Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Georgia, paternity is the legal recognition of a man as the father of a child. Under Georgia law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the use of genetic testing, which can be ordered by the court. If a child is born out of wedlock, paternity can be established voluntarily by the father signing a Voluntary Paternity Acknowledgment Form, or involuntarily by petitioning the court to establish paternity. Establishing paternity is crucial for determining child support obligations, inheritance rights, and the child's eligibility for certain benefits. The relevant statutes are found in the Official Code of Georgia Annotated (O.C.G.A.), particularly in Title 19, which pertains to domestic relations.