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GA Code § 19-7-27 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 2 - Legitimacy|§ 19-7-27. Hospital Program for Establishment of Paternity

  Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father:   Written materials about administratively establishing paternity;   The forms necessary to voluntarily acknowledge paternity;   A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and   The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity and the availability of judicial determinations of paternity.     Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law.   After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall:   Provide the child's mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity if a notary public is available at such hospital;   File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgment is signed at the hospital on or before the mother is discharged; and   Provide to the child's mother and alleged father copies of the signed voluntary acknowledgment of paternity.       (Code 1981, §19-7-27, enacted by Ga. L. 1994, p. 1270, § 2; Ga. L. 1999, p. 81, § 19; Ga. L. 2016, p. 304, § 5/SB 64.)    The 2016 amendment,  effective July 1, 2016, rewrote this Code section.   Editor's notes.   - 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 annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017).   JUDICIAL DECISIONS    Cited in Mathenia v. Brumbelow, 308 Ga. 714, 843 S.E.2d 582 (2020).
GA Code § 19-7-42 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-42. Venue

 The action shall be brought in the county in which the alleged father resides, except that, if the alleged father is not a resident of this state, the action shall be brought in the county in which the child resides.   (Code 1933, § 74-303, enacted by Ga. L. 1980, p. 1374, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, §§ 36, 38, 40, 41.   C.J.S.   - 14 C.J.S., Children Out-of-Wedlock, § 88.
GA Code § 19-7-44 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-44. Appointment of Guardian Ad Litem; Payment of Guardian; Notice to Natural Mother

  The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem.   The natural mother shall be made a party or, if not subject to the jurisdiction of the court, shall be given notice in a manner prescribed by the court and an opportunity to be heard.    (Code 1933, § 74-305, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1992, p. 1833, § 3; Ga. L. 1996, p. 923, § 1.)   Law reviews.   - For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 234 (1992).   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, § 39.   ALR.   - Necessity or propriety of appointment of independent guardian for child who is subject of paternity proceedings, 70 A.L.R.4th 1033.
GA Code § 19-7-46.2 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-46.2. Temporary Order of Support

  Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage.   All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount.   Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued.   Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father along with any interest that may have accrued.     (Code 1981, §19-7-46.2, enacted by Ga. L. 1997, p. 1613, § 21.)   Law reviews.   - For article on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).
GA Code § 19-7-47 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-47. Civil Action; Testimony of Mother and Alleged Father; Default Judgments

  Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify.   If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9, the "Georgia Civil Practice Act," the case shall automatically become in default unless the time for filing the answer has been extended as provided by law.The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence.    (Code 1933, § 74-308, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1994, p. 1270, § 5; Ga. L. 1999, p. 81, § 19.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, §§ 61, 65.   C.J.S.   - 14 C.J.S., Children Out-of-Wedlock, § 104 et seq.
GA Code § 19-7-48 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-48. Settlement, Dismissal, or Termination of Civil Action

 The child must be a party to a settlement agreement with the alleged father. The court must approve any settlement agreement, dismissal, or termination of the action which does not adjudicate the merits of the case.   (Code 1933, § 74-309, enacted by Ga. L. 1980, p. 1374, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, § 53.   C.J.S.   - 14 C.J.S., Children Out-of-Wedlock, § 118.   ALR.   - Lump-sum compromise and settlement, or release, of bastardy claim or of bastardy or paternity proceedings, 84 A.L.R.2d 524.   Avoidance of lump-sum settlement or release of bastardy claim on grounds of fraud, mistake, or duress, 84 A.L.R.2d 593.
GA Code § 19-7-50 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-50. Expenses of Litigation

 The court may order reasonable fees of counsel, experts, and the child's guardian ad litem and other costs of the action and pretrial proceedings, including blood and other tests, to be paid by the parties in proportions and at times determined by the court.   (Code 1933, § 74-311, enacted by Ga. L. 1980, p. 1374, § 1.)   RESEARCH REFERENCES   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.
GA Code § 19-7-51 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-51. Order of Support and Other Provisions

 The decree or order establishing paternity may contain any other provisions concerning the duty to support the child by periodic or lump sum payments, as provided in Code Section 19-6-15, or any other matter in the best interests of the child.   (Code 1933, § 74-312, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 2016, p. 304, § 8/SB 64.)    The 2016 amendment,  effective July 1, 2016, inserted "establishing paternity" near the beginning and substituted "as provided in Code Section 19-6-15, or any other matter in the best interests" for "visitation privileges with the child or any other matter in the best interest" at the end of this Code section.   Editor's notes.   - 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."   JUDICIAL DECISIONS   Custody not determined in legitimation action.    - In a proceeding on a father's petition for custody, when the issue of custody had not been determined in a prior legitimation action, the court erred in requiring the father to show a material change of condition affecting the well being of the child; rather, the dispute must be resolved under the best interest of the child test. Kennedy v. Adams, 218 Ga. App. 120, 460 S.E.2d 540 (1995).    Cited in Mullin v. Roy, 287 Ga. 810, 700 S.E.2d 370 (2010).   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, §§ 78, 79.   C.J.S.   - 14 C.J.S., Children Out-of-Wedlock, §§ 123, 124.   ALR.   - Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.   Liability of father for retroactive child support on judicial determination of paternity, 87 A.L.R.5th 361.
GA Code § 19-7-52 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-52. To Whom Support Payments Made; Enforcement and Modification of Orders

  The court may order that support payments be made to the mother or other interested party, the child support receiver, the prosecuting attorney, the community supervision officer, or the clerk of court, provided that, in those cases where the action has been brought by the Department of Human Services on behalf of a child, the support payment shall be made to the Department of Human Services for distribution or to the child support receiver if the Department of Human Services so requests.   The same remedies and procedures shall apply for enforcement and modification of visitation and support orders as apply to enforcement and modification of such orders arising from divorce proceedings.    (Code 1933, § 74-313, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2015, p. 422, § 5-43/HB 310.)   Editor's notes.   - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
GA Code § 19-7-53 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 3 - Determination of Paternity|§ 19-7-53. Confidentiality of Hearings

 Upon motion of any party, any hearing or trial held under this article may be held in closed court without the admittance of any person other than those necessary to the action or proceeding.   (Code 1933, § 74-314, enacted by Ga. L. 1980, p. 1374, § 1.)   Cross references.   - Exclusion of public from courtroom in civil trials generally, § 9-10-3.
GA Code § 19-8-20 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 8 - Adoption|Article 1 - General Provisions|§ 19-8-20. Forwarding of Decree, Report, and Subsequent Orders to Department; Issuance of Adoption Certificate; Use as Evidence

  Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department.If there is any subsequent order or revocation of the adoption, a copy of same in like manner shall be forwarded by the clerk to the department.   At any time after the entry of the decree of adoption, upon the request of an adopted individual who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted individual or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate.    (c) The adoption certificate shall conform substantially to the following form:   "This is to certify that _____________ (names of each adopting parent) have obtained a decree of adoption for _____________ (full name of adoptee and date of birth of adoptee) in the Superior Court of _____________ County, Georgia, on the ________ day of ________, as shown by the court's records _____________ (adoption file number). Given under the hand and seal of said court, this the ________ day of ________, ________. ________________________ Clerk "    (Code 1981, §19-8-20, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1324, § 4; Ga. L. 1991, p. 1640, § 8; Ga. L. 2018, p. 19, § 1-1/HB 159; Ga. L. 2020, p. 493, § 19/SB 429.)    The 2018 amendment,  effective September 1, 2018, inserted a comma following "the adoption" in the middle of the second sentence of subsection (a); substituted "individual" for "person" twice in subsection (b); in subsection (c), substituted "shall conform substantially to" for "shall be in substantially" in the introductory paragraph, inserted quotes around the form, and substituted "adoptee and date of birth of adoptee" for "adopted child" in the middle of the form.    The 2020 amendment,  effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (c).   RESEARCH REFERENCES   C.J.S.   - 2 C.J.S., Adoption of Persons, § 6.   ALR.    - Necessity of notice to parents before adoption of child, 24 A.L.R. 416; 76 A.L.R. 1077.
GA Code § 19-8-21 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 8 - Adoption|Article 1 - General Provisions|§ 19-8-21. Adoption of Adult Individuals; Applicability of Code Sections 19-8-19 and 19-8-20

  Adult individuals may be adopted on giving written consent to the adoption.In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his or her written consent to the adoption.The court may assign the petition for adoption for hearing at any time.The petition for adoption shall state whether one or both parents of the adult to be adopted will be replaced by the grant of such petition, and if only one parent is to be replaced, then the decree of adoption shall make clear which parent is to be replaced by adoption.After examining each petitioner and the adult to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult.Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child.   Code Sections 19-8-19 and 19-8-20 shall also apply to the adoption of adults.     (Code 1981, §19-8-21, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159.)    The 2018 amendment,  effective September 1, 2018, in subsection (a), in the first sentence, substituted "individuals" for "persons" near the beginning, substituted "one conformed copy" for "two conformed copies" near the middle, deleted "either" following "county in which" in the middle, inserted "or her" near the end, in the second sentence, inserted "adoption for", added the third sentence, in the fourth sentence, deleted "sought" following "the adult" near the beginning, in the fifth sentence, inserted "the same as", "a", and "adult" near the end; and substituted "Sections 19-8-19 and 19-8-20" for "Section 19-8-19, relating to the effect of a decree of adoption, and Code Section 19-8-20, relating to notice of adoption," in subsection (b).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Adoption, § 26 et seq.   C.J.S.   - 2 C.J.S., Adoption of Persons, §§ 22, 23.   ALR.   - Adoption of adult, 21 A.L.R.3d 1012; 42 A.L.R.4th 776.
GA Code § 19-8-22 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 8 - Adoption|Article 1 - General Provisions|§ 19-8-22. Recognition and Effect of Order by Court or Administrative Body Within or Outside United States

  A decree of a court or an administrative proceeding terminating the relationship of parent and child, establishing the relationship of guardian and ward, or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court or administrative body of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child when the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country, shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4, 19-8-5, 19-8-6, 19-8-7, 19-8-8, and 19-8-12.   Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection had been effective at the time such proceeding was filed or concluded shall be governed by subsection (a) of this Code section.     (Code 1981, §19-8-22, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 2018, p. 19, § 1-1/HB 159.)    The 2018 amendment,  effective September 1, 2018, in subsection (a), inserted "or an administrative proceeding" near the beginning, inserted ", establishing the relationship of guardian and ward,", inserted "or administrative body" near the middle, substituted "when the appointment" for "where the appointment" in the middle, and inserted a comma following "foreign country"; in subsection (b), deleted ", as amended," following "subsection" in the middle, deleted "the provisions of" following "governed by" near the end, and deleted ", as amended" at the end; and deleted former subsection (c), which read: "Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provisions of subsection (a) of this Code section are applicable shall be governed by the provisions of subsection (a) of this Code section, as amended."   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Adoption, § 36 et seq.   C.J.S.   - 2 C.J.S., Adoption of Persons, § 139.   ALR.   - Conflict of laws as to adoption as affecting descent and distribution of decedent's estate, 87 A.L.R.2d 1240.
GA Code § 19-8-25 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 8 - Adoption|Article 1 - General Provisions|§ 19-8-25. Effect of Prior Consent or Surrender of Rights

  A written consent or surrender of rights, executed on or before August 31, 2018, shall, for purposes of an adoption proceeding commenced on or after September 1, 2018, be deemed to satisfy the surrender requirements of this article and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this article shall be complied with.   It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this article to adoption proceedings pending on August 31, 2018.Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to September 1, 2018, shall be valid if the adoption conformed to the requirements of this article either as they existed on August 31, 2018, or on September 1, 2018, and each such adoption decree is hereby ratified and confirmed.     (Code 1981, §19-8-25, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, § 12; Ga. L. 2018, p. 19, § 1-1/HB 159.)    The 2018 amendment,  effective September 1, 2018, in this Code section, substituted "August 31, 2018" for "June 30, 1990" and substituted "September 1, 2018" for "July 1, 1990" throughout; substituted "article" for "chapter" in subsection (a) and twice in subsection (b); and, in subsection (a), inserted "of rights" near the beginning, and substituted "article shall" for "chapter must" near the end.
GA Code § 19-8-28 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 8 - Adoption|Article 1 - General Provisions|§ 19-8-28. Adoption of an Orphan

 When a child is an orphan, the petitioner shall not be required to have a guardian appointed for such child in order for a guardian to execute a surrender of rights.Such child shall be adoptable without a surrender of rights.    (Code 1981, §19-8-28, enacted by Ga. L. 2018, p. 19, § 1-1/HB 159.)