The husband will automatically be the legal father of the child when the child is born, because the child will be legally considered to be a child born of the marriage. However, if the biological father of the child decides to file for paternity, the biolgical father can and will be established as the legal father of the child.
O.C.G.A. § 19-7-43 (Copy w/ Cite)
Pages: 2
O.C.G.A. § 19-7-43
GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
*** Current through the 2009 Regular Session ***
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 3. DETERMINATION OF PATERNITY
O.C.G.A. § 19-7-43 (2009)
§ 19-7-43. Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests
(a) A petition to establish the paternity of a child may be brought by:
(1) The child;
(2) The mother of the child;
(3) Any relative in whose care the child has been placed;
(4) The Department of Human Services in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or
(5) One who is alleged to be the father.
(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section.
(c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions.
(d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established.
(e) In any case in which the paternity of a child or children has not been established, the Department of Human Services may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. The request for the order shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department prior to the testing or the imposition of any noncooperation sanction.
(f) In any case in which the court or the department orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request.
HISTORY: Code 1933, § 74-304, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1985, p. 279, § 3; Ga. L. 1997, p. 1613, § 17; Ga. L. 2002, p. 1247, § 4; Ga. L. 2009, p. 453, § 2-2/HB 228.
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O.C.G.A. § 19-7-21.1
GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
*** Current through the 2009 Regular Session ***
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 2. LEGITIMACY
O.C.G.A. § 19-7-21.1 (2009)
§ 19-7-21.1. "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment
(a) As used in this Code section, the term:
(1) "Acknowledgment of legitimation" means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.
(2) "Legal father" means a male who:
(A) Has legally adopted a child;
(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;
(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;
(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or
(F) Has legitimated a child pursuant to this Code section
and who has not surrendered or had terminated his rights to the child.
(b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation.
(c) Voluntary acknowledgment of legitimation shall not be recognized if:
(1) The mother was married to another man when the child was born;
(2) The mother was married to another man at any time within the usual period of gestation;
(3) There is another legal father;
(4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother's parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending;
(5) The mother has signed a voluntary acknowledgment of legitimation with another man; or
(6) The child is one year of age or older.
(d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation.
(e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation.
(f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20.
(g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded.
HISTORY: Code 1981, § 19-7-21.1, enacted by Ga. L. 2008, p. 667, § 4/SB 88.
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O.C.G.A. § 19-7-20
GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
*** Current through the 2009 Regular Session ***
TITLE 19. DOMESTIC RELATIONS
CHAPTER 7. PARENT AND CHILD RELATIONSHIP GENERALLY
ARTICLE 2. LEGITIMACY
O.C.G.A. § 19-7-20 (2009)
§ 19-7-20. What children are legitimate; disproving legitimacy; legitimation by marriage of parents and recognition of child
(a) All children born in wedlock or within the usual period of gestation thereafter are legitimate.
(b) 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.
(c) 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.
HISTORY: 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.
