Laws Lawyers Find Laws Legal Forms State Laws Bills

GEORGIA STATUTES AND CODES

§ 19-7-21.1 - "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgme

Listen
O.C.G.A.19-7-21.1 (2010)19-7-21.1."Acknowledgment of legitimation" and "legal father"defined; signing acknowledgment of legitimation; when acknowledgment notrecognized; making false statement; rescinding acknowledgment (a)As used in this Code section, the term:(1)"Acknowledgmentof legitimation" means a written statement contained in a voluntaryacknowledgment of paternity form indicating that a mother and father of achild born out of wedlock have freely agreed and consented that thechild may be legitimated.(2)"Legal father" means a male who:(A)Has legally adopted a child;(B)Wasmarried to the biological mother of that child at the time the childwas conceived or was born, unless such paternity was disproved by afinal order pursuant to Article 3 of this chapter;(C)Marriedthe legal mother of the child after the child was born and recognizedthe child as his own, unless such paternity was disproved by a finalorder pursuant to Article 3 of this chapter;(D)Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;(E)Has legitimated the child by a final order pursuant to Code Section 19-7-22; or(F)Has legitimated a child pursuant to this Code sectionand who has not surrendered or had terminated his rights to the child.(b)Priorto the child's first birthday, a father of a child born out of wedlockmay render his relationship with the child legitimate when both themother and father have freely agreed, consented, and signed a voluntaryacknowledgment of paternity and an acknowledgment of legitimation whichhave been made and have not been rescinded pursuant to Code Section19-7-46.1. The State Office of Vital Records shall provide notice, inwriting, of the alternatives to, legal consequences of, and the rightsand responsibilities of signing a voluntary acknowledgment oflegitimation.(c)Voluntary acknowledgment of legitimation shall not be recognized if:(1)The mother was married to another man when the child was born;(2)The mother was married to another man at any time within the usual period of gestation;(3)There is another legal father;(4)Themother has voluntarily and in writing surrendered all of her parentalrights pursuant to the provisions of subsection (a) of any of CodeSection 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn hersurrender as permitted by the provisions of subsection (b) of CodeSection 19-8-9 or the mother's parental rights have been judiciallyterminated by a court of competent jurisdiction or an action toterminate such rights has been initiated and is pending;(5)The mother has signed a voluntary acknowledgment of legitimation with another man; or(6)The child is one year of age or older.(d)Ifany of the circumstances described in subsection (c) of this Codesection exists, the provisions of Code Section 19-7-22 shall be the onlymethod of legitimation.(e)Voluntaryacknowledgment of legitimation shall not authorize the father to receivecustody or visitation until there is a judicial determination ofcustody or visitation.(f)It shall beunlawful to make a false statement on a voluntary acknowledgment oflegitimation, and the making of a false statement shall be punishable asan act of false statements and writings under Code Section 16-10-20.(g)Wherea voluntary acknowledgment of paternity is timely rescinded andincludes a voluntary acknowledgment of legitimation, the legitimationshall also be deemed rescinded.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • O.C.G.A. 19-7-21.1 (2010)
    19-7-21.1. "Acknowledgment of legitimation" and "legal father" defined; signing acknowledgment of legitimation; when acknowledgment not recognized; making false statement; rescinding acknowledgment


    (a) As used in this Code section, the term:

    (1) "Acknowledgment of legitimation" means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.

    (2) "Legal father" means a male who:

    (A) Has legally adopted a child;

    (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;

    (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;

    (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;

    (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or

    (F) Has legitimated a child pursuant to this Code section

    and who has not surrendered or had terminated his rights to the child.

    (b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation.

    (c) Voluntary acknowledgment of legitimation shall not be recognized if:

    (1) The mother was married to another man when the child was born;

    (2) The mother was married to another man at any time within the usual period of gestation;

    (3) There is another legal father;

    (4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother's parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending;

    (5) The mother has signed a voluntary acknowledgment of legitimation with another man; or

    (6) The child is one year of age or older.

    (d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation.

    (e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation.

    (f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20.

    (g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded.

    Georgia Forms by Issue

    Georgia Abortion Forms
    Georgia Children/Juvenile Forms
    Georgia Court Forms
    > Magistrate
    Georgia Family Forms
    Georgia Name Change Forms
    Georgia Tax Forms

    Georgia Law

    Georgia State Laws
        > Georgia Child Support
        > Georgia Gun Laws
        > Georgia Statutes
    Georgia Court
        > Furman v. Georgia
        > Gregg v. Georgia
        > Worcester v. Georgia
    Georgia State
        > Georgia Counties
    Georgia Tax
        > Georgia State Tax
    Georgia Labor Laws
        > Georgia Unemployment
    Georgia Agencies
        > Better Business Bureau Georgia
        > Georgia Department of Corrections
        > Georgia Department of Education
        > Georgia Department of Labor
        > Georgia Department of Revenue
        > Georgia DMV
        > Georgia Real Estate Commission
        > Georgia Secretary of State
        > Georgia Secretary of State Corporation

    Georgia Court Map

    Tips