08 AM 29
0727
ADOPTED
Senator Unterman of the 45th offered the following amendment:
Senator Unterman of the 45th offered the following amendment:
Amend
the House Committee on Rules substitute to SB 88 by inserting after
"definitions;"
on line 4 of page 1 the following: to
amend Titles 15 and 19 the Official Code of Georgia Annotated, relating to
courts and domestic relations, respectively, so as to clarify methods of
legitimation of a child and to correct
cross-references;
By redesignating Sections 4 and 5 as Sections 11 and 12, respectively, and inserting after line 34 of page 10 the following:
By redesignating Sections 4 and 5 as Sections 11 and 12, respectively, and inserting after line 34 of page 10 the following:
SECTION
4.
Title
19 the Official Code of Georgia Annotated, relating to domestic relations, is
amended by adding a new Code section to read as follows:
"19-7-21.1.
(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been made and have not been rescinded pursuant to Code Section 19-7-46.1.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."
SECTION
5.
Said
title is further amended by revising Code Section 19-7-25, relating to in whom
parental power over child born out of wedlock lies, as follows:
"19-7-25.
Only
the mother of a child born out of wedlock is entitled to
his
custody of the
child, unless the father legitimates
him
the
child as provided in Code Section
19-7-21.1
or 19-7-22 . Otherwise, the mother may
exercise all parental power over the child."
SECTION
6.
Said
title is further amended in Code Section 19-7-46.1, relating to voluntary
acknowledgments of paternity and other evidence of paternity, by revising
subsection (b) as follows:
"(b)
When both the mother and father have signed a voluntary acknowledgment of
paternity and the acknowledgment is recorded in the putative father registry
established by subsection (d) of Code Section 19-11-9, the acknowledgment shall
constitute a legal determination of paternity, subject to the right of any
signatory to rescind the acknowledgment prior to the date of the support order,
any other order adjudicating paternity, or 60 days from the signing of the
agreement, whichever is earlier. Recording such information in the putative
father registry shall constitute a legal determination of paternity for purposes
of establishing a future order for support, visitation privileges, and other
matters under Code Section 19-7-51.
Acknowledgment
of paternity shall not constitute a legal determination of legitimation pursuant
to Code Section 19-7-21.1 or
19-7-22."
SECTION
7.
Said
title is further amended in Code Section 19-8-1, relating to definitions, by
revising in their entirety subparagraphs (D) and (E) of paragraph (6) as
follows:
"(D)
Has legitimated the child by a final order pursuant to Code Section 19-7-22;
or
(E)
Has legitimated the child pursuant to Code Section 19-7-21.1"
SECTION
8.
Said
title is further amended in Code Section 19-8-12, relating to notice of adoption
proceedings to the biological father and procedure related thereto, by revising
paragraphs (1) and (2) of subsection (e) as follows:
"(1)
A petition to legitimate the child pursuant to Code Section 19-7-22
or an
acknowledgment of legitimation pursuant to Code Section
19-7-21.1; and
(2)
Notice of the filing of the petition to legitimate
or
acknowledgment of legitimation with the
court in which the action under this Code section, if any, is pending and to the
person who provided such notice to such biological father."
SECTION
9.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended in
Code Section 15-11-2, relating to definitions, by revising in their entirety
subparagraphs (D) and (E) of paragraph (10.1) as follows:
"(D)
Has legitimated the child by a final order pursuant to Code Section 19-7-22;
or
(E)
Has legitimated the child pursuant to Code Section 19-7-21.1"
SECTION
10.
Said
title is further amended in Code Section 15-11-96, relating to the summons for a
petition to terminate parental rights and the rights of biological fathers, by
revising paragraphs (1) and (2) of subsection (h) as follows:
"(1)
A petition to legitimate the child pursuant to Code Section 19-7-22
or an
acknowledgment of legitimation pursuant to Code Section
19-7-21.1; and
(2)
Notice of the filing of the petition to legitimate
or
acknowledgment of legitimation with the
court in which the action under this Code section is pending."