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Call Now: 904-383-7448(Code 1933, § 74-310, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1997, p. 1613, § 22.)
- Issuance or registration of new birth certificate upon order declaring paternity of child, §§ 31-10-12,31-10-14.
- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For a note on the role of a judicial determination of paternity in the inheritance rights of illegitimate children in Georgia, see 16 Ga. L. Rev. 171 (1981).
- O.C.G.A. § 19-7-49 plainly requires the jury to determine whether the expert presenting the test results is credible. Until the jury makes the decision that the tests were properly conducted and that the expert presenting the results testified truthfully, the test results are not entitled to any greater deference than any other evidence of paternity. Howard v. Howard, 258 Ga. 846, 375 S.E.2d 852 (1989).
- In divorce action, the issue of parentage is to be decided by the jury, and the fact that a human leukocyte antigen typing test concluded that the alleged father could not be the biological father of the child was not conclusive on the question of parentage; thus, the jury decision finding paternity could not be overturned on appeal. Jackson v. Jackson, 253 Ga. 576, 322 S.E.2d 725 (1984).
When the jury was instructed in accordance with O.C.G.A. § 19-7-49(c), and there was at least some basis upon which the jurors could have discounted the results of the prior testing as being unreliable, the jurors were authorized to reject those test results and to rely instead on the other evidence tending to show that the defendant was the child's father. Williamson v. Ward, 192 Ga. App. 857, 386 S.E.2d 727 (1989).
- Ending a previously established duty to support or ordering a retroactive rescission of previously awarded child support may be in the best interest of the putative father who has proven his nonpaternity, but it is hardly in the best interest of the child. Thus, the issue of child support obligations that is conferred upon the trial court by O.C.G.A. § 19-7-51 would seemingly extend only to the case wherein paternity has been initially established pursuant to subsection (a) of O.C.G.A. § 19-7-49 not to the case wherein paternity has been disproven pursuant to subsection (b) of § 19-7-49. Department of Human Resources v. Morton, 204 Ga. App. 638, 420 S.E.2d 89 (1992).
Cited in Families First v. Gooden, 211 Ga. App. 272, 439 S.E.2d 34 (1993).
- 41 Am. Jur. 2d, Illegitimate Children, § 81.
- 14 C.J.S., Children Out-of-Wedlock, § 116 et seq.
- Judgment in bastardy proceeding as conclusive of issues in subsequent bastardy proceeding, 37 A.L.R.2d 836.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2002-10-15
Citation: 571 S.E.2d 730, 275 Ga. 758, 2002 Fulton County D. Rep. 2967, 2002 Ga. LEXIS 910
Snippet: 1980 Ga. Laws 1374, 1377 (now codified at OCGA § 19-7-49); see also Worthington, 250 Ga. at 735, 301 S.E
Court: Supreme Court of Georgia | Date Filed: 2001-01-22
Citation: 541 S.E.2d 360, 273 Ga. 475, 2001 Fulton County D. Rep. 315, 2001 Ga. LEXIS 62
Snippet: establish the father's duty of child support. OCGA § 19-7-49(a). Because the determination of paternity is only
Court: Supreme Court of Georgia | Date Filed: 1989-02-08
Citation: 258 Ga. 846, 375 S.E.2d 852, 1989 Ga. LEXIS 61
Snippet: appellee. Mr. Howard contends that under OCGA § 19-7-49 (c) a jury would be required to decide that he
Court: Supreme Court of Georgia | Date Filed: 1984-11-27
Citation: 322 S.E.2d 725, 253 Ga. 576, 1984 Ga. LEXIS 1037
Snippet: the question of exclusion of paternity. OCGA § 19-7-49 (c) provides: "Where the issue of parentage is