SB 331 seeks to amend Code Section 15-11-2 and Title 19 of the O.C.G.A. relating to definitions for the Juvenile Code and domestic relations, respectively.

            Paragraph (5) of the aforementioned Code Section includes the scenario in which a parent has caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than 10 years of age as an instance of “aggravated circumstances.”

            Subsection (c) of Code Section 19-7-22 by adding paragraphs (2)(A), (B), and (C). They mandate that if a court determines by clear and convincing evidence that a father caused his child to be conceived as a result of the aforementioned scenario, it shall create a presumption against legitimation. Further, if the court denies the legitimation petition, the child is still capable of inheriting from or through his or her father. If there is a criminal proceeding in connection with an allegation made, the court shall stay discovery in the legitimation action until the completion of such criminal proceeding.

            Further, paragraph (3) of subsection (b) of Code Section 53-2-4 is revised to include that when the court determines by clear and convincing evidence that the father caused conception through the aforementioned scenario, such sworn statement shall be insufficient for purposes relating to inheritance from children born out of wedlock.