05
SB53/AP
Senate
Bill 53
By:
Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the
37th and Weber of the 40th
AS
PASSED
AN
ACT
To
amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia
Annotated, relating to legitimacy, so as to provide for a father to legitimate
his child by establishing paternity; to provide where petitions of legitimation
shall be filed and served; to address the issues of custody and visitation in
certain legitimation actions; to provide for legitimation by a voluntary
acknowledgment of paternity in certain circumstances; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating
to legitimacy, is amended by striking Code Section 19-7-22, relating to petition
for legitimation of child, notice to mother, court order, effect, and
intervention by father, and inserting in lieu thereof the
following:
"19-7-22.
(a)
A father of a child born out of wedlock may render his relationship with the
child legitimate by petitioning the superior court of the county of the
residence of the
child́s
mother or other party having legal custody or guardianship of the child;
provided, however, that if the mother or other party having legal custody or
guardianship of the child resides outside the state or cannot, after due
diligence, be found within the state, the petition may be filed in the county of
the
fatheŕs
residence or the county of the
child́s
residence. If a petition for the adoption of the child is pending, the father
shall file the petition for legitimation in the county in which the adoption
petition is filed.
(b)
The petition shall set forth the name, age, and sex of the child, the name of
the mother, and, if the father desires the name of the child to be changed, the
new name. If the mother is alive, she shall be named as a party and shall be
served and provided an opportunity to be heard as in other civil actions under
Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'
(c)
Upon the presentation and filing of the petition, the court may pass an order
declaring the
fatheŕs
relationship with the child to be legitimate, and that the father and child
shall be capable of inheriting from each other in the same manner as if born in
lawful wedlock and specifying the name by which the child shall be
known.
(d)
A legitimation petition may be filed, pursuant to paragraph (2) of subsection
(e) of Code Section 15-11-28, in the juvenile court of the county in which a
deprivation proceeding regarding the child is pending.
(e)
Except as provided by subsection (f) of this Code section, the court shall upon
notice to the mother further establish such duty as the father may have to
support the child, considering the facts and circumstances of the
motheŕs
obligation of support and the needs of the child as provided under Code Section
19-6-15.
(f)
After a petition for legitimation is granted, if a demand for a jury trial as to
support has been properly filed by either parent, then the case shall be
transferred from juvenile court to superior court for such jury
trial.
(f.1)
The petition for legitimation may also include claims for visitation or custody.
If such claims are raised in the legitimation action, the court may order, in
addition to legitimation, visitation or custody based on the best interests of
the child standard. In a case involving allegations of family violence, the
provisions of paragraph (2) of subsection (a) of Code Section 19-9-1 shall also
apply.
(g)(1)
In any petition to establish paternity pursuant to paragraph (4) of subsection
(a) of Code Section 19-7-43, the alleged
fatheŕs
response may assert a third-party action for the legitimation of the child born
out of wedlock. Upon the determination of paternity or if a voluntary
acknowledgment of paternity has been made and has not been rescinded pursuant to
Code Section 19-7-46.1, the court or trier of fact as a matter of law and
pursuant to the provisions of Code Section 19-7-51 may enter an order or decree
legitimating a child born out of wedlock, provided that such is in the best
interest of the child. Whenever a petition to establish the paternity of a child
is brought by the Department of Human Resources, issues of name change,
visitation, and custody shall not be determined by the court until such time as
a separate petition is filed by one of the parents or by the legal guardian of
the child, in accordance with Code Section 19-11-8; if the petition is brought
by a party other than the Department of Human Resources or if the alleged father
seeks legitimation, the court may determine issues of name change, visitation,
and custody in accordance with subsections (b) and (f.1) of this Code section.
Custody of the child shall remain in the mother unless or until a court order is
entered addressing the issue of custody.
(2)
In any voluntary acknowledgment of paternity which has been made and has not
been rescinded pursuant to Code Section 19-7-46.1, when both the mother and
father freely agree and consent, the child may be legitimated by the inclusion
of a statement indicating a voluntary acknowledgment of
legitimation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.