Paternity Document
Karoline Oum
To complete and file an AOP, both parents must work with an AOP-certified entity. AOP-certified entities have been trained by the Office of the Attorney General to help parents voluntarily establish paternity.
A presumed father is a man to whom the mother is currently married, a man to whom the mother was married to and the marriage ended within 300 days prior to the child's birth or a man who continuously lived with the child and represented himself as the child's father the first two years of the child's life.
Anyone who signs the AOP may file a "Rescission of the Acknowledgment of Paternity" form (VS-158) to rescind the AOP. The form must be filed within the first 60 days after the AOP has been filed with the Vital Statistics Unit (VSU) or before a legal proceeding related to the child is initiated, whichever comes first.
Under Georgia law, an acknowledgment or determination of paternity establishes the biological condition of being a father. However, it does not establish a legal relationship between the father and child that offers custody or visitation rights.
In all other cases, the last name of the child will be the legal last name of the mother at the time of birth as designated by the mother. The parents may designate a last name that is not the legal last name of the mother or father, if that last name is chosen in accordance with a legitimate cultural naming practiced in the nation of origin of one or both parents.
However, no portion of the child's name as entered on the birth certificate will include any number, symbol, or other non-identifying name information, nor will it include any word or term that constitutes an obscenity in any language.
When evidence is presented reflecting a legal change of status by adoption of a person born in this State, legitimation, paternity determination, or acknowledgement of paternity, a new birth certificate may be completed to reflect the name change. The existing birth certificate and the evidence upon which the new birth certificate was based will be placed in a special file. Such file will not be subject to inspection except upon order of a court of competent jurisdiction, or by the State Registrar or designee for purposes of properly administering the Vital Records program.
Effective July 1, 2015, the Division of Child Support Services (DCSS) is required by law to conduct paternity testing in all newly established child support cases in which paternity has not already been established. Paternity establishment by DCSS may be processed through a local Superior Court or through an Administrative Court, depending on the county of your residence. Paternity testing is available in both these processes.
If paternity testing is necessary and the alleged father is found to be the biological father, he will be responsible for reimbursing DCSS for the paternity testing fee. If the alleged father is excluded as the biological father, the biological mother who applied for services will responsible for reimbursing DCSS for the paternity testing fee. The paternity testing fee will not be charged to mothers who are receiving TANF or Family Medicaid, grandparents raising grandchildren, or relative or non-relative third-party custodians. Currently, the cost for paternity testing is $40 per person. For mother, father, and one child, the total cost of paternity testing through DCSS is $120.
Additionally, if unwed parents have established paternity through the Voluntary Paternity Acknowledgement Program, the DCSS can take action(s) to obtain and/or enforce a child support order (i.e. monetary child support and/or health insurance) for you if you apply for services.
The Voluntary Paternity Acknowledgement Program was established by federal law in 1988. Federal laws relating to this program have been updated several times since 1988 to ensure an easy process is in place to assist unwed parents in establishing paternity for their child.
Child Support Services and its child visitation providers do not offer legal services related to visitation. Legal services related to visitation include legitimation and the establishment of visitation orders. Legal help must be obtained from other resources. For those who want to consider filing an action in court on their own, below is a list of resources by county. These sites have forms, instructions, and information about legitimation and visitation.
The Cobb County Superior Court Family Law Workshop is available to any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, GA 30090. They offer a free workshop that provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases. You may call (770) 528-8100.
The DeKalb County Superior Court's Family Law Information Center is available to any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.You may call (404) 687-3990.
The Dougherty County Superior Court Law Library is available to any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, GA 31702. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations. You may call (229) 431-2133.
The Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties are available to any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, GA 30540. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals. You may call (706) 299-1444.
The Fulton County Superior Court Family Division's Family Law Information Center is available to any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, GA 30303. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues. You may call (404) 612-2789.
The Hall and Dawson County Superior Court Family Law Information Center is available to any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, GA 30501. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County. You may call (770) 531-2463.
The Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia is available to all residents of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.
Unwed parents are provided an opportunity to sign a PA form in the hospital when their child is born. After leaving the hospital, parents may complete the form at any Vital Records office. The PA, once completed and signed in the presence of a Notary, will be forwarded to the State Office Vital Records where it will be entered into the State Putative Father Registry.
The PA may be completed and signed at any local Vital Records office. For information on how to rescind (cancel) a signed PA form, contact your local county Vital Records Office. The PA, once completed and signed in the presence of a Notary, will be forwarded to the State Office of Vital Records where it will be entered into the State Putative Father Registry.
After the 60 day rescission period has ended, the signed PA will constitute a legal determination of paternity and may be challenged in a court of law only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment.
A Voluntary Declaration of Parentage (or paternity) (a VDOP) is a government form two parents can sign to create a legal parent-child relationship between a child and parent. It's often signed at the hospital when a child is born, but it can be signed later. There's no cost to use the form. Once it's turned in, both parents' names can go on a child's birth certificate.
Select your mobile carrier Select your mobile carrierBoost MobileCricket WirelessAlltelGoogle FiMetroPCSAT&TRepublic WirelessSprintT-MobileVerizonU.S. CellularVirgin Mobile We'll only use this mobile number to send this link Why sign a VDOP? Signing a VDOP is free and you don't have to go to courtUsing the VDOP is free. The VDOP has the same effect of a judgment (final court order) that says who your child's legal parents are. Going to court can take a lot of time and can be expensive.
There are also rules about when you can't sign a VDOP. For example, in cases of surrogacy or if a judge has already said someone else is the child's legal parent. The VDOP form you sign has more information about the rules about who can and can't sign a VDOP.
Parents can also sign the VDOP later at certain government locations. They can sign the VDOP in front of government officials at a local child support agency, registrar of births, Family Law Facilitator at your local superior court, or a local Welfare office
You can ask for the form to be sent to you by mail by e-mailing ask...@dcss.ca.gov, or you can get it at any of the above government locations. You and the other parent can then sign it in front of a notary public. There's usually a fee to use a notary.
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