Requiring payment of costs prior to trial violates constitution.

- To the extent that O.C.G.A. § 19-7-50 allows the state to compel prepayment of court costs without a hearing on the merits, the statute is unconstitutional under the provisions of Ga. Const. 1976, Art. I, Sec. I, Para. I (see now Ga. Const. 1983, Art. I, Sec. I, Para. I). Boone v. State, Dep't of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727 (1982).

Court may place initial burden on state for blood test costs.

- In cases involving determinations of paternity, the court is authorized to initially place the burden of paying the cost of blood tests upon the state. Georgia Dep't of Human Resources ex rel. Jackson v. Jackson, 252 Ga. 403, 314 S.E.2d 105 (1984).

Denying request that state pay for blood tests.

- Trial court's denial of a putative father's request to require the state to make pretrial payment of the costs of the blood tests to determine paternity effectively denied the putative father access to blood test evidence and amounted to a violation of due process. Peterson v. Moffitt ex rel. Dep't of Human Resources, 253 Ga. 253, 319 S.E.2d 449 (1984).

Requiring putative father to pay costs of blood test.

- It is a violation of due process for the state to require a putative father to pay the costs of a blood test for the purpose of determining paternity when no hearing has been conducted on the merits of the case. Boone v. State, Dep't of Human Resources ex rel. Carter, 250 Ga. 379, 297 S.E.2d 727 (1982).

Attorney's fees award could not be sustained on record.

- In a paternity proceeding, an award of attorney fees to the mother that did not specify a contractual or statutory basis for the award could not be sustained based on O.C.G.A. § 19-7-50 as the record did not contain the petition for attorney fees, the evidence considered by the trial court, or a transcript of the fee hearing. Accordingly, remand was required to determine whether the mother could recover attorney fees under § 19-7-50. Sinkwich v. Conner, 288 Ga. App. 320, 654 S.E.2d 182 (2007).

Trial court did not fail to award adequate fees.

- In a mother's paternity suit to establish the legitimation, custody, and support of her minor child by the father, the mother asked for an award of $20,000 in attorney fees. The trial court recognized that the court had awarded the mother $5,000 in fees during the pendency of the action; therefore, the court did not abuse the court's discretion by awarding the mother an additional $5,000 in fees under the authority of O.C.G.A. § 19-7-50 at the final hearing. Jackson v. Irvin, 316 Ga. App. 560, 730 S.E.2d 48 (2012).

Cited in Avren v. Garten, 289 Ga. 186, 710 S.E.2d 130 (2011).

C.J.S.

- 14 C.J.S., Children Out-of-Wedlock, §§ 139, 140, 142.

ALR.

- Right of indigent defendant in paternity suit to have assistance of counsel at state expense, 4 A.L.R.4th 363.

Entitlement to attorney's fees under Uniform Parentage Act of 1973, 72 A.L.R.6th 413.