§ 19-7-26.Mother of child born out of wedlock not to be discriminated against in action to recover for injury or death of the child
Chapter 7. Parent and Child Relationship Generally · Article 2. Legitimacy · Last amended 1988 · Last verified October 9, 2026
Full Text of § 19-7-26
Plain-English Summary
This section protects an unmarried mother who goes to court after her child is hurt or killed. In a damages action for the child’s injury or death, she “shall not be discriminated against” because the child was born out of wedlock. The rule is mandatory, and it covers suits she brings in any of four capacities: in her own right, or as the child’s guardian, executor or administrator.
The section doesn’t create a new claim or set damages. It works alongside the laws that do. For a child’s death, § 19-7-1(c) decides which parent or parents hold the right to recover the full value of the child’s life, and it adds that birth outside marriage is no bar to recovery. For injury claims, the usual rules on damages apply. What this section adds is a guarantee that the mother’s status as an unmarried parent can’t be used against her in either kind of case.
The rule dates to 1943 and was last amended in 1988. The term “born out of wedlock” has the meaning § 19-7-23 gives it.
Frequently Asked Questions
Can an unmarried mother sue for her child’s wrongful death in Georgia?
Yes. This section says that in an action for damages for a child’s death, the mother of a child born out of wedlock shall not be discriminated against because of the child’s birth status. Who holds the right to recover for a child’s death is set out in § 19-7-1(c), which also says that birth out of wedlock is no bar to recovery.
Does this protection apply to injury cases, not just death cases?
Yes. The section covers actions for damages for the child’s injury or death. Whether the child survived an injury or died, the mother can’t be treated worse in the lawsuit because the child was born out of wedlock. The amount she may recover still depends on the law that governs the underlying claim.
Can the mother sue as administrator of her child’s estate?
Yes. The protection applies whether she sues in her own right or in her capacity as the child’s guardian, executor or administrator. In each role, the child’s birth outside marriage can’t be held against her. Becoming a guardian, executor or administrator depends on other laws, such as the probate rules for estates.
Does this section say how much a mother can recover?
No. It only forbids discrimination based on the child’s birth status. Damages come from the law governing the claim. For a child’s death, § 19-7-1(c) speaks of recovering the full value of the child’s life and points to Chapter 4 of Title 51 for the meaning of that term.
Does this section protect the father of a child born out of wedlock?
Its words speak only of the mother. A father’s right to recover for a child’s death is addressed in § 19-7-1(c), which divides the right among the parents depending on their circumstances and says that birth out of wedlock is no bar to recovery. That subsection, not this one, controls a father’s claim.
Amendment History
Laws 1943, p. 538, § 2; Laws 1988, p. 1720, § 9.