Establishing Paternity in Georgia: Legal Processes and Implications

Establishing paternity is crucial for securing a child’s rights to support, inheritance, and medical decision‑making. In Georgia, parents can confirm paternity through voluntary acknowledgments, court orders, or administrative processes, as outlined in Georgia Code Section 19-7-22.

Working with experienced Atlanta family law attorneys ensures accuracy and compliance with state requirements. North Georgia Family Lawyers is here to guide you in establishing paternity and protecting your child’s future.

Talk to our family law attorney today.

What Are the Methods for Establishing Paternity in Georgia?

Voluntary Acknowledgment of Paternity

When unmarried parents agree on the child’s father, they may sign a Voluntary Acknowledgment of Paternity form at the hospital or county vital records office. This signed affidavit creates a legal presumption of paternity without court intervention. Both parents must complete and submit the form to the Georgia Department of Public Health to update the birth certificate.

Court Orders

If parents dispute parentage or if the father is unknown, either party can file a petition in the superior court to establish paternity. The court may order genetic testing, typically a DNA test, to confirm biological ties. Under Georgia Code Section 19-7-21, test results with a probability of at least 97% create a rebuttable presumption of paternity. A judge then issues a court order declaring the man the legal father, which provides the foundation for child support and custody rights.

Administrative Process

The Division of Child Support Services offers an administrative process for establishing paternity. When parents seek child support, the Division of Child Support Services can serve notice, facilitate genetic testing, and issue an administrative paternity order. This streamlined approach bypasses the court, though either parent may request a hearing within 15 days to contest the results. An administrative order carries the same weight as a court order once uncontested.

What are the Rights and Responsibilities that Follow After Establishing Paternity?

Once paternity is legally established, the father acquires significant rights and obligations.

He must provide child support, contributing to housing, healthcare, education, and other essential needs under Georgia’s income‑sharing model. Establishing paternity also allows him to petition for child custody and visitation, ensuring meaningful involvement in the child’s life. Legal fatherhood grants authority over health and education decisions, including medical treatments and schooling.

Additionally, the child gains inheritance rights and eligibility for benefits such as Social Security survivor’s benefits. The father’s name is then added to the birth certificate, and vital records are updated accordingly. Without a formal determination of paternity, these rights may be denied, and the father may be unable to seek custody or visitation.

How Can a Family Lawyer Help Your Case?

A skilled family attorney guides parents through each step of the paternity process:

• Form Preparation: They ensure voluntary acknowledgments are correctly completed and timely filed.
• Court Representation: In contested cases, attorneys file petitions, gather evidence, and represent clients at hearings to secure genetic testing orders.
• Administrative Proceedings: They advocate for clients during the Division of Child Support Services processes, protect parental rights, and address challenges within the 15-day contest period.
• Support and Custody: Attorneys assist in enforcing child support obligations and negotiating parenting time agreements or custody arrangements that are in the child’s best interests.

Why Choose North Georgia Family Lawyers?

Establishing paternity in Georgia is vital for securing a child’s support, custody rights, and future benefits. Whether through voluntary acknowledgment, court orders, or administrative processes, legal fatherhood creates enforceable obligations and entitlements under state law. Our experienced Atlanta family lawyers provide clear guidance and reliable representation to affirm your family’s legal rights and ensure your child’s well-being.

By partnering with North Georgia Family Lawyers, you gain access to dedicated Atlanta Family Lawyers who handle all legal details, reduce delays, and safeguard your child’s welfare. Contact us today for personalized assistance.