O.C.G.A.

O.C.G.A. § 19-7-46.1 (2019)

Effect of father’s name or social security number on records as evidence of paternity; signed voluntary acknowledgment of paternity; certified copy of voluntary acknowledgment of paternity

✓ 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) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. (b) When both the mother and father have signed a voluntary acknowledgment of paternity in the presence of a notary public swearing or affirming the statements contained in the acknowledgment are true and such acknowledgment is filed with the State Office of Vital Records within 30 days of its execution and is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support and other matters under Code Section

Notes of Decisions

Cited in 13 cases, 2000–2017 · 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 10× “Ray and Peterson both signed a form which contained an acknowledgment of paternity and an acknowledgment of legitimation; they signed the form voluntarily; Peterson did not rescind the form within 60 days as provided in OCGA § 19-7-46.1; and the form was filed with the Office of…”

Venable v. Parker, 706 S.E.2d 211 (Ga. Ct. App. 2011). · cites it 20× “Once the window for rescission closes, "the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment." OCGA § 19-7-46.”

In Re Est. of Hawkins, 762 S.E.2d 149 (Ga. Ct. App. 2014). · cites it 32× “1 The second portion of the form, which contains two more signature spaces, specified that “by signing below, [Ridley and Hawkins] voluntarily consent and agree that the relationship between the named child and father shall be considered legitimate for all purposes under the law…”

Allifi v. Raider, 746 S.E.2d 763 (Ga. Ct. App. 2013). · cites it 8× “OCGA § 19-7-46.1 (b) provides: When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a…”

LaBrec v. Davis, 534 S.E.2d 84 (Ga. Ct. App. 2000). · cites it 4× “OCGA § 19-7-46.1 (a). By law, LaBrec became Denver’s “legal father” after legitimating Denver in compliance with the procedures of OCGA § 19-7-22.”

In the Interest of T. W., 654 S.E.2d 218 (Ga. Ct. App. 2007). · cites it 4× “OCGA § 19-7-46.1 (b) provides in part: When both the mother and the father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall…”

Rodriguez v. Nunez, 555 S.E.2d 514 (Ga. Ct. App. 2001). · cites it 2× “In its order, the trial court held that “Hilda Catalina Rivas is the natural daughter of the decedent, Mario Adolfo Rivas [,] based upon the decedent’s signature appearing on Hilda Catalina Rivas’ certified birth certificate pursuant to OCGA § 19-7-46.1, and the defendant[’]s…”

Williamson v. Williamson, 690 S.E.2d 257 (Ga. Ct. App. 2010). · cites it 2× “sworn statement, (iii) been named as the biological father on the child’s birth certificate with his consent, (iv) been required to support the child because of a written voluntary promise, (v) received written notice from a state agency or court directing him to submit to…”

In Re Tw, 654 S.E.2d 218 (Ga. Ct. App. 2007). · cites it 4× “OCGA § 19-7-46.1(b) provides in part: When both the mother and the father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall…”

Anthony Shane Ray v. Nancy Joy Hann (Ga. Ct. App. 2013). · cites it 10× “Ray and Peterson both signed a form which contained an acknowledgment of paternity and an acknowledgment of legitimation; they signed the form voluntarily; Peterson did not rescind the form within 60 days as provided in OCGA § 19-7-46.1; and the form was filed with the Office of…”

Jessica Alliffi v. Jonas Raider (Ga. Ct. App. 2013). · cites it 6× “2 2 OCGA § 19-7-46.1 (b) provides: When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a…”

Wilson Et Al. v. Moore, 804 S.E.2d 170 (Ga. Ct. App. 2017). · cites it 2× “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 paternity and an acknowledgment of…”

Show all 13 citing cases →

— 19-7-46.1(a) — 1 case

LaBrec v. Davis, 534 S.E.2d 84 (Ga. Ct. App. 2000). “OCGA § 19-7-46.1 (a). By law, LaBrec became Denver’s “legal father” after legitimating Denver in compliance with the procedures of OCGA § 19-7-22.”

— 19-7-46.1(b) — 2 cases

Venable v. Parker, 706 S.E.2d 211 (Ga. Ct. App. 2011). “Once the window for rescission closes, "the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment." OCGA § 19-7-46.”

In Re Tw, 654 S.E.2d 218 (Ga. Ct. App. 2007). “OCGA § 19-7-46.1(b) provides in part: When both the mother and the father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall…”

— 19-7-46.1(c) — 1 case

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