17.14 Establishing Paternity via Paternity Acknowledgement

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Establishing Paternity via Paternity Acknowledgement

Policy Number:

17.14

Previous Policy Number(s):

3.14

Effective Date:

March 2023

Manual Transmittal:

2023-02

Codes/References

O.C.G.A. § 15-11-2 Definitions
O.C.G.A. § 19-7-27 Hospital Program for Establishment of Paternity
O.C.G.A. § 19-7-46.1 Signed Voluntary Acknowledgment of Paternity; Certified Copy of Voluntary Acknowledgment of Paternity
O.C.G.A. § 19-8-1 Definitions
O.C.G.A. § 19-8-9 Revocation of Surrender of Rights; Time limit; Effect of Voluntary Surrender of Rights by Legal Mother

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Verify whether the mother and alleged biological father of a child have voluntarily established paternity via the completion of a Paternity Acknowledgement (PA) Form.

  2. Determine if the mother and/or biological father rescinded the PA Form prior to the earliest of the following:

    1. The date of a support order;

    2. Any other order adjudicating paternity; or

    3. 60 days from the signing of the agreement.

    After the 60-day rescission period, the signed PA Form may be challenged in court only based on fraud, duress or material mistake of fact, with the burden of proof on the person challenging the PA Form.

Procedures

Social Services Case Manager

  1. Inquire if the father completed a PA Form at the hospital or birthing facility, the vital records office of the county where the child was born or the State Office of Vital Records.

  2. Obtain a copy of the PA Form from the State Office of Vital Records and upload in External Documentation of Georgia SHINES, if the father acknowledges completing a PA Form.

  3. Initiate Deoxyribonucleic acid (DNA) paternity testing if appropriate, if the alleged father has not signed a PA Form, in accordance with policy 19.23 Case Management: Paternity Testing.

  4. Inform the father that he may file a petition of legitimation with the juvenile court when a dependency proceeding is pending, otherwise, the he may file in superior court (see policy 17.15 Legal: Legitimation).

    Do not give legal advice to the father concerning legitimating a child.

Social Services Supervisor

  1. Provide guidance to the SSCM regarding establishment of paternity for a putative father.

  2. Assist the SSCM in obtaining a copy of the PA form, if necessary.

Practice Guidance

Biological Father

Biological father means a male who impregnated the biological mother resulting in the birth of a child.

Hospital Program for Establishment of Paternity

Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father:

  1. Written materials about administratively establishing paternity;

  2. The forms necessary to voluntarily acknowledge paternity;

  3. A written description of the rights and responsibilities of voluntarily acknowledging paternity, the difference between paternity and legitimation and the duty to support a child upon acknowledgement of paternity; and

  4. The opportunity, prior to discharge form the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity and the availability of judicial determinations of paternity.

After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall:

  1. Provide the child’s mother and alleged father if he is present at the hospital the opportunity to execute a PA Form if a notary public is available in the hospital;

  2. File the signed PA Form with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgement is signed at the hospital on or before the mother is discharged; and

  3. Provide to the child’s mother and alleged father copies of the signed PA Form.

Paternity Acknowledgement - State of Georgia

When both the mother and father have signed a voluntary acknowledgement of paternity in the presence of a notary public swearing or affirming the statements contained in the acknowledgement are true and such acknowledgement is filed with the State Office of Vital Records within 30 days of its execution and is recorded in the Putative Father Registry, it shall constitute a legal determination of paternity, but shall not constitute a legal determination of legitimation.

The Paternity Acknowledgement creates certain legal rights and responsibilities for the mother, father and child and should only be completed if the mother was not married at the time of conception, birth or any time in between. If the mother was married, paternity must be established through a court order. The PA is acceptable for establishing paternity unless the juvenile court requires paternity testing. The PA is also a sufficient biological connection when placing children with extended family of a biological father.

Once the PA is completed, it will be forwarded to State Vital Records where it will be entered Per the State Putative Father Registry. If both parents do not sign the PA prior to leaving the hospital or birthing facility, only the mother’s and child’s name will be entered on the birth certificate. A PA may be completed and signed later at the Vital Records registrar’s office in the county where the child was born or the State Office of Vital. If completed at a later date, the birth certificate will be amended to enter the name of the father.

When a mother’s parental rights have been terminated, either voluntarily or otherwise, she no longer has the right or authority to sign an acknowledgement of paternity form for the same child.

Forms and Tools

Division of Child Support Services - Information on paternity establishment and legitimation