Whenever the department receives an application for services under this article on behalf of a child born out of wedlock and the child's mother identifies in writing the putative father of the child, the department may make an investigation of the surrounding circumstances and may request that the putative father acknowledge paternity under oath. If the department is unable to secure such an acknowledgment, the department may initiate legal proceedings to establish the paternity of the child, unless the department determines, in accordance with standards prescribed pursuant to the federal Social Security Act, that it is against the best interests of the child to do so.
(Ga. L. 1976, p. 1537, § 3.)
Cross references.- Proceedings to determine paternity, § 19-7-40 et seq.
U.S. Code.- The federal Social Security Act, referred to in this Code section, is codified at 42 U.S.C. § 601 et seq.
Law reviews.- For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003).
JUDICIAL DECISIONS
Establishment of paternity is not jurisdictional under the Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., but rather it is only an essential element without proof of which recovery may not be effected. Department of Human Resources v. Carlton, 174 Ga. App. 30, 329 S.E.2d 181 (1985).
Cited in Peterson v. Moffitt ex rel. Dep't of Human Resources, 253 Ga. 253, 319 S.E.2d 449 (1984).
OPINIONS OF THE ATTORNEY GENERALNo right to a jury trial exists in a civil action for the establishment of paternity. 1997 Op. Att'y Gen. No. 97-5.
RESEARCH REFERENCES
Am. Jur. 2d.
- 79 Am. Jur. 2d, Welfare Laws, § 65.
C.J.S.- 10 C.J.S., Bastards, §§ 15, 16.