53-2-4. Inheritance from children born out of wedlock.

(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate. (b) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if: (1) 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) 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: (A) 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 paragraph unless such order also satisfies paragraph (1) of this subsection; (B) A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (C) 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 paragraph unless such order also satisfies paragraph (1) of this subsection; (D) A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (E) A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this paragraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (F) For purposes of this paragraph, 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; (G) For purposes of this paragraph, 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; (H) For purposes of this paragraph, 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 as such judgment would be given in the tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and (I) Nothing in this paragraph 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)(A) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship, including, but not limited to: (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; (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; (iii) An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or (iv) A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135. (B) However, when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection; (4) During the lifetime of the child: (A) The father has signed the birth certificate of the child; (B) 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; or (C) The father has acknowledged paternity and the social security account information of the father has been entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1; (5) During the lifetime of the child, 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; provided, however, that, when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such acknowledgment under oath shall be insufficient for purposes of this subsection; or (6) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact. (c) In determining whether clear and convincing evidence has been presented under paragraph (6) of subsection (b) of this Code section, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that the requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination. (d) Except as provided by division (d)(2)(B)(ii) of Code Section 19-7-22, nothing in subsection (b) of this Code section 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 this chapter; or (2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26. (e) 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 the father of a child born out of wedlock, the other children of the father, and other paternal kin under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of subsection (b) of this Code section.