§ 19-7-54.Motion to set aside determination of paternity

This section gives a man paying child support as a child’s father a path out when genetic testing shows he isn’t. Unless the section says otherwise, he may move to set aside the paternity determination at any time, in the superior or state court that entered the order. The motion must include his affidavit that the newly discovered evidence came to his knowledge after judgment, and results from scientifically credible genetic testing, as authorized by § 19-7-46 and administered within 90 days before filing, finding a 0 percent probability that he is the father.

The court “shall” grant relief if it finds all five conditions. The test was properly conducted. He hasn’t adopted the child. The child wasn’t conceived by artificial insemination, in vitro fertilization or a similar method while he and the mother were married. He didn’t act to prevent the biological father from asserting paternal rights. And, knowing he wasn’t the biological father, he did not marry the mother and voluntarily take on the support duty, acknowledge paternity in a sworn statement, consent to being named father on the birth certificate, become bound by a written voluntary promise to support, disregard written notice from the Department of Human Services, another state agency or a court to submit to testing, sign a voluntary acknowledgment under § 19-7-46.1, or proclaim himself the father. If he falls short, the court may still grant the motion or enter orders on paternity, support, custody and visitation as otherwise provided by law.

When a Georgia court or the Department of Human Services issued the support order and the Department is enforcing it, a person involved in that enforcement who intends to file may ask the Department for a test, paying the fee in advance, with a statement that conditions (2) through (5) are met. The Department may refuse if testing was already done, the child was adopted by the requester or the other person in the case, the child was conceived through assisted reproduction, or the requester turned down an earlier offer of testing. If the other person won’t consent, the requester may petition the court. When the test the man submits comes only from him, the court may on its own motion, and must on any party’s motion, order the mother, child and man tested no more than 30 days after the order. If either the mother or the man willfully fails to submit, or either one, as the child’s custodian, willfully fails to produce the child, the court must decide the motion against that party; good cause makes the failure not willful. The requesting party pays, though a child support agency serving the custodian pays if it requests the test and may seek reimbursement.

Relief is limited to prospective and past-due child support, termination of parental rights, custody and visitation. A court may relieve him of amounts owed to the state when the Department obtained the order, and of amounts owed to others if he joins them and gives them notice. The Department must be a party whenever money is owed to the state, or no waiver of that debt is allowed. Support doesn’t stop while the motion is pending except for good cause, though the court may hold payments in its registry. If the motion fails, the court must assess costs and attorney’s fees against him. The section was last amended in 2025.