Georgia Code
Article 2 - Legitimacy
§ 19-7-22. Petition for Legitimation of Child; Requirement That Mother Be Named as a Party; Court Order; Effect; Claims for Custody or Visitation; Third-Party Action for Legitimation in Response to Petition to Establish Paternity

History. Orig. Code 1863, § 1738; Code 1868, § 1778; Code 1873, § 1787; Code 1882, § 1787; Civil Code 1895, § 2494; Civil Code 1910, § 3013; Code 1933, § 74-103; Ga. L. 1985, p. 279, § 2; Ga. L. 1988, p. 1720, § 5; Ga. L. 1989, p. 441, § 1; Ga. L. 1997, p. 1613, § 14; Ga. L. 1997, p. 1681, § 5; Ga. L. 2000, p. 20, § 10; Ga. L. 2005, p. 1491, § 1/SB 53; Ga. L. 2007, p. 554, § 6/HB 369; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2013, p. 294, § 4-24/HB 242; Ga. L. 2016, p. 219, § 2/SB 331; Ga. L. 2016, p. 304, § 3/SB 64.
The 2016 amendments. —
The first 2016 amendment, effective July 1, 2016, added the paragraph (c)(1) (now paragraph (d)(1)) designation; substituted present paragraph (c)(1) (now paragraph (d)(1)) for former subsection (c), which read: “Upon the presentation and filing of the petition, the court may pass an order declaring the father’s 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.”; and, added paragraph (c)(2) (now paragraph (d)(2)). The second 2016 amendment, effective July 1, 2016, rewrote this Code section.
Cross references.
Effect of legitimation on vital records, §§ 31-10-12, 31-10-14.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1997, subsection (b), as enacted by Ga. L. 1997, p. 1613, § 14, was redesignated as subsection (g) (now subsection (h)).
Pursuant to Code Section 28-9-5, in 2016, a portion of the amendment of paragraph (c)(1) (now paragraph (d)(1)) of this Code section by Ga. L. 2016, p. 219, § 2/SB 331, was treated as impliedly repealed and superseded by Ga. L. 2016, p. 304, § 3/SB 64, due to irreconcilable conflict.
Editor’s notes.
Ga. L 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: “The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.”
Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides: “This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.”
Law reviews.
For note discussing the admissibility of husband and wife’s testimony concerning nonaccess in determining the legitimacy of a child, see 6 Ga. St. B.J. 448 (1970).
For comment on statutes requiring consent of mother, but not of father, as prerequisite to adoption of illegitimate child, violating the fourteenth amendment equal protection clause, see 29 Emory L.J. 833 (1981).
For note on the role of a judicial determination of paternity in the inheritance rights of illegitimate children in Georgia, see 16 Ga. L. Rev. 171 (1981).
For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).
For case comment, “In re Baby Girl Eason: Balancing Three Competing Interests in Third Party Adoptions,” see 22 Ga. L. Rev. 1217 (1988).
For comment, “The Constitutional Rights of Unwed Fathers in Georgia: In re Baby Girl Eason,” see 5 Ga. St. U.L. Rev. 591 (1989).
For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 234 (1989).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).
For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003).
For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005).
For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007).
For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008).
For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).
For article on domestic relations, see 66 Mercer L. Rev. 65 (2014).
For annual survey of domestic relations law, see 67 Mercer L. Rev. 47 (2015).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).
For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Rev. 127 (2016).
For annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017).
For article with annual survey on domestic relations, see 73 Mercer L. Rev. 89 (2021).