§ 19-7-27.Hospital program for establishment of paternity
Chapter 7. Parent and Child Relationship Generally · Article 2. Legitimacy · Last amended 2016 · Last verified October 9, 2026
Full Text of § 19-7-27
Plain-English Summary
Georgia uses the hospital stay as a chance to establish paternity. When an unmarried woman gives birth in a public or private hospital, the hospital that provides labor and delivery services has duties both before and after the birth.
Before the birth, except in a medical emergency, the hospital must give the mother and alleged father four things: written materials about establishing paternity administratively; the forms to acknowledge paternity voluntarily; a written description of the rights and responsibilities that come with acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child once paternity is acknowledged; and, before discharge, a chance to talk with trained staff, by phone or in person, who can clarify the information and answer questions about the administrative process and about court determinations of paternity. Handing out these materials is not the unlawful practice of law.
After the birth, the hospital must offer the mother and the alleged father, if he is at the hospital, a chance to sign a voluntary acknowledgment of paternity if a notary public is available there. When the acknowledgment is signed at the hospital on or before the mother’s discharge, the hospital must file it with the State Office of Vital Records within 30 days of signing. It must also give both parents copies.
The acknowledgment has real legal force. Under § 19-7-46.1, once properly filed and recorded it becomes a legal determination of paternity, subject to a short window to rescind. It does not legitimate the child; that still takes a petition under § 19-7-22. The section was last amended in 2016.
Frequently Asked Questions
Can we sign an acknowledgment of paternity at the hospital in Georgia?
Yes, if a notary public is available at the hospital. After an unmarried woman gives birth, the hospital that provided labor and delivery must offer her and the alleged father, if he is present, the chance to sign a voluntary acknowledgment of paternity. The hospital then files it and gives both parents copies.
What information must a Georgia hospital give unmarried parents before the birth?
Except in a medical emergency, the hospital must provide written materials on establishing paternity administratively, the acknowledgment forms, and a written description of the rights and responsibilities of acknowledging paternity, the differences between paternity and legitimation, and the support duty that follows acknowledgment. It must also give the parents a chance, before discharge, to speak with trained staff by phone or in person.
Who files the paternity acknowledgment signed at the hospital?
The hospital does. If the acknowledgment is signed at the hospital on or before the mother’s discharge, the hospital must file it with the State Office of Vital Records within 30 days of its execution. It must also give copies to the mother and the alleged father. Under § 19-7-46.1(d), any signer can get a copy on request later.
Does signing an acknowledgment at the hospital legitimate the child?
No. Under § 19-7-46.1(b), a voluntary acknowledgment establishes the biological father but is not a legal determination of legitimation. That is why the hospital must explain the differences between paternity and legitimation in writing. A father who wants custody or visitation rights files a legitimation petition under § 19-7-22.
Is the hospital giving legal advice when it explains paternity?
No. The section says providing the written materials describing rights and responsibilities is not the unlawful practice of law. Hospital staff are trained to clarify the information and answer questions about establishing paternity administratively and the availability of court determinations, but parents with legal questions about their own situation may still want a lawyer.
Amendment History
Laws 1994, p. 1270, § 2; Laws 1999, p. 81, § 19; Laws 2016, Act 404, § 5, eff. July 1, 2016.