JLA Law Group

Paternity in Georgia: Establish Your Rights as a Father

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Establishing paternity in Georgia is the legal process by which the legal father of a child born outside of marriage is determined. Without established paternity, the father has no legal rights over the child, including custody and visitation, and the child has no legal right to receive child support, inherit, or access benefits. Paternity can be established voluntarily by signing a Voluntary Paternity Acknowledgment (VPA) or judicially through a court order under O.C.G.A. §§ 19-7-40 through 19-7-52.

The VPA is a form that both parents can sign at the hospital at birth. It has the same legal effect as a court order under O.C.G.A. § 19-7-46.1 and may be rescinded within 60 days, or later if fraud, mistake, or duress is demonstrated. If there is a dispute, a judicial proceeding must be initiated and the court may order DNA testing.

Under O.C.G.A. § 19-7-45, if a DNA test shows a 97% or greater probability of paternity, a legal presumption is created. Once paternity is established, the court may determine custody, visitation, and child support in the same proceeding.

Steps You Should Take

1

Call to Learn Your Options

Call (770) 609-9396 to speak with a bilingual attorney about establishing paternity. We explain whether the VPA or judicial process is more appropriate for your situation.

2

VPA Signing or Petition Filing

If both parents agree, we help you complete the VPA. If there is a dispute, we file the paternity petition and request DNA testing.

3

DNA Testing and Court Hearing

We guide you through the DNA testing process. At the hearing, we present all necessary elements for the judge to issue the paternity order.

4

Petition for Custody, Visitation, and Support

Once paternity is established, we immediately petition for custody, visitation, and support orders so you can exercise your rights as a father.

Frequently Asked Questions

What is the Voluntary Paternity Acknowledgment?
The VPA is an official Georgia form that establishes legal paternity without going to court. It can be signed at the hospital at birth or later before a notary under O.C.G.A. § 19-7-46.1. It is the fastest and most affordable way to establish paternity when both parents agree.
Can the court compel me to take a DNA test?
Yes. Under O.C.G.A. § 19-7-45, either party may request a court-ordered DNA test. If the alleged father refuses without justifiable cause, the court may treat the refusal as adverse evidence. Results showing 97% or greater probability create a legal presumption of paternity.
If I establish paternity, do I automatically have visitation rights?
Not automatically. Establishing paternity creates the legal basis to petition for custody and visitation, but a separate court order is needed. Without a court order, the mother can legally deny access to the child.
What if I signed the VPA but later discover I am not the biological father?
It may be rescinded within 60 days under O.C.G.A. § 19-7-46.1. After that, it can only be challenged by demonstrating fraud, mistake, or duress. Consult an attorney immediately if you are in this situation.
Can the mother refuse a paternity test?
She cannot refuse a court order. Under O.C.G.A. § 19-7-45, all parties must comply with court-ordered DNA testing. Refusal can result in contempt of court sanctions.

Applicable Laws

O.C.G.A. §§ 19-7-40 through 19-7-52Georgia Paternity Law: judicial process, rights, and obligations.
O.C.G.A. § 19-7-46.1Voluntary Paternity Acknowledgment: legal effect, rescission period, and registration.
O.C.G.A. § 19-7-45DNA testing in paternity cases: court order, 97% presumption, consequences of refusal.
O.C.G.A. § 19-7-46Support obligation of the biological father once paternity is established.

Related Services

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Other Family Law Services

D
Divorce
C
Child Custody
C
Child Support
A
Adoption
P
Protective Orders
N
Name Changes

Case Evaluation

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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