§ 19-7-46.1.Effect of father’s name or social security number on records as evidence of paternity; signed voluntary acknowledgment of paternity; certified copy of voluntary acknowledgment 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 § 19-7-46.1
Plain-English Summary
This section covers the paperwork that can establish paternity without a trial. First, records. A father’s name or social security number on the child’s birth certificate, entered with his written consent, or an out-of-state vital record naming him with his written consent, or his registration in Georgia’s putative father registry with his written consent, makes a prima facie case of paternity. In a paternity proceeding the burden then shifts to him to rebut it.
Second, the voluntary acknowledgment. When both the mother and father sign an acknowledgment of paternity before a notary, swearing or affirming that its statements are true, and it is filed with the State Office of Vital Records within 30 days of signing and recorded in the putative father registry under § 19-11-9(d), it becomes a legal determination of paternity. Any signer may rescind it before the earliest of three dates: a support order, any other order adjudicating paternity, or 60 days after signing. Recording the acknowledgment counts as a legal determination of paternity for a future support order and other matters under § 19-7-51. It establishes the man as the biological father, but it is not a legitimation under § 19-7-22.
After the 60-day rescission period, the acknowledgment can be challenged in court only for fraud, duress or material mistake of fact, and the challenger bears the burden of proof. Child support and other legal duties arising from the acknowledgment continue during the challenge unless the court finds good cause to suspend them. Any signer may get a copy on request.
Finally, the section lists who may get a certified copy from the state registrar or local custodian on written application: a signer and his or her guardian or temporary guardian; the person whose paternity was acknowledged, once 18; that person’s guardian, temporary guardian or legal custodian; that person’s living legal spouse, next of kin or legal representative, or someone who has applied in good faith to become the representative; a court by order or subpoena; a state or federal agency needing it for official purposes; a Georgia lawyer in good standing investigating for a client; and a licensed child-placing agency needing it for official purposes. The section was last amended in 2025.
Frequently Asked Questions
Can I cancel a voluntary acknowledgment of paternity in Georgia?
Yes, within a short window. Any signer may rescind it before the earliest of three dates: the date of a support order, the date of any other order adjudicating paternity, or 60 days from signing. Once that window closes, the acknowledgment can be challenged in court only for fraud, duress or material mistake of fact.
Can I challenge an acknowledgment of paternity after 60 days?
Only on the basis of fraud, duress or material mistake of fact, and you carry the burden of proof. Your legal responsibilities from the acknowledgment, including child support, are not suspended during the challenge unless the court finds good cause. A separate route to set aside a paternity determination for a man paying support exists in § 19-7-54, but if you signed an acknowledgment knowing you weren’t the father, that section no longer requires the court to grant relief.
Does signing an acknowledgment of paternity give a Georgia father custody rights?
No. The acknowledgment establishes the biological father but is not a legal determination of legitimation under § 19-7-22. Under § 19-7-25, only the mother is entitled to custody until the father legitimates the child. The acknowledgment does count as a legal determination of paternity for a future support order.
Does the father’s name on the birth certificate prove paternity in Georgia?
It creates a prima facie case, if his name or social security number was entered with his written consent. The same is true of an out-of-state vital record entered with his written consent, or his consented registration in Georgia’s putative father registry. In a paternity case, the burden then shifts to him to rebut it.
Who can get a certified copy of a Georgia acknowledgment of paternity?
On written application to the state registrar or local custodian: the signers and their guardians; the person whose paternity was acknowledged, if at least 18; that person’s guardian or legal custodian; a spouse, next of kin or legal representative; a court by order or subpoena; a government agency for official purposes; a Georgia lawyer in good standing investigating for a client; and a licensed child-placing agency for official purposes.
Amendment History
Laws 1992, p. 1266, § 1; Laws 1997, p. 1613, § 20; Laws 2008, Act 580, § 6, eff. July 1, 2008; Laws 2016, Act 404, § 7, eff. July 1, 2016; Laws 2025, Act 184, § 3, eff. July 1, 2025.