Staff Analysis of the Legislation
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SB 64 repeals 19-7-21.1 in its
entirety and amends O.C.G.A. § 15-11-2, Title 19, and Chapter 10 of Title 31.
O.C.G.A. § 19-7-22 is revised by creating definitions for “biological father”
and “legal father.” During a legitimation petition process, if there is a legal
father who is not the biological father, the legal father shall be named a
party by the petitioner and shall be served. The court may issue an order
declaring the biological father’s relationship to the child to be legitimate
provided that such order is in the best interest of the child. In determining
the best interests of the child, and to ensure that the petitioning alleged
biological father is in fact the father, the court may order parties to submit
to a genetic test, pursuant to O.C.G.A. § 19-7-45. The Chapter is further
amended by revising O.C.G.A. § 19-7-27, requiring the hospital in which a child
was delivered to an unmarried mother to provide her and the alleged father with
information and forms regarding voluntary acknowledgement of paternity, and a
written description of the rights and responsibilities of acknowledging
paternity. When both the mother and father have signed a voluntary
acknowledgement of paternity in the presence of a notary public, such
acknowledgement should be filed with the State Office of Vital Records within
30 days of execution. |