Georgia Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

While there are several reasons why parental rights in Georgia are terminated, an absent parent who has not paid child support or communicated with a child for a year or longer is viewed as having abandoned the child and will have parental rights terminated.

Unmarried Parents. The mother of a child born out of wedlock has all rights to custody of the child. Signing the birth certificate does not give the biological father the right to take the child. To get custody or any rights to visit, the father must first prove he is the father.

Note: Parents of a child born out of wedlock may sign a PA form to establish paternity for their child at any time ? there is no time limit. Effective July 1, 2008, voluntary legitimation of a child born out of wedlock must be done before the child's first birthday [O.C.G.A. § 19-7-21(a)(b)].

In Georgia, there is no clear time limitation established by law to determine paternity.

If a man and woman are married when a child is conceived or when the child is born, the husband is presumed to be the father. There are no other necessary legal steps to take to establish paternity in this case.

Paternity: Under Georgia law, paternity establishes the biological condition of being a father but does not establish the legal relationship of the father/child. Superior and state courts have concurrent jurisdiction in paternity proceedings. O.C.G.A. §19-7-40(a).

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Georgia Instruction to Jury in a Paternity as to the Average Period of Gestation