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2018 Georgia Code 53-2-5 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 1 GENERAL PROVISIONS

53-2-5. Children conceived by artificial insemination.

An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual.

(Code 1981, §53-2-5, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section clarifies that the rules of inheritance by, from and through biological children apply equally to children who have been conceived by artificial insemination provided they are deemed legitimate in accordance with OCGA Sec. 19-7-21.

Law reviews.

- For note, "A New Era of Dead-Beat Dads: Determining Social Security Survivor Benefits for Children Who Are Posthumously Conceived," see 56 Mercer L. Rev. 759 (2005).

Cases Citing O.C.G.A. § 53-2-5

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Horton v. Burch, 471 S.E.2d 879 (Ga. 1996).

Cited 8 times | Published | Supreme Court of Georgia | Jul 1, 1996 | 267 Ga. 1, 96 Fulton County D. Rep. 2464

...Thus, there can be only one "legal declaration of a person's intention regarding the disposition of his property after his death," OCGA § 53-2-1, albeit an individual's declaration of that intention may be set forth in more than one document. See, e.g., OCGA § 53-2-5 (codicils); OCGA § 53-2-75 (implied revocation)....