§ 19-7-48.Settlement, dismissal, or termination of civil action
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1980 · Last verified October 9, 2026
Full Text of § 19-7-48
Plain-English Summary
Parents sometimes want to end a paternity case on their own terms. This short section makes sure the child’s interests aren’t bargained away. The child must be a party to any settlement agreement with the alleged father. And the court must approve any settlement, dismissal or termination of the action that doesn’t adjudicate the merits, meaning any ending short of a decision on whether he is the father.
The rule works with § 19-7-43(b), which says an agreement between an alleged or presumed father and the mother or child doesn’t bar a paternity petition unless the court approved it under Article 3. Put together, a private deal between the adults won’t stop the child, the Department of Human Services or another qualified petitioner from bringing the case later. Only an agreement the court approved falls outside that rule, and this section requires the child to be a party to any settlement with the alleged father.
The section doesn’t say who signs for the child. Under § 19-7-44, the court may appoint a guardian ad litem for the child, and neither the mother nor the alleged or presumed father may serve in that role. The section has not been amended since its 1980 enactment.
Frequently Asked Questions
Can parents settle a Georgia paternity case privately?
Not without the court and the child. The child must be a party to any settlement agreement with the alleged father, and the court must approve any settlement, dismissal or termination that doesn’t decide the merits. Under § 19-7-43(b), an agreement without court approval doesn’t bar a later paternity petition.
Does the child have to be part of a paternity settlement in Georgia?
Yes. The section says the child must be a party to a settlement agreement with the alleged father. The child’s right to support and to an accurate finding belongs to the child, so the adults can’t settle it alone. The court may appoint a guardian ad litem to represent the child under § 19-7-44.
Can the person who filed a paternity case just dismiss it?
Not without court approval if the dismissal doesn’t decide the merits. The court must approve any settlement, dismissal or termination of the action that doesn’t adjudicate whether the alleged father is the father. That lets the judge check that the child’s interests are protected.
Will a private agreement stop a later paternity case?
No, unless the court approved it under Article 3. Section 19-7-43(b) says that, regardless of its terms, an agreement between an alleged or presumed father and the mother or child doesn’t bar a paternity petition. That rule doesn’t reach an agreement the court approved, and § 19-7-48 requires the child to be a party to any settlement with the alleged father.
Who represents the child in a paternity settlement?
This section doesn’t say. Under § 19-7-44, the court may, in its discretion, appoint a guardian ad litem for the child, and neither the mother nor the alleged or presumed father may serve as guardian ad litem. The court sets how the guardian is paid.
Amendment History
Laws 1980, p. 1374, § 1.
Formerly Code 1933, § 74-309.