05 SB53/FA/4
Senate
Bill 53
By:
Senators Smith of the 52nd, Harp of the 29th, Hill of the 32nd, Wiles of the
37th and Weber of the 40th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating
to petition for legitimation of a child, notice to mother, court order, effect,
and intervention by father, so as to provide that legitimation of a child may
take place contemporaneously with the establishment of paternity with the
consent of the mother and the father; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 19-7-22, relating to petition for legitimation of a child, notice to
mother, court order, effect, and intervention by father, is amended by striking
subsection (g) and inserting in lieu thereof the following:
"(g)(1)
Consistent
with the purpose of subsection (a) of this Code section, whenever the Department
of Human Resources petitions the superior court or other authorized trier of
fact to establish paternity
In any
petition to establish paternity pursuant to Code Section
19-7-43, the
alleged
father may
include
or intervene to
include in
such petition for the legitimation of the
child born out of wedlock if the mother of the child consents to the filing of
such legitimation petition. Upon the determination of paternity or if a
voluntary acknowledgment of paternity has been made and has not been rescinded
pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of
law and pursuant to the provisions of Code Section 19-7-51 may enter an order or
decree legitimating a child born out of
wedlock,
provided that such is in the best interest of the
child.
(2)
In any voluntary acknowledgment of paternity which has been made and has not
been rescinded pursuant to Code Section 19-7-46.1, when both the mother and
father freely agree and consent, the child may be legitimated by the inclusion
of a statement indicating a voluntary acknowledgment of
legitimation.
Issues
of name change, visitation, and custody shall not be determined by the court
until such time as a separate petition is filed by one of the parents or by the
legal guardian of the child. Custody of the child shall remain with the mother
until a court order is entered addressing the issue of
custody."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.