§ 19-7-47.Civil action; testimony of mother and alleged father; default judgments
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1999 · Last verified October 9, 2026
Full Text of § 19-7-47
Plain-English Summary
A paternity case in Georgia is a civil lawsuit, not a criminal one. This section says any proceeding under Article 3 is a civil action governed by the rules of civil procedure. The mother and the alleged father are both competent witnesses, and either may be compelled to appear and testify.
The section then sets a strict default rule. If the respondent doesn’t file an answer within the time the Civil Practice Act requires, the case goes into default automatically, unless that time was extended as the law allows. The respondent may open the default as a matter of right by filing defenses within 15 days of the day of default and paying costs. No showing of excuse is needed inside that window.
After the 15 days pass with the case still in default, the plaintiff is entitled to a default verdict and judgment at any time, in open court or in chambers, as if every item and paragraph of the complaint were supported by proper evidence. In a paternity case, that can mean a finding that the alleged father is the father without a genetic test or a trial, followed by the support duty § 19-7-49 attaches. Someone served with a paternity petition should watch the answer deadline closely. The section was last amended in 1999.
Frequently Asked Questions
Is a paternity case in Georgia civil or criminal?
Civil. Any proceeding under Georgia’s paternity article is a civil action governed by the rules of civil procedure. That means the usual civil steps apply: service, an answer, discovery and hearings. Under § 19-7-40, there is no jury; a judge decides the case.
Can the mother or alleged father be forced to testify in a paternity case?
Yes. The section says both the mother and the alleged father are competent to testify and may be compelled to appear and testify. Neither can avoid the case by refusing to take the stand when properly called. Because the case is a civil action governed by the rules of civil procedure, the usual civil tools for compelling a witness to appear apply.
What happens if the alleged father doesn’t answer a paternity petition in Georgia?
The case automatically goes into default if no answer is filed within the time the Civil Practice Act requires, unless the time was extended as the law allows. He then has 15 days from the day of default to open it as a matter of right by filing defenses and paying costs.
How do I open a default in a Georgia paternity case?
File your defenses within 15 days of the day of default and pay the costs. Inside that window, opening the default is a matter of right. After the 15 days, the plaintiff becomes entitled to a default judgment, and the section gives no automatic way back in.
What happens after the 15-day default period ends?
If the case is still in default, the plaintiff is entitled at any time to a verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint were supported by proper evidence. In a paternity case, that can lead to a finding that he is the father.
Amendment History
Laws 1980, p. 1374, § 1; Laws 1994, p. 1270, § 5; Laws 1999, p. 81, § 19.
Formerly Code 1933, § 74-308.