Hospital Program for Establishment of Paternity

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Parent and Child Relationship Generally
  5. Legitimacy
  6. Hospital Program for Establishment of Paternity

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  1. 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:
    1. Written materials about administratively establishing paternity;
    2. The forms necessary to voluntarily acknowledge paternity;
    3. 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
    4. 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.
  2. Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law.
  3. 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:
    1. 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;
    2. 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
    3. 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).

ARTICLE 3 DETERMINATION OF PATERNITY

Editor's notes.

- Section 3 of Ga. L. 1980, p. 1374, § 1 of which enacted this article, provided as follows: "The provisions of this Act and the remedy provided herein [see § 19-10-1] are intended to be in addition to and cumulative of all other existing laws related to paternity, child support, or other subjects covered herein; and this Act shall not be construed to limit the operation of or repeal any such existing law."

Law reviews.

- For article, "Faithful Parents: Choice of Childcare Parentage Laws," see 70 Mercer L. Rev. 325 (2019).

JUDICIAL DECISIONS

Neither illegitimate child nor mother barred from bringing paternity suit.

- An illegitimate child cannot be barred from bringing a paternity suit under O.C.G.A. Art. 3, Ch. 7, T. 19, and because the natural mother should be made a party to such a suit, notwithstanding a private contract to the contrary, the natural mother is prevented neither from initiating, nor from participating as a party in an action under that article. Worthington v. Worthington, 250 Ga. 730, 301 S.E.2d 44 (1983).

Illegitimate child precluded from relitigating paternity.

- When the issue of paternity of a child had previously been adjudicated pursuant to divorce proceedings, the principles of estoppel by judgment and res judicata applied. Macuch v. Pettey, 170 Ga. App. 467, 317 S.E.2d 262 (1984).

Finality of paternity determination.

- When the parties were divorced in 1982 with the former husband contesting paternity, the trial court erred in 1990 in finding the former husband was not the child's father, and relieving him from his support obligation. Once there has been a final determination of paternity, a party may not relitigate that issue without first showing, inter alia, that his failure to contest paternity earlier was not the result of a lack of due diligence. Gearing v. Gearing, 261 Ga. 250, 403 S.E.2d 809 (1991).

RESEARCH REFERENCES

Disputed Paternity Cases, 10 Am. Jur. Trials 653.

ALR.

- Statutes limiting time for commencement of action to establish paternity of illegitimate child as violating child's constitutional rights, 16 A.L.R.4th 926.

Right of illegitimate child to maintain action to determine paternity, 19 A.L.R.4th 1082.

Paternity proceedings: right to jury trial, 51 A.L.R.4th 565.


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