01 HB369/AP

House Bill 369 (AS PASSED HOUSE AND SENATE)
By: Representatives Watson of the 70^th, Mobley of the 69^th, Bordeaux of the 151^st, Sailor of the 71^st and Forster of the 3^rd

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.

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."

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

All laws and parts of laws in conflict with this Act are repealed.