, 194 Ga. App. 506, 391 S.E.2d 28, 1990 Ga. App. LEXIS 182 (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 Ga. App. LEXIS 1236 (1993). Requiring putative father to pay costs of blood test. - 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 Ga. LEXIS 1259 (1982). Enforcement of motion to compel testing. - 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 Re-

sources v. Mitchell, 232 Ga. App. 560, 501 S.E.2d 508 (1998). Delay in filing legitimation petition. - 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 Ga. App. LEXIS 1253 (2006).

RESEARCH REFERENCES Am. Jur. 2d. 41 Am. Jur. 2d, Illegitimate Children, §§ 70, 71. ALR. 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 bloodgrouping 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.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1984–2021 · leading case: Grice v. Detwiler, 488 S.E.2d 755 (Ga. Ct. App. 1997).
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Grice v. Detwiler, 488 S.E.2d 755 (Ga. Ct. App. 1997). · cites it 8× “He later amended the petition to include requests to establish paternity, see OCGA § 19-7-43(a)(5), and for the court to order blood tests to resolve any doubt as to paternity, see OCGA § 19-7-45. Ogle, but not Detwiler, answered the petition.”
Roddenberry v. Roddenberry, 342 S.E.2d 464 (Ga. 1986). · cites it 4× “In addition, the settlement agreement contained a clause under which each party waived his or her right to modify or revise the agreement or decree.”
Dep't of Human Resources v. Mitchell, 501 S.E.2d 508 (Ga. Ct. App. 1998). · cites it 4× “DHR filed a motion to compel DNA blood testing pursuant to OCGA § 19-7-45. After a hearing, the trial court issued an order compelling Mitchell to submit to a blood test for the purpose of determining paternity.”
Roderiquez v. Saylor, 380 S.E.2d 339 (Ga. Ct. App. 1989). · cites it 6× “The trial court, pursuant to appellee’s motion, ordered the parties to submit to HLA blood tests as provided by OCGA § 19-7-45. On March 22, 1988 appellant was held in contempt for refusing to comply with the court’s order regarding blood tests.”
Eagan v. Ayd, 545 A.2d 55 (Md. 1988). · cites it 2× “1987); Ga. Code Ann. § 19-7-45 (1982); Mo. Ann. Stat.”
Crowther v. Est. of Crowther, 574 S.E.2d 607 (Ga. Ct. App. 2002). · cites it 2× “Among other things, Crowther argues that under OCGA § 19-7-43 Powell does not have standing to bring a petition to establish paternity, and that it does not appear that the genetic test was conducted in accordance with requirements set forth in OCGA § 19-7-45. The Code sections…”
Britten v. State, 328 S.E.2d 556 (Ga. Ct. App. 1985). · cites it 2× “1374, 1381; OCGA § 19-10-1 (f) (1). Also in 1980 the legislature specifically included HLA testing, if available, for the purpose of proving or disproving parentage.”
Jackson v. Jackson, 322 S.E.2d 725 (Ga. 1984). · cites it 2× “OCGA § 19-7-45. The report on the test concluded that the alleged father cannot be the biological father of the child.”
Rainwater v. State, 436 S.E.2d 772 (Ga. Ct. App. 1993). · cites it 2× “In the case sub judice, defendant showed that he had submitted to a previous test in connection with a civil action pending in Douglas County, wherein the State, acting through the Department of Human Resources and represented by an assistant district attorney, sought to…”
Patterson v. Whitehead, 481 S.E.2d 621 (Ga. Ct. App. 1997). · cites it 2× “As noted in Roddenberry , the blood test under OCGA § 19-7-45 was available at the time of the divorce in 1990.”
State v. Slavny, 395 S.E.2d 56 (Ga. Ct. App. 1990). · cites it 2× “OCGA § 19-7-45. But here the State, not the mother, seeks the evidence.”
Dep't of Human Resources v. Crosby, 387 S.E.2d 608 (Ga. Ct. App. 1989). · cites it 4× “See OCGA § 19-7-45. We find no such abuse of discretion.”
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