53-2-3. Inheritance by children born out of wedlock.

The rights of inheritance of a child born out of wedlock shall be as follows:

A child born out of wedlock may inherit in the same manner as though legitimate from or through the child’s mother, the other children of the mother, and any other maternal kin;#

1. (A)

   A child born out of wedlock may not inherit from or through the child’s father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless:#

   1. (i)

      A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law;#

   2. (ii)

      A court of competent jurisdiction has otherwise entered a court order establishing paternity that has not been set aside as provided in Code Section 19-7-54; provided, however, that:#

      1. (I)

         A temporary order of support entered under subsection (a) of Code Section 19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;#

      2. (II)

         A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;#

      3. (III)

         A temporary order of support entered under subsection (e) of Code Section 19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;#

      4. (IV)

         A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;#

      5. (V)

         A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this division. A temporary child support order entered under paragraph (5) of subsection (b) of Code Section 19-11-140 shall satisfy division (vi) of this subparagraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;#

      6. (VI)

         For purposes of this division, an administrative determination of paternity made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect as a judicial decree;#

      7. (VII)

         For purposes of this division, a court order for child support, as such term is defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity of this state or another state shall have the same force and effect as a judicial decree;#

      8. (VIII)

         For purposes of this division, a judgment determining parentage of a child issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101, shall be given the same force and effect by the court before which proceedings on the estate are pending as such judgment would be given in the tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and#

      9. (IX)

         Nothing in this division shall be applied or construed to make available to the probate courts the information contained in the state case registry pursuant to subsection (e) of Code Section 19-11-39;#

   3. (iii)

      The father has executed a sworn statement signed by him attesting to the parent-child relationship, including, but not limited to:#

      1. (I)

         A voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016;#

      2. (II)

         A voluntary acknowledgment of paternity that satisfies the requirements of subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor successfully challenged as provided by subsection (b) or (c) of Code Section 19-7-46.1;#

      3. (III)

         An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or#

      4. (IV)

         A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135;#

   4. (iv)

      1. (I)

         The father has signed the birth certificate of the child.#

      2. (II)

         The name or social security account number of the father appears on the birth certificate of the child or on a certified copy of such birth certificate with the written consent of the father in the manner provided by subsection (a) of Code Section 19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9.#

      3. (III)

         The father has acknowledged paternity and the social security account information of the father is entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1;#

   5. (v)

      The father has otherwise acknowledged paternity under oath in any manner satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14; or#

   6. (vi)

      There is other clear and convincing evidence that the child is the child of the father.#

2. (B)

   1. (i)

      Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence.#

   2. (ii)

      There shall exist a rebuttable presumption of paternity of a child born out of wedlock if:#

      1. (I)

         The child was born to a mother who was a recipient intended parent as the result of an embryo relinquishment pursuant to Article 2 of Chapter 8 of Title 19, the child’s mother was not married to the presumptive father at the time of the birth of the child, the child’s mother and presumptive father each, as a recipient intended parent, executed a written contract satisfying the requirements of subsection (a) of Code Section 19-8-41, the child is presumed to be the legal child of the presumptive father under subsection (d) of Code Section 19-8-41, and no expedited order of adoption or parentage complying with the requirements of Code Section 19-8-43 has been entered by a court of competent jurisdiction as a final order vesting parental rights and responsibilities in the child’s presumptive father as a recipient intended parent; or#

      2. (II)

         Scientifically credible parentage-determination genetic testing establishes at least a 97 percent probability of paternity. Scientifically credible parentage-determination genetic testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. Parentage-determination genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing; shall be conducted by a laboratory accredited by the AABB, formerly known as the American Association of Blood Banks, or a successor to its functions, or by an accrediting body designated by the secretary of the United States Department of Health and Human Services; and shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court before which proceedings on the estate are pending shall determine the number and qualifications of the experts.#

3. (C)

   If any one of the requirements of divisions (i) through (vi) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph (B) of this paragraph shall have been established and shall not have been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child’s father, the other children of his or her father, and any other paternal kin.#

4. (D)

   In determining whether clear and convincing evidence has been presented under this paragraph, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that:#

   1. (i)

      The requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination; and#

   2. (ii)

      The party bearing the burden of proof that the child is the child of the father by the presentation of clear and convincing evidence under division (vi) of subparagraph (A) of this paragraph shall not be relieved from the onus of proving identity, as provided by subsection (b) of Code Section 24-14-40.#

5. (E)

   Except as provided by division (d)(2)(B)(i) of Code Section 19-7-22, nothing in this paragraph shall be applied or construed to abrogate or limit:#

   1. (i)

      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 this chapter; or#

   2. (ii)

      The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26;#

In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child in the manner provided by Code Section 53-2-1; and#

The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith and credit to be given by the courts of this state to a determination of paternity made by another state shall not affect the rights of inheritance of a child under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of this Code section.#