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

O.C.G.A. § 19-7-46 (2019)

Evidence at trial

✓ 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 results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent’s parentage, if available, unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent’s parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a genetic test or other ordered

medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child. (d) An expert’s opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate.

History

Code 1933, § 74-307, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1991, p. 950, § 4; Ga. L. 1993, p. 1980, § 2; Ga. L. 1994, p. 1270, § 4; Ga. L. 1997, p. 1613, § 19.

Annotations

Cross references. Medical reports in narrative form, § 248-826. Identification of medical bills, § 24-9921. When medical information may be released, § 24-12-1.

Disclosure of medical records, § 2412-11 et seq. Law reviews. For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993). For article on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).

JUDICIAL DECISIONS Laboratory report containing expert opinions. - Even if a proper foundation was laid to introduce a laboratory report as a business record, it was still not admissible as a whole if the report contained the opinions or conclusion of a third party not before the court. Department of Human Resources v. Corbin, 202 Ga. App. 10, 413 S.E.2d 484, 1991 Ga. App. LEXIS 1651 (1991), cert. denied, No.

S92C0320, 1992 Ga. LEXIS 186 (Ga. Feb. 6, 1992). Court orders. - Failure of an alleged father to obtain a court order for a blood test did not render the results of the test inadmissible. Smith v. Department of Human Resources, 226 Ga. App. 491, 487 S.E.2d 94, 1997 Ga. App. LEXIS 666 (1997), cert. denied, No. S97C1476, 1997 Ga. LEXIS 884 (Ga. Oct. 10, 1997).

RESEARCH REFERENCES Am. Jur. 2d. 41 Am. Jur. 2d, Illegitimate Children, §§ 17, 58 et seq. C.J.S. 14 C.J.S., Children Out-of-Wedlock, § 103 et seq. ALR. Admissibility and weight of evidence of resemblance on question of paternity or other relationship, 95 A.L.R. 314. Admissibility in prosecution for bastardy of evidence of prosecutrix’s acquaintance or association with men other than

defendant, on issue of paternity of child, 104 A.L.R. 84. Bastardy proceedings: propriety of exhibition of child to jury to show family resemblance, or lack of it, on issue of paternity, 55 A.L.R.3d 1087. Admissibility and weight of bloodgrouping tests in disputed paternity cases, 43 A.L.R.4th 579. Admissibility or compellability of blood test to establish testee’s nonpaternity for purpose of challenging testee’s parental rights, 87 A.L.R.4th 572.

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 9 cases, 1984–2009 · 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 4× “OCGA § 19-7-46 (b) and (c). Decided July 11, 1997.”
Dep't of Human Resources v. Corbin, 413 S.E.2d 484 (Ga. Ct. App. 1991). · cites it 4× “DHR’s contentions that this evidence was admissible as business records or under the authority of OCGA § 19-7-46 are without merit. Even if a proper foundation was laid to introduce the report as a business record, it was still not admissible as a whole if it contained the…”
Smith v. Dep't of Human Resources, 487 S.E.2d 94 (Ga. Ct. App. 1997). · cites it 2× “OCGA § 19-7-46 allows admission of the results of court-ordered blood tests “without the need for foundation testimony or other proof of authenticity or accuracy.”
Jackson v. Jackson, 322 S.E.2d 725 (Ga. 1984). · cites it 2× “In addition to evidence authorized by the relevant provisions of OCGA § 19-7-46 (excluding subsection (b)), there was testimony as to the resemblance of the child to other family members on the appellant’s side of the family, and the jury was permitted to compare the child with…”
Karen S. McDowell v. Eric K. Shinseki, 23 Vet. App. 207 (Vet. App. 2009). “” Ga. Code Ann. § 19-7-46 (b) (2008). In this instance, DNA has provided the best evidence now obtainable for establishing a veteran is the father of an illegitimate child, and DNA evidence, where presented, can be considered when determining the sufficiency of evidence in…”
Hall v. Coleman, 530 S.E.2d 485 (Ga. Ct. App. 2000). · cites it 2× “…applicable here because based on the DNA tests, the court concluded that Hall is the child’s biological father. See OCGA § 19-7-46 (b).”
Roderiquez v. Saylor, 380 S.E.2d 339 (Ga. Ct. App. 1989). “Appellant argues that the trial court was limited to the remedies outlined in OCGA § 19-7-45 (contempt) and § 19-7-46 (introduction at trial of appellant’s refusal to submit to the blood test at trial).”
Dep't of Human Resources v. Crosby, 387 S.E.2d 608 (Ga. Ct. App. 1989). · cites it 2× “OCGA § 19-7-46. Decided October 31, 1989.”
Pinson v. State, 391 S.E.2d 28 (Ga. Ct. App. 1990). · cites it 2× “OCGA §§ 19-7-46 and 19-10-1 expressly permit the admission into evidence of blood tests such as that at issue here “when offered by a duly qualified geneticist, or other duly qualified person.”
— 19-7-46(b) — 1 case
Grice v. Detwiler, 488 S.E.2d 755 (Ga. Ct. App. 1997). “OCGA § 19-7-46 (b) and (c). Decided July 11, 1997.”
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