Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 7. PARENT AND CHILD RELATIONSHIP GENERALLY · Article 3. DETERMINATION OF PATERNITY

19-7-45. Genetic testing.

Active

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

(a)
All orders requiring parties to submit to genetic testing shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-7-54. In all cases genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and shall be conducted by a laboratory accredited by:#
1. (1)
  The AABB, formerly known as the American Association of Blood Banks, or a successor to its functions; or#
2. (2)
  An accrediting body designated by the Secretary of the United States Department of Health and Human Services.#
(b)
When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic testing be conducted as soon as medically feasible after the birth.#
(c)
Genetic testing shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available.#
(d)
An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for genetic testing, the court may dismiss the action upon motion of the respondent.#
(e)
1. (1)
  The Department of Human Services and any court issuing an order with respect to a determination of paternity shall not, insofar as possible, attach the written results from genetic testing to any pleading or court order.#
2. (2)
  The genetic material collected for genetic testing shall be destroyed within a reasonable time, as set forth by rule of the Department of Human Services.#
3. (3)
  The genetic material collected for genetic testing shall not be shared with any other person or entity.#

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

Code 1933, § 74-306, enacted by Ga. L. 1980, p. 1374, § 1; Ga. L. 1982, p. 3, § 19; Ga. L. 1991, p. 950, § 3; Ga. L. 1993, p. 1980, § 1; Ga. L. 1997, p. 1613, § 18; Ga. L. 2015, p. 1433, § 2/HB 568; Ga. L. 2023, p. 365, § 1/SB 135, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, rewrote subsection (a), which read: “All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43, 19-7-46, and 19-7-54. In all cases such tests shall be conducted by a laboratory certified by the American Association of Blood Banks and shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law.”; in subsection (b), substituted “genetic testing be conducted as soon” for “genetic tests be made as soon”; in subsection (c), substituted “Genetic testing” for “Genetic tests” at the beginning; and substituted “genetic testing” for “a genetic test” in subsection (d) and in paragraphs (e)(1), (e)(2), and (e)(3).

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

Text read from t18-t19-(v16)-pdf.pdf, Volume V16, 2022 edition, 2025 supplement, pages 203 to 204; merge action: replaced; file SHA-256 3b0e2669853a.

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