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  1. #1
    Join Date
    Jan 2007
    Posts
    5

    Default Paternity determination and name change

    In the process of having a paternity test done on a 3 year old, birth certificate was signed by the alleged father. Once the DNA results come back proving that he is not the father, what is the process to remove alleged father's last name from birth certificate and is this necessary to prevent child from receiving any type of social security benefits, etc in the future?

    State of GA

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Paternity determination and name change

    If there is a support order in effect, it looks like you would have to bring a motion in court:
    Quote Quoting Georgia Code 19-7-54 - Motion to set aside determination of paternity
    (a) In any action in which a male is required to pay child support as the father of a child, a motion to set aside a determination of paternity may be made at any time upon the grounds set forth in this Code section. Any such motion shall be filed in the superior court and shall include:
    (1) An affidavit executed by the movant that the newly discovered evidence has come to movant's knowledge since the entry of judgment; and

    (2) The results from scientifically credible parentage-determination genetic testing, as authorized under Code Section 19-7-46 and administered within 90 days prior to the filing of such motion, that finds that there is a 0 percent probability that the male ordered to pay such child support is the father of the child for whom support is required.
    (b) The court shall grant relief on a motion filed in accordance with subsection (a) of this Code section upon a finding by the court of all of the following:
    (1) The genetic test required in paragraph (2) of subsection (a) of this Code section was properly conducted;

    (2) The male ordered to pay child support has not adopted the child;

    (3) The child was not conceived by artificial insemination while the male ordered to pay child support and the child's mother were in wedlock;

    (4) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child; and

    (5) The male ordered to pay child support with knowledge that he is not the biological father of the child has not:
    (A) Married the mother of the child and voluntarily assumed the parental obligation and duty to pay child support;

    (B) Acknowledged his paternity of the child in a sworn statement;

    (C) Been named as the child's biological father on the child's birth certificate with his consent;

    (D) Been required to support the child because of a written voluntary promise;

    (E) Received written notice from the Department of Human Resources, any other state agency, or any court directing him to submit to genetic testing which he disregarded;

    (F) Signed a voluntary acknowledgment of paternity as provided in Code Section 19-7-46.1; or

    (G) Proclaimed himself to be the child's biological father.
    (c) In the event movant fails to make the requisite showing provided in subsection (b) of this Code section, the court may grant the motion or enter an order as to paternity, duty to support, custody, and visitation privileges as otherwise provided by law.

    (d) In the event relief is granted pursuant to subsection (b) of this Code section, relief shall be limited to the issues of prospective child support payments, past due child support payments, termination of parental rights, custody, and visitation rights.

    (e) The duty to pay child support and other legal obligations for the child shall not be suspended while the motion is pending except for good cause shown; however, the court may order the child support be held in the registry of the court until final determination of paternity has been made.

    (f)
    (1) In any action brought pursuant to this Code section, if the genetic test results submitted in accordance with paragraph (2) of subsection (a) of this Code section are provided solely by the male ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the child's mother, the child, and the male ordered to pay child support to submit to genetic tests. The court shall provide that such genetic testing be done no more than 30 days after the court issues its order.

    (2) If the mother of the child or the male ordered to pay child support willfully fails to submit to genetic testing, or if either such party is the custodian of the child and willfully fails to submit the child for testing, the court shall issue an order determining the relief on the motion against the party so failing to submit to genetic testing. If a party shows good cause for failing to submit to genetic testing, such failure shall not be considered willful.

    (3) The party requesting genetic testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, such agency shall pay the cost of genetic testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action.
    (g) If relief on a motion filed in accordance with this Code section is not granted, the court shall assess the costs of the action and attorney's fees against the movant.
    Otherwise:
    Quote Quoting Georgia Code 19-7-46.1 - Name or social security number on birth certificate or other record as evidence of paternity; signed voluntary acknowledgment of paternity
    (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity.

    (b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51.

    (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.

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