How do I establish paternity in Georgia?

Georgia uniquely separates paternity (the duty-of-support relationship) from legitimation (full parental rights). Both are codified in O.C.G.A. Title 19, Chapter 7.

1. Voluntary Paternity Acknowledgment

The Paternity Acknowledgment Form (PAF) is signed by both parents at the hospital or at any later time and filed with the Department of Public Health (DPH) Vital Records. Under O.C.G.A. § 19-7-46.1(b) a properly executed PAF "shall constitute a legal determination of paternity" once 60 days have passed. Either party may rescind within 60 days or before any administrative or judicial proceeding (§ 19-7-46.1(b)). After 60 days, challenges require fraud, duress, or material mistake of fact (§ 19-7-46.1(b)(3)).

2. Court-Ordered Paternity

A paternity petition under O.C.G.A. § 19-7-43 may be filed by the mother, alleged father, child, or the Department of Human Services in superior court of the county where the alleged father resides. The court orders genetic testing on motion (§ 19-7-43(d), § 19-7-45) and 42 U.S.C. § 666(a)(5)(B); results of 97% or greater create a rebuttable presumption (§ 19-7-43(g)(2)).

3. Presumption of Paternity / Legitimation

A child born during a valid marriage is presumed legitimate (§ 19-7-20). Crucially, a biological father who is not married to the mother does NOT have parental rights until he files a separate legitimation petition under O.C.G.A. § 19-7-22 in superior court — paternity alone yields only a support obligation.

4. Effects of Establishing Paternity

Triggers child support under O.C.G.A. § 19-6-15 guidelines and opens intestate inheritance under § 53-2-3. For custody and visitation, legitimation under § 19-7-22 is required. Birth-certificate amendment is via DPH Form 3940.

5. Special Situations

Same-sex spouses are presumed parents under § 19-7-20 post-Obergefell. Sperm donors under O.C.G.A. § 19-7-21 are not parents. Georgia does not have a statutory surrogacy framework; parentage orders are obtained case-by-case. A father may also legitimate by marrying the mother and recognizing the child as his own (§ 19-7-20(b)).

This is legal information, not legal advice.