Evidence at Trial

1. Law
2. Georgia Code
3. Domestic Relations
4. Parent and Child Relationship Generally
5. Determination of Paternity
6. Evidence at Trial

1. The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.
2. There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.
3. Evidence of a refusal to submit to a genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.
4. An expert's opinion concerning the time of conception is as admissible as is other expert testimony.
5. Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence.
6. Other relevant evidence shall be admitted as is appropriate.

(Code 1933, § 74-307, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1991, p. 950, § 4; Ga. L. 1993, p. 1980, § 2; Ga. L. 1994, p. 1270, § 4; Ga. L. 1997, p. 1613, § 19.)

Cross references.

- Expert opinion testimony in criminal proceedings, § 24-7-707.

Medical reports in narrative form, § 24-8-826.

Identification of medical bills, § 24-9-921.

When medical information may be released, § 24-12-1.

Disclosure of medical records, § 24-12-11 et seq.

Law reviews.

- For article on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997). For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 128 (1993).

JUDICIAL DECISIONS

Laboratory report containing expert opinions.

- Even if a proper foundation was laid to introduce a laboratory report as a business record, it was still not admissible as a whole if the report contained the opinions or conclusion of a third party not before the court. Department of Human Resources v. Corbin, 202 Ga. App. 10, 413 S.E.2d 484 (1991), cert. denied, 202 Ga. App. 905, 413 S.E.2d 484 (1992).

Court orders.

- Failure of an alleged father to obtain a court order for a blood test did not render the results of the test inadmissible. Smith v. Department of Human Resources, 226 Ga. App. 491, 487 S.E.2d 94 (1997).

Cited in Pinson v. State, 194 Ga. App. 506, 391 S.E.2d 28 (1990); Hall v. Coleman, 242 Ga. App. 576, 530 S.E.2d 485 (2000).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Illegitimate Children, §§ 17, 58 et seq.

C.J.S.

- 14 C.J.S., Children Out-of-Wedlock, § 103 et seq.

ALR.

- Admissibility and weight of evidence of resemblance on question of paternity or other relationship, 95 A.L.R. 314.

Admissibility in prosecution for bastardy of evidence of prosecutrix's acquaintance or association with men other than defendant, on issue of paternity of child, 104 A.L.R. 84.

Bastardy proceedings: propriety of exhibition of child to jury to show family resemblance, or lack of it, on issue of paternity, 55 A.L.R.3d 1087.

Admissibility and weight of blood-grouping tests in disputed paternity cases, 43 A.L.R.4th 579.

Admissibility or compellability of blood test to establish testee's nonpaternity for purpose of challenging testee's parental rights, 87 A.L.R.4th 572.

Authentication of blood sample taken from human body for purposes other than determining blood alcohol content, 77 A.L.R.5th 201.

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