Georgia Paternity and Legitimation Petition Packet

GEORGIA PATERNITY AND LEGITIMATION PETITION PACKET

O.C.G.A. §§ 19-7-20, 19-7-22, 19-7-43, 19-7-46.1 — Filing Packet

PART 1 — PRE-PETITION CHECKLIST (BOTH PROCEEDINGS)

☐ Identify petitioner's role: mother / biological father / custodian / DCSS / child / alleged father
☐ Determine objective: paternity only (support) vs. legitimation (legal-parent rights) vs. both
☐ If father seeking custody/visitation, LEGITIMATION under § 19-7-22 is required — paternity alone is insufficient
☐ Confirm marital status of mother at conception and birth — under § 19-7-20 child born in marriage is presumed legitimate (legal father = husband)
☐ Determine whether Vital Records Form 3940 Paternity Acknowledgment has been signed and filed with Georgia State Office of Vital Records
☐ Determine whether a Voluntary Acknowledgment of Legitimation under § 19-7-21.1 has been signed (separate from § 19-7-46.1 paternity acknowledgment)
☐ Verify whether the 60-day rescission window under § 19-7-46.1(b)(3) has expired
☐ ICWA inquiry — is the child a member or eligible for membership in a federally recognized tribe?
☐ Obtain certified copy of child's birth certificate
☐ Locate alleged/biological father — full legal name, current address, date of birth, SSN if known
☐ Check Georgia Putative Father Registry status (registration with Vital Records)
☐ Assess whether DCSS (Division of Child Support Services) is involved
☐ Determine venue:
☐ Paternity: superior or state court; concurrent jurisdiction (§ 19-7-40(a))
☐ Legitimation: superior court of county of residence of child's mother or other party having legal custody/guardianship; if mother outside Georgia or cannot be found, father's residence or child's residence (§ 19-7-22(b))
☐ Prepare service plan
☐ Retain copies of all communications, hospital records, photographs, DNA results

PART 2A — PETITION TO ESTABLISH PATERNITY (O.C.G.A. § 19-7-43)

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

VERIFIED PETITION TO ESTABLISH PATERNITY

COMES NOW Petitioner, [PETITIONER'S NAME], and pursuant to O.C.G.A. § 19-7-43 files this Verified Petition to Establish Paternity, showing:

I. JURISDICTION AND VENUE

1. Petitioner is the [mother / child by next friend / relative-custodian / DHS/DCSS / alleged biological father] of the minor child.
2. Petitioner's residence: [______________________________________________]
3. Respondent's residence: [______________________________________________]
4. Minor child's residence: [______________________________________________]
5. This Court has subject-matter jurisdiction under O.C.G.A. § 19-7-40(a) (concurrent with state court) and personal jurisdiction over Respondent under O.C.G.A. § 9-10-91.
6. Venue is proper under O.C.G.A. § 19-7-46.

II. THE MINOR CHILD

7. Full legal name: [______________________________________________]
8. Date of birth: [__/__/____]
9. Place of birth: [______________________________________________]
10. Sex: [____________]
11. Birth certificate file number: [____________________________]
12. Marital status of mother at conception and birth: [____________________]

III. PATERNITY ALLEGATIONS

13. Respondent [RESPONDENT'S NAME] is the biological father of the minor child based on:
    - [____________________________________________________________]
    - [____________________________________________________________]
14. Respondent's name [does ☐ / does not ☐] appear on the child's birth certificate. If yes, with Respondent's written consent: [yes ☐ / no ☐]. Per O.C.G.A. § 19-7-46.1, appearance with written consent constitutes prima facie evidence of paternity.
15. A Voluntary Paternity Acknowledgment (Vital Records Form 3940) [has ☐ / has not ☐] been executed. If yes, date: [__/__/____].
16. The child [has ☐ / does not have ☐] a presumed/legal father under O.C.G.A. § 19-7-20. If yes, identify: [____________________].

IV. INDIAN CHILD WELFARE ACT INQUIRY

17. The minor child [is ☐ / is not ☐ / may be ☐] an Indian child within 25 U.S.C. § 1903. Tribe(s): [____________________].

V. RELIEF REQUESTED

WHEREFORE, Petitioner prays for an Order:

A. Adjudicating that Respondent is the biological father of [CHILD'S NAME] pursuant to O.C.G.A. § 19-7-43;
B. Ordering DNA / genetic testing of mother, alleged father, and child under O.C.G.A. § 19-7-43(f);
C. Establishing child support pursuant to O.C.G.A. § 19-6-15 (Georgia child-support guidelines) and § 19-11-14;
D. Awarding birthing expenses, costs, and attorney's fees as authorized;
E. Granting such other relief as the Court deems just.

NOTE: This Petition seeks paternity only. To obtain custody, visitation, or full legal-parent status, Respondent must separately file a Petition for Legitimation under O.C.G.A. § 19-7-22.

Respectfully submitted,

[______________________________________]
Petitioner / Counsel for Petitioner
Georgia Bar No.: [____________]
Address: [______________________________]
Phone: [______________________________]
Email: [______________________________]

VERIFICATION

State of Georgia, County of [____________]

Personally appeared before me [______________________________], who, being duly sworn, deposes and says that the facts in the foregoing Petition are true and correct to the best of [his/her] knowledge.

[______________________________________]
Petitioner Signature

Sworn to and subscribed before me this [__] day of [____________], 20[__].

[______________________________________]
Notary Public

PART 2B — PETITION FOR LEGITIMATION (O.C.G.A. § 19-7-22)

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

VERIFIED PETITION FOR LEGITIMATION

COMES NOW Petitioner, [BIOLOGICAL FATHER'S NAME], and pursuant to O.C.G.A. § 19-7-22, files this Verified Petition for Legitimation, showing:

I. PARTIES AND VENUE

1. Petitioner is the biological father of the minor child named below.
2. Petitioner's residence: [______________________________________________]
3. Respondent is the biological mother / legal custodian of the minor child.
4. Respondent's residence: [______________________________________________]
5. Venue is proper in this Court under O.C.G.A. § 19-7-22(b), this being the county of residence of the child's mother / legal custodian / guardian [or, if applicable, the county of Petitioner's or child's residence because: ____________________].

II. THE MINOR CHILD

6. Full legal name: [______________________________________________]
7. Date of birth: [__/__/____]
8. Place of birth: [______________________________________________]
9. Current residence of child: [______________________________________________]
10. The child was born out of wedlock; the mother was not married at the time of conception, the date of birth, or within the usual period of gestation.
11. There is no "legal father" of the child as defined by O.C.G.A. § 19-7-22(a)(2). [If a legal father exists, the petition must address paternity disestablishment under Article 3.]

III. PETITIONER'S RELATIONSHIP TO THE CHILD

12. Petitioner is the biological father of the child, established by [____________________].
13. Petitioner [has / has not] signed a Voluntary Paternity Acknowledgment (Form 3940). If signed, date: [__/__/____].
14. Petitioner [has / has not] signed a Voluntary Acknowledgment of Legitimation under O.C.G.A. § 19-7-21.1.
15. Petitioner has demonstrated his commitment to the child in the following ways: [____________________________________________].
16. Legitimation is in the best interest of the child because: [____________________________________________].

IV. PUTATIVE FATHER REGISTRY

17. Petitioner [has / has not] registered with the Georgia Putative Father Registry maintained by the Office of Vital Records.

V. INDIAN CHILD WELFARE ACT INQUIRY

18. The minor child [is ☐ / is not ☐ / may be ☐] an Indian child within 25 U.S.C. § 1903. Tribe(s): [____________________].

VI. RELIEF REQUESTED

WHEREFORE, Petitioner prays for an Order:

A. Legitimating the minor child [CHILD'S NAME] and declaring Petitioner the legal father pursuant to O.C.G.A. § 19-7-22;
B. Granting Petitioner all the lawful rights of a legal father, including the right to seek custody and visitation;
C. Changing the child's surname to: [____________________];
D. Directing the State Office of Vital Records to amend the child's birth certificate;
E. Awarding [joint / sole] legal and physical custody, or a parenting plan, in the best interest of the child;
F. Setting child support pursuant to O.C.G.A. § 19-6-15;
G. Granting such other relief as the Court deems just.

Respectfully submitted,

[______________________________________]
Petitioner / Counsel for Petitioner
Georgia Bar No.: [____________]
Address: [______________________________]
Phone: [______________________________]
Email: [______________________________]

VERIFICATION

State of Georgia, County of [____________]

Personally appeared before me [______________________________], who, being duly sworn, deposes and says that the facts in the foregoing Petition are true and correct.

[______________________________________]
Petitioner Signature

Sworn to and subscribed before me this [__] day of [____________], 20[__].

[______________________________________]
Notary Public

PART 3 — VOLUNTARY PATERNITY ACKNOWLEDGMENT (VITAL RECORDS FORM 3940) — REFERENCE TEMPLATE

VOLUNTARY PATERNITY ACKNOWLEDGMENT

(O.C.G.A. § 19-7-46.1 — Vital Records Form 3940)

CHILD'S INFORMATION

MOTHER'S INFORMATION

FATHER'S INFORMATION

AFFIRMATIONS

I, the mother, affirm under penalty of perjury that:
☐ I am the biological mother of the child;
☐ The man named above is the biological father;
☐ I was not married at the time of conception or birth, and I have not been married within 300 days of birth (or if so, the presumption is rebutted as stated: [____________________]);
☐ I consent to add the father's name to the child's birth certificate;
☐ I understand the legal consequences of this Acknowledgment as set forth in O.C.G.A. § 19-7-46.1.

I, the father, affirm under penalty of perjury that:
☐ I am the biological father of the child;
☐ I consent to my name being added to the child's birth certificate;
☐ I understand this Acknowledgment establishes my legal liability for child support under O.C.G.A. § 19-11-14;
☐ I understand this Acknowledgment does NOT, by itself, give me custody or visitation rights, and that to obtain those rights I must file a separate Petition for Legitimation under O.C.G.A. § 19-7-22;
☐ I understand this Acknowledgment becomes legally binding 60 days after signing and may thereafter be challenged only on grounds of fraud, duress, or material mistake of fact pursuant to O.C.G.A. § 19-7-46.1(b)(3).

SIGNATURES (notarized)

Mother's signature: [______________________________________________]
Date: [__/__/____]

Father's signature: [______________________________________________]
Date: [__/__/____]

Notary Public: [______________________________________________]
Commission expires: [__/__/____]
Notary seal: [____________________]

FILING: Submit to: Georgia Department of Public Health, State Office of Vital Records, 1680 Phoenix Boulevard, Suite 100, Atlanta, GA 30349.

PART 4 — SUMMONS AND NOTICE OF PROCEEDING

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

Civil Action File No.: [________________]

SUMMONS

TO: [RESPONDENT'S NAME], at [______________________________________________].

You are hereby summoned and required to file with the Clerk of said Court and to serve upon Petitioner's attorney an answer to the [Verified Petition to Establish Paternity / Verified Petition for Legitimation] within 30 days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default may be taken against you for the relief demanded in the Petition.

NOTICE: O.C.G.A. § 19-7-43 / § 19-7-22 governs this proceeding. You have the right to demand DNA / genetic testing under § 19-7-43(f). If a Voluntary Paternity Acknowledgment under § 19-7-46.1 has been signed, your right to challenge it may be limited.

Witness the Honorable Judge of said Court this [__] day of [____________], 20[__].

[______________________________]
Clerk, Superior Court

By: [______________________________]
Deputy Clerk

PART 5 — MOTION FOR DNA / GENETIC TESTING AND PROPOSED ORDER

MOTION FOR DNA / GENETIC TESTING (O.C.G.A. § 19-7-43(f))

COMES NOW [Petitioner / Respondent] and pursuant to O.C.G.A. § 19-7-43(f) moves this Court for an Order requiring the parties and child to submit to DNA genetic testing:

1. Paternity is at issue in this proceeding.
2. O.C.G.A. § 19-7-43(f) authorizes the court, on its own motion or any party's motion, to order DNA testing of mother, alleged father, and child.
3. Movant proposes testing at [____________________], a laboratory accredited by the American Association of Blood Banks (AABB).
4. Costs should be initially borne by [____________________].

WHEREFORE, the moving party requests an Order compelling DNA testing within 30 days, results filed under seal.

[______________________________]
Signature
Date: [__/__/____]

PROPOSED ORDER FOR DNA / GENETIC TESTING

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

Civil Action File No.: [________________]

This matter coming before the Court on Motion for DNA / Genetic Testing, and good cause shown under O.C.G.A. § 19-7-43(f):

IT IS HEREBY ORDERED:

1. [MOTHER'S NAME], [ALLEGED FATHER'S NAME], and the minor child [CHILD'S NAME] shall submit to DNA genetic testing at [____________________] within 30 days.
2. The laboratory shall be AABB-accredited.
3. Results shall be filed with the Court under seal and served on all parties.
4. Initial cost shall be paid by [____________________], subject to reallocation.
5. Pursuant to O.C.G.A. § 19-7-45, results showing a probability of paternity of 97% or higher shall be admitted as prima facie evidence.

ENTERED:

Date: [__/__/____]

[______________________________]
Judge, Superior Court

PART 6 — DEFAULT JUDGMENT OF PATERNITY / LEGITIMATION

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

Civil Action File No.: [________________]

ORDER ESTABLISHING [PATERNITY / LEGITIMATION] BY DEFAULT

This matter coming before the Court on Petitioner's Motion for Default Judgment, Respondent having been duly served on [__/__/____] and having failed to file an Answer within 30 days as required by O.C.G.A. § 9-11-12:

THE COURT FINDS:

1. Service was properly made and the time to answer has expired.
2. Jurisdiction is proper.
3. The allegations of the Petition are taken as admitted under O.C.G.A. § 9-11-55.
4. Respondent is the [biological / legal] father of [CHILD'S NAME].

IT IS THEREFORE ORDERED:

A. Respondent [RESPONDENT'S NAME] is adjudicated [the biological father (paternity) / the legal father (legitimation)] of [CHILD'S NAME];
B. [Birth certificate amended to add Respondent / Child's surname changed to ____________________];
C. Child support [established at $______ per month / reserved];
D. [Custody/visitation reserved / set as follows: ____________________];
E. Costs taxed against Respondent.

ENTERED:

Date: [__/__/____]

[______________________________]
Judge, Superior Court

PART 7 — FINAL ORDER WITH CHILD SUPPORT RESERVATION

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

Civil Action File No.: [________________]

FINAL ORDER ESTABLISHING [PATERNITY / LEGITIMATION]

This matter came on for [hearing / trial / consent entry] on [__/__/____]. The Court, after considering the pleadings, evidence including DNA results showing paternity probability of [____]%, and being fully advised, finds:

1. The Court has jurisdiction and venue is proper.
2. [CHILD'S NAME], born [__/__/____], is the child of [MOTHER'S NAME] and [FATHER'S NAME].
3. Genetic test results show [____]% probability of paternity, exceeding the 97% threshold under O.C.G.A. § 19-7-45.
4. [If legitimation:] Legitimation is in the best interest of the child.
5. ICWA: The child [is / is not] an Indian child as defined by 25 U.S.C. § 1903.

IT IS THEREFORE ORDERED:

A. [FATHER'S NAME] is adjudicated [the biological father / the legal father by legitimation] of [CHILD'S NAME] pursuant to O.C.G.A. § [19-7-43 / 19-7-22];
B. The State Office of Vital Records is directed to amend the child's birth certificate;
C. [Child's surname is changed to: ____________________];
D. Child support is [established at $______ per month payable through Georgia Family Support Registry effective [__/__/____] / reserved for future determination pursuant to O.C.G.A. § 19-6-15];
E. Birthing expenses / past support: [____________________];
F. Health insurance coverage: [____________________];
G. [Legitimation only:] Custody and parenting time set forth in attached Parenting Plan / reserved;
H. The Court retains jurisdiction.

ENTERED:

Date: [__/__/____]

[______________________________]
Judge, Superior Court

PART 8 — NOTICE TO AMEND BIRTH CERTIFICATE

TO: Georgia Department of Public Health
State Office of Vital Records
1680 Phoenix Boulevard, Suite 100
Atlanta, Georgia 30349

RE: Amendment of Birth Certificate pursuant to Court Order

Child's full legal name: [______________________________________________]
Date of birth: [__/__/____]
Place of birth: [______________________________________________]
State file number: [____________________________]

A certified copy of the Final Order Establishing [Paternity / Legitimation], entered [__/__/____] in Civil Action File No. [________________], Superior Court of [____________] County, Georgia, is enclosed. Please:

☐ Add [FATHER'S NAME] as father on the birth certificate
☐ Change child's surname to: [____________________]
☐ Issue an amended birth certificate
☐ Send certified copies to: [______________________________________________]

Submitted by:
[______________________________]
Date: [__/__/____]

PART 9 — PETITION TO RESCIND / CHALLENGE VOLUNTARY PATERNITY ACKNOWLEDGMENT

A. RESCISSION WITHIN 60 DAYS (O.C.G.A. § 19-7-46.1(b)(3))

IN THE SUPERIOR COURT OF [____________] COUNTY, GEORGIA

Civil Action File No.: [________________]

MOTION TO RESCIND VOLUNTARY PATERNITY ACKNOWLEDGMENT

COMES NOW the undersigned and pursuant to O.C.G.A. § 19-7-46.1(b)(3) moves this Court to rescind the Voluntary Paternity Acknowledgment executed [__/__/____] regarding the minor child [CHILD'S NAME], born [__/__/____].

This Motion is filed within 60 days of the date of the Acknowledgment.

The undersigned understands that rescission removes the presumption of paternity and may affect child-support, birth-record, and parental rights.

[______________________________]
Signature
Date: [__/__/____]

B. PETITION TO CHALLENGE ACKNOWLEDGMENT AFTER 60 DAYS

VERIFIED PETITION TO SET ASIDE VOLUNTARY PATERNITY ACKNOWLEDGMENT

COMES NOW Petitioner and pursuant to O.C.G.A. § 19-7-46.1 petitions this Court to set aside the Voluntary Paternity Acknowledgment executed [__/__/____]:

1. Petitioner is [the mother / acknowledged father / child by next friend].
2. The Acknowledgment was filed with the State Office of Vital Records on [__/__/____].

3. The Acknowledgment should be set aside on the following grounds (select all that apply):
   ☐ Fraud — describe: [____________________________________________]
   ☐ Duress — describe: [____________________________________________]
   ☐ Material mistake of fact — describe: [_______________________________]

4. Petitioner requests DNA testing pursuant to O.C.G.A. § 19-7-43(f).

WHEREFORE, Petitioner prays for DNA testing, an Order setting aside the Acknowledgment, and an amended birth certificate.

VERIFICATION

State of Georgia, County of [____________]

Personally appeared the undersigned, who under oath states the foregoing is true and correct.

[______________________________________]
Petitioner Signature

Sworn to before me this [__] day of [____________], 20[__].

[______________________________________]
Notary Public

PART 10 — ICWA INQUIRY AND NOTICE

INDIAN CHILD WELFARE ACT (25 U.S.C. § 1901 et seq.) INQUIRY

☐ The Court inquired whether the minor child is or may be an "Indian child" as defined by 25 U.S.C. § 1903(4).
☐ The mother / participants have stated:
☐ No reason to believe the child is an Indian child.
☐ Reason to believe the child is or may be an Indian child. Tribe(s): [____________________].
☐ If ICWA applies, notice has been / will be sent by registered mail with return receipt requested to:
☐ The child's tribe
☐ The Bureau of Indian Affairs Regional Director
☐ Indian custodian, if any
☐ Petitioner certifies compliance with 25 U.S.C. § 1912 notice requirements.

Date: [__/__/____]

[______________________________]
Signature

SOURCES AND REFERENCES

• O.C.G.A. § 19-7-20 (Presumption of legitimacy) — https://www.legis.ga.gov/laws/code-of-georgia
• O.C.G.A. § 19-7-22 (Legitimation) — https://codes.findlaw.com/ga/title-19-domestic-relations/ga-code-sect-19-7-22/
• O.C.G.A. § 19-7-43 (Paternity action)
• O.C.G.A. § 19-7-46.1 (Voluntary Paternity Acknowledgment)
• Georgia Administrative Office of the Courts Bench Card v2.0 (Paternity and Legitimation under Georgia Law) — https://csc.georgiacourts.gov/wp-content/uploads/2020/07/Paternity-and-Legitimation-of-Child-Bench-Card-V2-0.pdf
• Georgia State Office of Vital Records — https://dph.georgia.gov/vital-records
• Vital Records Form 3940 (Paternity Acknowledgment Form)
• Georgia Putative Father Registry
• Indian Child Welfare Act, 25 U.S.C. § 1901 et seq.

End of Georgia Paternity and Legitimation Petition Packet.