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Official Code of Georgia Annotated

Title 1. GENERAL PROVISIONS · Chapter 2. PERSONS AND THEIR RIGHTS

1-2-1. Classes of persons generally; ‘‘natural person’’ defined; corporations deemed artificial persons; nature of corporations generally.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective January 1, 2020In force today: Effective January 1, 2020
  1. (a)

    There are two classes of persons: natural and artificial.#

  2. (b)

    ‘‘Natural person’’ means any human being including an unborn child.#

  3. (c)

    Corporations are artificial persons. They are creatures of the law and, except insofar as the law forbids it, they are subject to be changed, modified, or destroyed at the will of their creator.#

  4. (d)

    Unless otherwise provided by law, any natural person, including an unborn child with a detectable human heartbeat, shall be included in population based determinations.#

  5. (e)

    As used in this Code section, the term:#

    1. (1)

      ‘‘Detectable human heartbeat’’ means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the heart within the gestational sac.#

    2. (2)

      ‘‘Unborn child’’ means a member of the species Homo sapiens at any stage of development who is carried in the womb.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 1582; Code 1868, § 1645; Code 1873, § 1651; Code 1882, § 1651; Civil Code 1895, § 1802; Civil Code 1910, § 2159; Code 1933, § 79-101; Ga. L. 2019, p. 711, § 3/HB 481.

Delayed effective date

This Code section, as set out above, becomes effective January 1, 2020. For version of this Code section in effect until January 1, 2020, see the 2019 amendment note. The 2019 amendment, effective January 1, 2020, added subsection (b); redesignated former subsection (b) as present subsection (c); and added subsections (d) and (e).

Editor's notes

Ga. L. 2019, p. 711, § 1/HB 481, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Living Infants Fairness and Equality (LIFE) Act.’’’ Ga. L. 2019, p. 711, § 2/HB 481, not codified by the General Assembly, provides: ‘‘(1) In the founding of the United States of America, the State of Georgia and the several states affirmed that: ‘We hold these Truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happi-ness — that to secure these Rights, Governments are instituted among men;’ ‘‘(2) To protect the fundamental rights of all persons, and specifically to protect the fundamental rights of particular classes of persons who had not previously been recognized under law, the 14th Amendment to the United States Constitution was ratified, providing that, ‘nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws’; ‘‘(3) Modern medical science, not available decades ago, demonstrates that unborn children are a class of living, distinct persons and more expansive state recognition of unborn children as persons did not exist when Planned Parenthood v. Casey (1992) and Roe v. Wade (1973) established abortion related precedents; ‘‘(4) The State of Georgia, applying reasoned judgment to the full body of modern medical science, recognizes the benefits of providing full legal recognition to an unborn child above the minimum requirements of federal law; ‘‘(5) Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia affirm that ‘[n]o person shall be deprived of life, liberty, or property except by due process of law’; and that ‘[p]rotection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws’; and ‘‘(6) It shall be the policy of the State of Georgia to recognize unborn children as natural persons.’’ Ga. L. 2019, p. 711, § 13/HB 481, not codified by the General Assembly, provides: ‘‘Any citizen of this state shall have standing and the right to intervene and defend in any action challenging the constitutionality of any portion of this Act.’’ Ga. L. 2019, p. 711, § 14/HB 481, not codified by the General Assembly, provides: ‘‘All provisions of this Act shall be severable in accordance with Code Section 1-1-3.’’

Cross references

Definition of ‘‘person’’ generally, § 1-3-3.

Law reviews

For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For article, ‘‘Rights: Afterthoughts,’’ see 27 Ga. L. Rev. 473 (1993). For survey article discussing developments in law of business associations for the period from June 1, 1999 through May 31, 2000, see 52 Mercer L. Rev. 95 (2000).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t1-t2-t3-(v3)-2019-pdf.pdf, Volume V3, 2019 edition, pages 19 to 21; merge action: annotated; file SHA-256 206dab95f27a.