HB1343: HB1343 Georgia's Responsible Fathers Act; enact

26 LC 48 1754 House Bill 1343 By: Representatives Barrett of the 24th, Reese of the 140th, Burns of the 159th, Hugley of the 141st, Gunter of the 8th, and others A BILL TO BE ENTITLED AN ACT To amend Titles 15 and 19 of the Official Code of Georgia Annotated, relating to the courts1 and domestic relations, respectively, so as to revise the definition of legal father; to provide2 for legitimation through petitioning the Department of Human Se rvices provided genetic 3 testing establishes paternity; to provide for exceptions; to pr ovide for recording of such4 legitimations with the clerk of superior court; to provide for rules, regulations, procedures,5 and all applicable forms as may be necessary by the Department of Human Services; to6 amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require7 that licensed general hospitals and birthing centers make available a petition for legitimation8 education video to parents or guardians of newborn infants; to provide that a putative father9 may indicate on a certificate of birth that he has submitted to genetic testing to establish10 paternity of a child born out of wedlock; to amend Title 53 of the Official Code of Georgia11 Annotated, relating to wills, trusts, and administration of est ates, so as to provide for12 inheritance by legitimation in certain circumstances; to provide a short title; to provide for13 related matters; to repeal conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 1343 - 1 - 26 LC 48 1754 SECTION 1.16 This Act shall be known and may be cited as the "Georgia's Responsible Fathers Act."17 SECTION 2.18 Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by19 revising paragraph (43) of Code Section 15-11-2, relating to definitions, as follows:20 "(43) 'Legal father' means a male who has not surrendered or had terminated his rights21 to a child and who:22 (A) Has legally adopted such child;23 (B) Was married to the biological mother of such child at the time such child was born24 or within the usual period of gestation, unless paternity was disproved by a final order25 pursuant to Article 3 of Chapter 7 of Title 19;26 (C) Married the legal mother of such child after such child was born and recognized27 such child as his own, unless paternity was disproved by a fina l order pursuant to28 Article 3 of Chapter 7 of Title 19; or29 (D) Has legitimated such child by a final order pursuant to Co de Section 19-7-22 or30 19-7-22.1; or31 (E) Has been determined to be the father of such child by a fi nal paternity order32 pursuant to Article 3 of Chapter 7 of Title 19."33 SECTION 3.34 Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is35 amended by revising paragraph (2) of subsection (a) of Code Sec tion 19-7-22, relating to36 petition for legitimation of child, requirement that mother be named as a party, court order,37 effect, claims for custody or visitation, and third-party action for legitimation in response to38 petition to establish paternity, as follows:39 H. B. 1343 - 2 - 26 LC 48 1754 "(2) 'Legal father' means a male who has not surrendered or had terminated his rights to40 a child and who:41 (A) Has legally adopted such child;42 (B) Was married to the biological mother of such child at the time such child was born43 or within the usual period of gestation, unless paternity was disproved by a final order44 pursuant to Article 3 of this chapter;45 (C) Married the legal mother of such child after such child was born and recognized46 such child as his own, unless paternity was disproved by a fina l order pursuant to47 Article 3 of this chapter; or48 (D) Has legitimated such child pursuant to this Code section o r Code49 Section 19-7-22.1."50 SECTION 4.51 Said title is further amended by adding a new Code section to read as follows:52 "19-7-22.1.53 (a) As used in this Code section, the term:54 (1) 'Biological father' means the male who impregnated the biological mother resulting55 in the birth of a child.56 (2) 'Legal father' means a male who has not surrendered or had terminated his rights to57 a child and who:58 (A) Has legally adopted such child;59 (B) Was married to the biological mother of such child at the time such child was born60 or within the usual period of gestation, unless paternity was disproved by a final order61 pursuant to Article 3 of this chapter;62 (C) Married the legal mother of such child after such child was born and recognized63 such child as his own, unless paternity was disproved by a fina l order pursuant to64 Article 3 of this chapter; or65 H. B. 1343 - 3 - 26 LC 48 1754 (D) Has legitimated such child pursuant to this Code section or Code Section 19-7-22.66 (b)(1) Within six months of a child's birth, the biological fa ther of a child born out of67 wedlock may:68 (A) Submit to genetic testing as provided for in Code Section 19-7-45 to establish69 paternity;70 (B) Indicate on the certificate of birth of such child that ge netic testing has been71 initiated; and72 (C) Petition the Department of Human Services for an order or decree legitimating73 such child upon a determination of paternity that shall be issued by the Department of74 Human Services within two months.75 ( 2 ) T h e D e p a r t m e n t o f H u m a n S e r v i c e s m a y u s e t h e a p p l i c a t i o n for child support76 services for purposes of evaluating the petition under this Code section.77 (3) The petition shall be made on forms provided by the Department of Human Services.78 (c) Upon the presentation and filing of a legitimation petitio n as provided for in79 subsection (b) of this Code section, the legitimation petition shall be granted, if, at the time80 of the petition, the Department of Human Services determines by clear and convincing81 evidence that:82 (1) The petitioner has no prior criminal convictions for famil y violence or offenses83 provided for in Chapter 13 of this title or Chapter 6 of Title 16; and84 (2) The petitioner is not subject to a protective order for fam ily violence or offenses85 provided for in Chapter 13 of this title or Chapter 6 of Title 16.86 (d) The legitimation petition provided for in subsection (b) of this Code section shall not87 be granted if the Department of Human Services determines by cl ear and convincing88 evidence that:89 (1) The biological father caused his child to be conceived as a result of having90 nonconsensual sexual intercourse with the mother of his child or when the mother is less91 H. B. 1343 - 4 - 26 LC 48 1754 than 14 years of age, or an offense which consists of the same or similar elements under92 federal law or the laws of another state or territory of the United States; or93 (2) There is a legal father who is not the biological father.94 (e) Upon the granting of the legitimation petition provided fo r in subsection (b) of this95 Code section, the Department of Human Services shall memorialize its determination in96 a written order and file a verified copy of the order and granted legitimation petition with97 the clerk of superior court of the county of the residence of the child's mother or other party98 having legal custody or guardianship of such child, and the cle rk shall record the99 legitimation petition in a book maintained for such purposes.100 (f) If a legitimation petition is granted under this Code section, the biological father and101 child shall be capable of inheriting from each other in the sam e manner as if such child102 were born in lawful wedlock. The biological father may seek judicial determinations for103 matters involving the name of the child or claims for visitation, parenting time, or custody104 involving the child; provided, however, that nothing in this Code section shall be construed105 to affect, or be a contingency for, determinations on the visitation between a child and his106 or her biological father.107 (g) The Department of Human Services shall establish rules, regulations, procedures, and108 all applicable forms as may be necessary for the execution of its functions under this Code109 section."110 SECTION 5.111 Said title is further amended by revising Code Section 19-7-25, relating to in whom parental112 power over child born out of wedlock lies, as follows:113 "19-7-25.114 Only the mother of a child born out of wedlock is entitled to custody of the child, unless115 the father legitimates the child as provided in Code Section 19 -7-22 or 19-7-22.1 . 116 Otherwise, the mother may exercise all parental power over the child."117 H. B. 1343 - 5 - 26 LC 48 1754 SECTION 6.118 Said title is further amended by revising paragraph (11) of Code Section 19-8-1, relating to119 definitions, as follows:120 "(11) 'Legal father' means a male who has not surrendered or had terminated his rights121 to a child and who:122 (A) Has legally adopted such child;123 (B) Was married to the biological mother of such child at the time such child was born124 or within the usual period of gestation, unless paternity was disproved by a final order125 of a court of competent jurisdiction;126 (C) Married a the legal mother of such child after such child was born and recognized127 such child as his own, unless paternity was disproved by a fina l order of a court of128 competent jurisdiction; or129 (D) Has legitimated such child by a final order pursuant to Co de Section 19-7-22 or130 19-7-22.1."131 SECTION 7.132 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding133 a new Code section to read as follows:134 "31-7-23.2.135 (a) As used in this Code section, the term 'petition for legit imation education' means136 education intended to assist paternal involvement in the legitimation process to establish137 visitation and custody pursuant to Code Section 19-7-22.138 (b)(1) Prior to discharge, a licensed general hospital or birt hing center shall make139 available to each newborn infant's parent or guardian a video presentation on petition for140 legitimation education to be viewed onsite.141 H. B. 1343 - 6 - 26 LC 48 1754 (2) Such hospital or birthing center shall provide such parent or guardian with a petition142 for legitimation education pamphlet to be developed by the Depa rtment of Human143 Services.144 (c) The department shall promulgate rules and regulations nece ssary to implement the145 provisions of this Code section."146 SECTION 8.147 Said title is further amended by revising paragraph (2) of subs ection (e) of Code Section148 31-10-9, relating to registration of births, as follows:149 "(2) If the mother is not married at either the time of conception or at the time of birth,150 the name of the putative father shall not be entered on the bir th certificate without the151 written consent of the mother and the person to be named as father; provided, however,152 that the putative father may indicate on the birth certificate that he has submitted to153 genetic testing to establish paternity;"154 SECTION 9.155 Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and156 administration of estates, is amended revising division (2)(A)( i) of Code Section 53-2-3,157 relating to inheritance by children born out of wedlock, as follows:158 "(i) A court of competent jurisdiction has entered an order declaring the child to be159 legitimate, under the authority of Code Section 19-7-22, 19-7-2 2.1, or such other160 authority as may be provided by law;"161 SECTION 10.162 All laws and parts of laws in conflict with this Act are repealed.163 H. 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