O.C.G.A.
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. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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

Annotations

The 2016 amendment, effective July 1, 2016, in subsection (b), substituted "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" for "and the acknowledgment" in the first sentence, deleted ", visitation privileges," following "order for support" in the second sentence, and, in the third sentence, inserted "establish the biological father, as such term is defined in Code Section 19-7-22, but shall" and deleted "19-7-21.1 or" preceding "19-7-22"; and added subsections (d) and (e).

Editor's notes. - Ga. L. 2008, p. 667, § 1/SB 88, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Care of a Grandchild Act.'"

Ga. L. 2008, p. 667, § 2/SB 88, not codified by the General Assembly, provides: "The General Assembly finds that:

"(1) An increasing number of relatives in Georgia, including grandparents and great-grandparents, are providing care to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions to provide such care and support;

"(2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and

"(3) Providing a statutory mechanism for granting such authority enhances family preservation and stability."

Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For article on domestic relations, see 66 Mercer L. Rev. 65 (2014). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).

JUDICIAL DECISIONS

Order requiring a parent to submit to genetic testing. - In an action wherein a juvenile court approved the state's plan for nonreunification of two twin children, the juvenile court erred by ordering a parent to submit to genetic testing and by holding that the parent lacked standing in any future related proceedings until that parent submitted to such testing as the parent had married the children's other parent and recognized the children as the parent's own. Further, the Department of Family and Children Services failed to fully comply with O.C.G.A. § 19-7-43(d) by not supporting the motion with a sworn statement either alleging or denying the parent's paternity. In the Interest of T.W., 288 Ga. App. 386, 654 S.E.2d 218 (2007).

Trial court's order requiring that an alleged father and a mother submit to paternity blood testing was erroneous because the doctrine of res judicata clearly proscribed the trial court's reconsideration of the issue of paternity; an unappealed and unmodified final order establishing paternity and child support, which was predicated on the parties' settlement agreement and paternity acknowledgment expressly consented to by the father, adjudged that he was the father of the mother's child, and while the father moved to set aside the final order, the trial court found that he had failed to meet his burden of disestablishing paternity under O.C.G.A. § 19-7-54 and denied the motion. Venable v. Parker, 307 Ga. App. 880, 706 S.E.2d 211 (2011).

Denial of petition for legitimation improperly set aside. - Trial court erred by setting aside the denial of a biological father's petition for legitimation because the voluntary acknowledgment of paternity preempted the denial as the father failed to make the trial court aware of the acknowledgment and could not subsequently use the document to set aside the trial court's final judgment. Allifi v. Raider, 323 Ga. App. 510, 746 S.E.2d 763 (2013).

Cited in LaBrec v. Davis, 243 Ga. App. 307, 534 S.E.2d 84 (2000); Ray v. Hann, 323 Ga. App. 45, 746 S.E.2d 600 (2013).

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, No. A13A0821 (Ga. Ct. App. July 15, 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, No. A13A0758 (Ga. Ct. App. July 16, 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 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
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.”
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.