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If a spouse is pregnant during the divorce process the court may make orders for how health care costs will be paid and health insurance provided for the mother and child. In most states a child born during marriage or for some prescribed period following termination of the marriage or cohabitation (living together)—300 days, for example—is presumed to be the child of the spouses or cohabiting persons. This is known as the marital paternity presumption and is usually located in a state’s statutes (family code or domestic relations code) or in its court opinions (common law).

In Georgia, if a spouse is pregnant during the divorce process, the court has the authority to issue orders regarding the payment of healthcare costs and the provision of health insurance for both the mother and the unborn child. This is in line with the state's interest in ensuring the welfare of the child. Additionally, Georgia adheres to the marital paternity presumption, which means that a child conceived or born during a marriage is presumed to be the child of the husband. This presumption also extends to a child born within a certain time frame after the marriage ends, typically 300 days, as per the state's statutes. This presumption can be rebutted by appropriate legal action if there is evidence to the contrary. The specifics of these regulations are typically found in Georgia's family code or domestic relations code, and they are also shaped by relevant court decisions.

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Divorce

pregnancy

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Georgia State Code

Georgia State Code

Divorce

pregnancy

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