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01 HB369/AP
House Bill 369 (AS PASSED HOUSE
AND SENATE): Signed by Governor Roy Barnes on
May 9, 2002
By: Representatives Watson of the 70th, Mobley of the 69th,
Bordeaux of the 151st, Sailor of the 71st and Forster of
the 3rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 7
of Title 19 of the Official Code of Georgia Annotated, relating to
determination of paternity, so as to provide for a motion to set aside a
determination of paternity based on newly discovered evidence regarding
paternity of a child; to provide requirements for filing such a motion; to
provide that relief on such motion shall be granted if genetic testing
conclusively shows that the alleged father is not the biological father of the
child and certain other conditions are met; to provide that such relief shall
not be denied because of the prior occurrence of certain acts unless the
alleged father acted with knowledge that he was not the biological father; to provide for additional testing; to
provide for costs; to provide for relief; to provide for matters relative to
the foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL
ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 7 of Title
19 of the Official Code of Georgia Annotated, relating to determination of
paternity, is amended by adding after Code Section 19-7-53, relating to
confidentiality of hearings, a new Code section to read as follows:
19-7-54.
(a) In any action in which a male is required
to pay child support as the father of a child, a motion to set aside
a determination of paternity may be made at any time upon the grounds set forth
in this Code section. Any such motion shall be filed in the superior court and
shall include:
(1)
An
affidavit executed by the movant that the newly discovered evidence has come to
movantīs knowledge since the entry of judgment; and
(2)
The
results from scientifically credible parentage-determination genetic testing,
as authorized under Code Section 19-7-46 and administered within 90 days prior
to the filing of such motion, that finds that there is a 0 percent probability
that the male ordered to pay such child support is the father of the child for
whom support is required.
(b) The court shall grant relief
on a motion filed in accordance with subsection (a) of this Code section upon a
finding by the court of all of the following:
(1)
The
genetic test required in paragraph (2) of subsection (a) of this Code section
was properly conducted;
(2)
The male
ordered to pay child support has not adopted the child;
(3)
The child
was not conceived by artificial insemination while the male ordered to pay
child support and the childīs mother were in wedlock;
(4)
The male ordered to pay child support did not
act to prevent the biological father of the child from asserting his paternal
rights with respect to the child; and
(5)
The male
ordered to pay child support with knowledge that he is not the biological
father of the child has not:
(A) Married the mother of the child and voluntarily assumed the parental
obligation and duty to pay child support;
(B) Acknowledged his paternity of the child in a sworn statement;
(C) Been named as the childīs biological father on the childīs birth
certificate with his consent;
(D) Been required to support the child because of a written voluntary promise;
(E) Received written notice from the Department of Human Resources, any other
state agency, or any court directing him to submit to genetic testing which he
disregarded;
(F) Signed a voluntary acknowledgment of paternity as provided in Code Section
19-7-46.1; or
(G) Proclaimed himself to be the childīs biological father.
(c) In the event movant fails to make the requisite showing provided in
subsection (b) of this Code section, the court may grant the motion or enter an
order as to paternity, duty to support, custody, and visitation privileges as
otherwise provided by law.
(d) In the event relief is
granted pursuant to subsection (b) of this Code section, relief shall be limited
to the issues of prospective child support payments, past due child support
payments, termination of parental rights, custody, and visitation rights.
(e) The duty to pay child support
and other legal obligations for the child shall not be suspended while the
motion is pending except for good cause shown; however, the court may order the
child support be held in the registry of the court until final determination of
paternity has been made.
(f) (1) In any action
brought pursuant to this Code section, if the genetic test results submitted in
accordance with
paragraph
(2) of subsection (a) of this Code section are provided solely by the male
ordered to pay child support, the court on its own motion may, and on the motion of any party shall, order the childīs
mother, the child, and the male ordered to pay child support to submit to
genetic tests. The court shall provide that such genetic testing be
done no more than 30 days after the court issues its order.
(2) If
the mother of the child or the male ordered to pay child support willfully
fails to submit to genetic testing, or if either such party is the custodian of
the child and willfully fails to submit the child for testing, the court shall
issue an order determining the relief on the motion against the party so
failing to submit to genetic testing. If a party shows good cause for failing
to submit to genetic testing, such failure shall not be considered willful.
(3) The party requesting genetic testing shall pay any fees charged for the
tests. If the custodian of the child is receiving services from an
administrative agency in its role as an agency providing enforcement of child
support orders, such agency shall pay the cost of genetic testing if it
requests the test and may seek reimbursement for the fees from the person
against whom the court assesses the costs of the action.
(g) If relief on a motion filed
in accordance with this Code section is not granted, the court shall assess the
costs of the action and attorneyīs fees against the movant.
SECTION 2.
This Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION 3.
All laws and parts of laws in
conflict with this Act are repealed.