Staff Analysis of the Legislation
|
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. |