§ 19-11-13.Determination of paternity; acknowledgment under oath; legal proceedings
Chapter 11. Enforcement of Duty of Support · Article 1. Child Support Recovery Act · Last amended 1976 · Last verified October 9, 2026
Full Text of § 19-11-13
Plain-English Summary
This section covers how the Department of Human Services establishes paternity in a support case. It applies when the department receives an application for services under the Child Support Recovery Act on behalf of a child born out of wedlock and the child’s mother identifies the putative father in writing.
The department then has two tools, both discretionary. It may investigate the surrounding circumstances, and it may ask the putative father to acknowledge paternity under oath. An acknowledgment under oath matters: under § 19-11-3 and § 19-11-14, a father who acknowledges paternity under oath — in court, in an administrative hearing or by verified writing — is a parent with the same duty to support as a father of a child born in wedlock.
If the department can’t get an acknowledgment, it may start legal proceedings to establish paternity. There’s one stated exception. The department won’t go forward if it determines, under standards prescribed under the federal Social Security Act, that pursuing paternity is against the child’s best interests. The section doesn’t list those standards; they come from the federal program rules. Once paternity is established, the department can move on to setting support under § 19-11-15. The section dates to 1976 and has not been amended.
Frequently Asked Questions
How does Georgia child support services establish paternity?
When the department receives an application for services for a child born out of wedlock and the mother identifies the putative father in writing, the department may investigate and may ask him to acknowledge paternity under oath. If he won’t, the department may start legal proceedings to establish paternity, unless it determines under federal standards that doing so is against the child’s best interests.
Does the mother have to name the father to get child support help in Georgia?
This section is triggered when the mother identifies the putative father in writing. That written identification is what allows the department to investigate and seek an acknowledgment of paternity under this section. The section doesn’t itself spell out what happens if she doesn’t name him.
What happens if the alleged father won’t admit paternity in Georgia?
The department may file a case. If it can’t secure an acknowledgment of paternity under oath, the department may initiate legal proceedings to establish the paternity of the child. That is discretionary — “may” — and the department won’t proceed if it finds, under federal standards, that it would be against the child’s best interests.
Can DHS decide not to pursue paternity in Georgia?
Yes. The department doesn’t have to start a paternity case if it determines, in accordance with standards prescribed under the federal Social Security Act, that doing so is against the best interests of the child. Both the investigation and the request for an acknowledgment are also discretionary under this section.
What does acknowledging paternity under oath mean for support?
It creates a support duty. Under § 19-11-14, a man who acknowledges paternity under oath in an administrative hearing, in court or by verified writing is legally liable to support the child in the same manner as if the child were born in wedlock. This section lets the department ask the putative father for that acknowledgment.
Amendment History
Laws 1976, p. 1537, § 3.