§ 19-7-40.Jurisdiction; administrative determination of paternity
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 2025 · Last verified October 9, 2026
Full Text of § 19-7-40
Plain-English Summary
This section opens Article 3, Georgia’s paternity statute, by saying who decides paternity. The superior courts and the state courts of each county have concurrent jurisdiction over every proceeding to determine the paternity of a child who is a Georgia resident. State courts have that power even if a local law says otherwise. Parties to a paternity action are not entitled to a jury trial.
When the Department of Human Services seeks to establish paternity, usually as part of a child support case, a second forum opens. The Office of State Administrative Hearings may decide paternity under the Georgia Administrative Procedure Act. The putative father keeps a choice: he may demand a trial in superior court, and the judge must then set the issue for trial at the first session of the next term of court after his demand. An administrative determination has the same force and effect as a court decree.
The section also protects inheritance cases. Nothing in Article 3 limits the power of a probate court or superior court under Code Section 53-2-20 to decide who an heir is, or the effect of that court’s findings under Code Section 53-2-26. So a paternity question that arises in settling an estate can still be decided there. Section 19-7-22(d)(2)(D) carries a similar savings clause for legitimation cases. The section was last amended in 2025.
Frequently Asked Questions
Which court handles paternity cases in Georgia?
Both the superior court and the state court of each county have concurrent jurisdiction over paternity cases for children who live in Georgia. State courts have this power even if a local law says otherwise. When the Department of Human Services brings the case, the Office of State Administrative Hearings may also decide it. Venue, the choice of county, is set by § 19-7-42.
Can I get a jury trial in a Georgia paternity case?
No. The section says parties to an action to establish paternity are not entitled to a trial by jury. A judge decides the case. In a case the Department of Human Services brings, a putative father may demand a trial in superior court instead of an administrative hearing, but that is a trial before the judge.
What happens if the state child support agency tries to establish paternity?
When the Department of Human Services seeks to establish paternity, the Office of State Administrative Hearings may decide the issue under the Georgia Administrative Procedure Act. If the putative father demands a trial in superior court, the judge must set the issue for trial at the first session of the next term of court after his demand.
Is an administrative paternity decision as binding as a court order?
Yes. The section says the administrative determination has the same force and effect as a judicial decree. A father who doesn’t want the issue decided administratively needs to demand a trial in superior court. A man ordered to pay support may later move to set aside a paternity determination under § 19-7-54.
Does a paternity case affect who inherits from an estate in Georgia?
This section keeps paternity law from displacing the inheritance courts. Nothing in Article 3 limits the jurisdiction of a probate or superior court under Code Section 53-2-20 to decide the identity or interest of an heir, or the effect of that court’s findings under Code Section 53-2-26. Questions of inheritance are governed by Title 53.
Amendment History
Laws 1980, p. 1374, § 1; Laws 1994, p. 1270, § 3; Laws 1997, p. 1613, § 15; Laws 2009, Act 102, § 2-2, eff. July 1, 2009; Laws 2025, Act 310, § 13, eff. July 1, 2025.
Formerly Code 1933, § 74-301.