TN 29 (10-05)

GN 00306.460 Georgia Intestacy Laws

  1. Child acquires status of child if:

    1. mother and reputed father intermarry and father recognizes child; or

    2. decree of superior court of county of father's residence declares child legitimate upon father's petition; or

    3. child conceived by artificial insemination and born within wedlock or within the usual period of gestation thereafter provided both spouses consented in writing to the use and administration of artificial insemination; or

    4. (I)* prior to 04/01/80, paternity was established in an adjudication during the father's lifetime based on a preponderance of the evidence; or

    5. (I)* effective 04/01/80, during the lifetime of the father and after the conception of the child, a court of competent jurisdiction has entered an order declaring the child to be legitimate under section 74-103 of the Georgia Code, or a court of competent jurisdiction has otherwise entered a court order establishing the father of the child; or

    6. (I)* effective 06/24/86, paternity is established during the lifetime of the father through a preponderance of the evidence or, thereafter, there is clear and convincing evidence that the child is the natural child of the father and that the father intended that the child share in the father's estate; or

    7. (I)* effective 01/01/98, paternity is established during the lifetime of the father through a preponderance of the evidence or, thereafter, there is clear and convincing evidence that the child is the child of the father; or

    8. (I)* effective 07/01/87, father signed a sworn statement attesting to parent-child relationship; or

    9. (I)* effective 07/01/87, father signed the child's birth certificate; or

    10. (I)* effective 07/01/97, both the mother and father have signed a voluntary acknowledgment of paternity, the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, and the acknowledgment has not been rescinded.

    11. Several types of evidence create a presumption of paternity, including:

      • effective 07/01/92, the appearance of the name or Social Security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, constitutes a prima-facie evidence of paternity and shifts the burden of proof to the putative father; or

      • (I)*effective 07/01/93, there is a presumption of paternity based on genetic testing that establishes at least a 97% probability of paternity; such a presumption can only be overcome by clear and convincing evidence.

    12. Other evidence of paternity may include evidence of a refusal to submit to a blood test or other court ordered medical or anthropological test **; an expert's opinion concerning the time of conception or other expert testimony; testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child, and any other relevant evidence.

  2. Father acquires status of parent if mother and father intermarry and the latter recognizes child; or effective 04/01/80, the conditions of A.2., above, are satisfied; or, effective 07/01/91, the conditions of A.4., A.7. or A.8. above, are satisfied, unless, for claims adjudicated prior to 01/19/99 (the date the following condition was declared unconstitutional), a preponderance of the evidence establishes the father's failure or refusal to (1) openly treat the child as his own, or (2) provide support for the child.

* All provisions in this State law entry that are preceded by an “I” operate retroactively to the date of the child’s birth.

**If there was a court order and refusal to obey such an order, determine if there was a later court determination based on that refusal and any other evidence in the case. If so, consider the later court determination under the preponderance of the evidence or clear and convincing evidence standard. If a paternity determination was not issued by the court following such an order and refusal, submit the claim to the RCC for a determination about whether the refusal to comply with the court order has any evidentiary significance under State law; whether the evidence in the claim meets the standard of proof applied by the Georgia courts.


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