§ 19-7-41.Service outside state
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1997 · Last verified October 9, 2026
Full Text of § 19-7-41
Plain-English Summary
Alleged fathers don’t always live in Georgia. This section lets the court in a paternity case reach a person outside the state. The court may order service on that person under Chapter 11 of Title 9, the Civil Practice Act, but only after finding a constitutionally permissible basis for jurisdiction over the person. The order is discretionary: the court “may” order it.
The section points to the bases listed in Article 3 of Chapter 11 of Title 19, Georgia’s version of the Uniform Interstate Family Support Act, as examples. That list, in § 19-11-110, lets a Georgia tribunal reach a nonresident in a case to determine parentage if the person was personally served in Georgia; consented, entered a general appearance or filed a paper waiving any contest to jurisdiction; lived with the child in Georgia; lived in Georgia and paid prenatal expenses or support for the child; caused the child to live in Georgia through his acts or directives; had sexual intercourse in Georgia by which the child may have been conceived; or asserted parentage in Georgia’s putative father registry. It ends with any other basis consistent with the Georgia and U.S. Constitutions.
The words “including those enumerated” mean the list isn’t the outer limit. Any basis that satisfies the Constitution will do. When the alleged father lives out of state, § 19-7-42 places the case in the county where the child lives.
Frequently Asked Questions
Can a Georgia court establish paternity against a father who lives in another state?
It can, if it has a constitutionally permissible basis for jurisdiction over him. This section lets the court order service on a person outside Georgia once it makes that finding. The bases in § 19-11-110 include living with the child in Georgia, having sexual intercourse in Georgia by which the child may have been conceived, and registering in Georgia’s putative father registry.
What connections to Georgia let the court reach an out-of-state father?
Section 19-11-110 lists them. They include personal service in Georgia, consent or a general appearance, having lived with the child in Georgia, having lived in Georgia and provided prenatal expenses or support, the child living in Georgia because of the person’s acts or directives, sexual intercourse in Georgia by which the child may have been conceived, and asserting parentage in Georgia’s putative father registry. Any other constitutional basis also works.
How is an out-of-state person served in a Georgia paternity case?
Under Chapter 11 of Title 9, the Georgia Civil Practice Act, which governs service of process in civil cases. This section adds a condition before the court orders it: a finding that there is a constitutionally permissible basis for jurisdiction over the person. Paternity cases are civil actions, so § 19-7-47 applies the civil rules generally.
Is the court required to order out-of-state service?
No. The court “may” order service outside the state, and only after finding a constitutionally permissible basis for jurisdiction. Without that finding, the section gives no authority to order it. Whether a basis exists depends on the person’s actual contacts with Georgia, which the judge weighs.
Where is the case filed if the alleged father lives outside Georgia?
In the county where the child lives. Under § 19-7-42, a paternity action is normally brought in the county where the alleged father lives, but if he is not a Georgia resident, it goes to the child’s county of residence. Jurisdiction over him personally still depends on the finding this section requires.
Amendment History
Laws 1980, p. 1374, § 1; Laws 1997, p. 1613, § 16.
Formerly Code 1933, § 74-302.