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§ 19-7-44.Appointment of guardian ad litem; payment of guardian; notice to natural mother

Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1996 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-7-44 lets a Georgia court appoint a guardian ad litem for the child in a paternity case, bars either parent from serving in that role, and requires the mother to be made a party or given notice.

Full Text of § 19-7-44

Text sizeJump to: (a) (b)

(a) The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem.
(b) The natural mother shall be made a party or, if not subject to the jurisdiction of the court, shall be given notice in a manner prescribed by the court and an opportunity to be heard.
End

Plain-English Summary

A paternity case decides something about the child, but the child is usually too young to speak up. This section lets the court, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. The appointment is not required. The court decides how the guardian is paid, and § 19-7-50 lets it divide fees for the guardian, counsel and experts among the parties.

The section sets one firm limit: neither the child’s mother nor the alleged or presumed father may represent the child as guardian ad litem. The child’s interests may differ from both parents’ interests. A child may need support from a father who denies paternity, or may have a stake in an accurate finding that neither parent shares.

The mother must take part. The natural mother must be made a party. If she isn’t subject to the court’s jurisdiction, for example because she lives out of state without the needed contacts, she must instead get notice in a manner the court prescribes and a chance to be heard. That way a finding about her child isn’t made behind her back. Section 19-7-48 adds that the child must be a party to any settlement with the alleged father. The section was last amended in 1996.

Frequently Asked Questions

Does the child get a guardian ad litem in a Georgia paternity case?

Only if the court decides to appoint one. The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Nothing in the section requires it. A party who thinks the child needs separate representation can ask the court to make an appointment.

Who pays the guardian ad litem in a paternity case?

Whoever the court orders. The section says payment of the guardian ad litem shall be as ordered by the court. Under § 19-7-50, the court may order reasonable fees for the child’s guardian ad litem, along with counsel fees, expert fees and other costs, paid by the parties in proportions and at times it decides.

Can the mother act as the child’s guardian ad litem?

No. Neither the child’s mother nor the alleged or presumed father may represent the child as guardian ad litem. The guardian must be someone else, appointed by the court, so the child’s interests are represented apart from either parent’s position in the case.

Does the mother have to be part of a paternity case in Georgia?

Yes. The natural mother must be made a party. If she isn’t subject to the court’s jurisdiction, she must instead receive notice in a manner the court prescribes and an opportunity to be heard. Either way, the court can’t decide paternity without giving her a chance to participate.

What if the mother lives outside Georgia?

If the court has jurisdiction over her, she is made a party as usual. If she isn’t subject to the court’s jurisdiction, the court prescribes how she gets notice and she must be given a chance to be heard. Service on out-of-state parties more broadly is governed by § 19-7-41.

Amendment History

Laws 1980, p. 1374, § 1; Laws 1992, p. 1833, § 3; Laws 1996, p. 923, § 1.

Formerly Code 1933, § 74-305.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
Also known as: guardian ad litem paternity georgiachild representation paternity casemother party paternity georgiagal paternity case georgia