GA Code § 19-7-20 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 7 - Parent and Child Relationship Generally|Article 2 - Legitimacy|§ 19-7-20. Circumstances of Legitimacy; Disproving Legitimacy; Legitimation by Marriage of Parents and Recognition of Child

  All children born in wedlock or within the usual period of gestation thereafter are legitimate.   The legitimacy of a child born as described in subsection (a) of this Code section may be disputed. Where possibility of access exists, the strong presumption is in favor of legitimacy and the proof must be clear to establish the contrary. If pregnancy existed at the time of the marriage and a divorce is sought and obtained on that ground, the child, although born in wedlock, will not be legitimate.   The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father.    (Orig. Code 1863, §§ 1736, 1737; Code 1868, § 1777; Code 1873, § 1786; Code 1882, § 1786; Civil Code 1895, § 2493; Civil Code 1910, § 3012; Code 1933, § 74-101; Ga. L. 1988, p. 1720, § 4.)   Cross references.   - Inheritance rights of child born out of wedlock, § 53-2-3.   Law reviews.   - For article, "Georgia Inheritance Rights of Children Born Out of Wedlock," see 23 Ga. St. B.J. 28 (1986). For article, "Who is Georgia's Mother? Gestational Surrogacy: A Formulation for Georgia's Legislature," see 38 Ga. L. Rev. 395 (2003). For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004). For note proposing Blood Grouping Test Act to expand admissible guidance in paternity proceedings, see 1 Mercer L. Rev. 266 (1950). For note discussing scientific basis of blood classification and use of blood tests as evidence, see 16 Mercer L. Rev. 306 (1964). For note discussing legitimation of illegitimate children by subsequent marriage of parents, see 4 Ga. L. Rev. 383 (1970). For note discussing the admissibility of husband and wife's testimony concerning nonaccess in determining the legitimacy of a child, see 6 Ga. St. B.J. 448 (1970). 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). For comment on Wallace v. Wallace, 221 Ga. 510, 145 S.E.2d 546 (1965), see 3 Ga. St. B.J. 219 (1966). For case comment, "In re Baby Girl Eason: Balancing Three Competing Interests in Third Party Adoptions," see 22 Ga. L. Rev. 1217 (1988).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application    OPINIONS OF THE ATTORNEY GENERAL    Statute placed strong presumption in favor of legitimacy  of child born in wedlock, and while this legitimacy may be disputed, it would take clear and positive evidence to rebut presumption in favor of child's legitimacy. 1945-47 Op. Att'y Gen. p. 418.    Mere indication that husband is not natural father of child  is insufficient to rebut this presumption. 1945-47 Op. Att'y Gen. p. 418.    Issue born of common-law marriage would be legitimate.  1958-59 Op. Att'y Gen. p. 89.   RESEARCH REFERENCES   Am. Jur. 2d.   - 41 Am. Jur. 2d, Illegitimate Children, §§ 1 et seq., 14, 17, 68, 119.   C.J.S.   - 14 C.J.S., Children Out-of-Wedlock, §§ 1, 13, 16 et seq.   ALR.    - Attempt to bastardize child as affecting right to custody of the child, 4 A.L.R. 1119; 37 A.L.R. 531.    Presumption of legitimacy of child born to married woman as affected by lapse of more than normal period of gestation after access by husband, 7 A.L.R. 329.    Right of child legitimated by marriage of parents to take by inheritance from kindred of parents, 64 A.L.R. 1124.    What constitutes a "marriage" within meaning of a statute legitimating issue of all marriages null in law, 84 A.L.R. 499.    Degree of proof necessary to overcome presumption of legitimacy, 128 A.L.R. 713.    Status of child born to inmate of public institution, 159 A.L.R. 1229.    Legitimating effect of intermarriage of parents as affected by father's failure to acknowledge paternity, 175 A.L.R. 375.   Admissibility, on issue of child's legitimacy or parentage, of declarations of parents, relatives, or the child, deceased or unavailable, 31 A.L.R.2d 989.   Presumption of legitimacy, or of paternity, of child conceived or born before marriage, 57 A.L.R.2d 729.   Who qualifies as "child" within survivor benefit provisions of Federal Social Security Act, § 216(h)(2) [42 U.S.C. § 416(h)(2)], 60 A.L.R.2d 1070.   Determination of paternity, legitimacy, or legitimation in action for divorce, separation, or annulment, 65 A.L.R.2d 1381.   Race or color of child as admissible in evidence on issue of legitimacy or paternity, or as basis of rebuttal or exception to presumption of legitimacy, 32 A.L.R.3d 1303.   Presumption of legitimacy of child born after annulment, divorce, or separation, 46 A.L.R.3d 158.   Rule as regards competency of husband or wife to testify as to nonaccess, 49 A.L.R.3d 212.   Death of putative father as precluding action for determination of paternity or for child support, 58 A.L.R.3d 188.   Effect, in subsequent proceedings, of paternity findings or implications in divorce or annulment decree or in support of custody order made incidental thereto, 78 A.L.R.3d 846.   Legitimation by marriage to natural father of child born during mother's marriage to another, 80 A.L.R.3d 219.   Proof of husband's impotency or sterility as rebutting presumption of legitimacy, 84 A.L.R.3d 495.   Who may dispute presumption of legitimacy of child conceived or born during wedlock, 90 A.L.R.3d 1032.   Rights and remedies of parents inter se with respect to the names of their children, 40 A.L.R.5th 697.