§ 19-7-49.Final order; effect; evidence of costs
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1997 · Last verified October 9, 2026
Full Text of § 19-7-49
Plain-English Summary
This section says what the court does at the end of a paternity case. If it finds that the alleged father is the father, it “shall” issue an order designating him as the father. The sole effect of that order is to establish his duty to support the child. If it finds he is not the father, it “shall” issue an order declaring that finding.
The words “sole effect” matter. A paternity order makes a man responsible for support, but it doesn’t legitimate the child or give him custody. Under § 19-7-25, only the mother is entitled to custody until the father legitimates the child under § 19-7-22. Two other provisions widen the case: § 19-7-51 lets the decree contain support terms and other matters in the child’s best interests, and § 19-7-22(h) lets an alleged father in a case the Department of Human Services brings ask for legitimation in the same action.
The section also eases proof of costs. The trier of fact must receive evidence of the costs of pregnancy, childbirth and genetic testing without foundation or third-party testimony. That evidence is prima facie proof of the amounts spent for those services or for testing on the child’s behalf. The court may award those costs as part of its final decree. It is discretionary, not automatic. The section was last amended in 1997.
Frequently Asked Questions
What happens when a Georgia court finds a man is the father?
The court must issue an order designating him as the father of the child. The sole effect of that order is to establish his duty to support the child. Under § 19-7-51, the decree may also set support by periodic or lump sum payments under § 19-6-15 and address other matters in the child’s best interests.
Does a paternity order give the father custody or visitation in Georgia?
Not by itself. The sole effect of the order designating him as the father is to establish his duty to support the child. Custody and visitation rights for an unmarried father come through legitimation under § 19-7-22. Section 19-7-51 does let a paternity decree include other matters in the child’s best interests.
What if the court finds the man is not the father?
The court must issue an order declaring that he is not the father of the child. That order ends the question of his duty to support the child in that case. If he paid into escrow under a temporary support order, § 19-7-46.2(d) returns the escrowed amount to him with any accrued interest.
Can the father be ordered to pay for pregnancy and birth costs in Georgia?
He can. The court may award the costs of pregnancy, childbirth and genetic testing as part of its final decree. The award is discretionary, so the judge decides whether and how much. Evidence of those costs is received without foundation or third-party testimony and is prima facie evidence of the amounts incurred.
Do I need a witness from the hospital to prove medical bills in a paternity case?
No. The trier of fact must receive evidence of the costs of pregnancy, childbirth and genetic testing without foundation or the need for third-party testimony. That evidence is prima facie proof of the amounts incurred, which the other side may try to rebut.
Amendment History
Laws 1980, p. 1374, § 1; Laws 1997, p. 1613, § 22.
Formerly Code 1933, § 74-310.