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2018 Georgia Code 19-7-46.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-7-46.1 Case Law from Google Scholar Amendments to OCGA 19-7-46.1

TITLE 19 DOMESTIC RELATIONS

Section 7. Parent and Child Relationship Generally, 19-7-1 through 19-7-54.

ARTICLE 3 DETERMINATION OF PATERNITY

19-7-46.1. 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.

  1. 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.
  2. 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 19-7-51. Acknowledgment of paternity shall establish the biological father, as such term is defined in Code Section 19-7-22, but shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-22.
  3. After the 60 day rescission period specified in subsection (b) of this Code section, 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. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.
  4. A copy of a signed voluntary acknowledgment of paternity shall be provided to any signatory upon request.
    1. As used in this subsection, the term:
      1. "Child-placing agency" means an agency licensed as such pursuant to Chapter 5 of Title 49.
      2. "Legal custodian" shall have the same meaning as set forth in Code Section 15-11-2.
      3. "Local custodian" shall have the same meaning as set forth in Code Section 31-10-1.
      4. "State registrar" shall have the same meaning as set forth in Code Section 31-10-1.
    2. The state registrar or local custodian, upon receipt of a written application, shall issue a certified copy of voluntary acknowledgment of paternity in the state registrar's or local custodian's custody to:
      1. The person who signed such acknowledgment and his or her guardian or temporary guardian;
      2. The person whose paternity was acknowledged, if he or she is at least 18 years of age;
      3. The guardian, temporary guardian, or legal custodian of the person whose paternity was acknowledged;
      4. The living legal spouse or next of kin, the legal representative, or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose paternity is registered;
      5. A court of competent jurisdiction upon its order or subpoena;
      6. Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes;
      7. A member in good standing of the State Bar of Georgia, provided that such certificate shall be needed for purposes of legal investigation on behalf of a client; and
      8. A child-placing agency, provided that such certificate shall be needed for official purposes.

(Code 1981, §19-7-46.1, enacted by Ga. L. 1992, p. 1266, § 1; Ga. L. 1997, p. 1613, § 20; Ga. L. 2008, p. 667, § 6/SB 88; Ga. L. 2016, p. 304, § 7/SB 64.)

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).

No results found for Georgia Code 19-7-46.1.