---
title: O.C.G.A. § 19-7-40. Jurisdiction; administrative determination of paternity.
collection: code
id: 19-7-40
cite_as: O.C.G.A. § 19-7-40 (2025)
canonical_url: https://georgiacommons.org/code/19-7-40
md_url: https://georgiacommons.org/code/19-7-40.md
text_url: https://georgiacommons.org/code/19-7-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t18-t19-(v16)-pdf.pdf?sfvrsn=d30bd29e_0#page=200
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: DOMESTIC RELATIONS / PARENT AND CHILD RELATIONSHIP GENERALLY / DETERMINATION OF PATERNITY
---

# O.C.G.A. § 19-7-40. Jurisdiction; administrative determination of paternity.

(a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury.

(b) Whenever the Department of Human Services seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; provided, however, that if the putative father demands a trial in the superior court, it shall be the duty of the judge to cause an issue to be made and tried at the first session of the next term of court succeeding the putative father’s demand for trial. The administrative determination shall have the same force and effect as a judicial decree.

(c) Nothing in this article shall be applied or construed to abrogate or limit:

(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26.

## History

Code 1933, § 74-301, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1994, p. 1270, § 3; Ga. L. 1997, p. 1613, § 15; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2025, p. 806, § 13/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, added subsection (c).