§ 19-7-45.Genetic testing
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 2023 · Last verified October 9, 2026
Full Text of § 19-7-45
Plain-English Summary
This section governs how genetic testing ordered in a paternity case is done. Every testing order must conform to §§ 19-7-43, 19-7-46 and 19-7-54. The test must be of a type experts in the field reasonably rely on, and it must be run by a laboratory accredited by the AABB (formerly the American Association of Blood Banks) or its successor, or by an accrediting body the U.S. Secretary of Health and Human Services designates. When a paternity action starts before the child is born, the court must order testing as soon as medically feasible after the birth.
A duly qualified licensed practicing physician, a duly qualified immunologist or another qualified person performs the test. The court decides how many experts there will be and what qualifications they need. Results must go to all parties at interest as soon as they are available.
A testing order is enforceable by contempt. There is a twist when the person who started the case won’t cooperate: if the petitioner refuses to submit to testing, the court may dismiss the action on the respondent’s motion. Under § 19-7-46(d), evidence of a refusal is also admissible at trial.
The section ends with privacy protections. The Department of Human Services and any court ruling on paternity must, insofar as possible, keep the written test results off pleadings and orders. Genetic material collected for testing must be destroyed within a reasonable time set by Department rule, and it may not be shared with any other person or entity. The section was last amended in 2023.
Frequently Asked Questions
What kind of DNA test does a Georgia court accept for paternity?
One of a type reasonably relied upon by experts in genetic testing, run by an accredited laboratory. The lab must be accredited by the AABB, formerly the American Association of Blood Banks, or its successor, or by an accrediting body designated by the U.S. Secretary of Health and Human Services. A qualified physician, immunologist or other qualified person performs the test.
Can paternity testing be done before the baby is born in Georgia?
When a paternity action is filed before birth, the court must order genetic testing to be conducted as soon as medically feasible after the birth. The section doesn’t provide for testing during pregnancy. Under § 19-7-43(c), the rest of a prenatal case is also stayed until after the birth, except service, discovery and depositions.
What happens if someone refuses a court-ordered paternity test in Georgia?
The order is enforceable by contempt. If the petitioner is the one who refuses, the court may dismiss the case on the respondent’s motion. Under § 19-7-46(d), evidence that someone refused a genetic test is admissible to show that the alleged father is not precluded from being the father.
Will my DNA test results be in the public court file?
The law tries to keep them out. The Department of Human Services and any court issuing a paternity order must not, insofar as possible, attach written genetic test results to any pleading or court order. Results still go to all parties at interest as soon as they are available, and § 19-7-53 lets any party ask for a closed hearing.
What happens to my DNA sample after a paternity test in Georgia?
It must be destroyed within a reasonable time, as set by rule of the Department of Human Services. The genetic material collected for testing may not be shared with any other person or entity. The section was last amended in 2023.
Amendment History
Laws 1980, p. 1374, § 1; Laws 1982, p. 3, § 19; Laws 1991, p. 950, § 3; Laws 1993, p. 1980, § 1; Laws 1997, p. 1613, § 18; Laws 2015, Act 252, § 2, eff. July 1, 2015; Laws 2023, Act 244, § 1, eff. July 1, 2023.
Formerly Code 1933, § 74-306.