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GA SB331

Bill

Status

Passed

4/26/2016

Primary Sponsor

Bruce Thompson

Click for details

Origin

Senate

2015-2016 Regular Session

AI Summary

  • Adds causing a child to be conceived through nonconsensual sexual intercourse (rape) or when the mother is under 10 years old as an "aggravated circumstance" under the Juvenile Code, providing an additional ground for terminating parental rights.
  • Creates a presumption against legitimation when a court finds by clear and convincing evidence that the father caused the child to be conceived through rape or sexual intercourse with a mother under age 10; if legitimation is denied, the child may still inherit from the father, but the father may not inherit from the child.
  • Adds conception through rape or intercourse with a mother under age 10 as a ground for waiving the requirement of parental surrender or consent in adoption proceedings and as a basis for petitioning to terminate parental rights in superior court.
  • Requires courts to stay discovery in legitimation proceedings when there is a related pending criminal case involving the rape allegation.
  • Bars a father from using a sworn statement of parentage to establish inheritance rights from a child born out of wedlock when a court determines by clear and convincing evidence that the child was conceived through rape or intercourse with a mother under age 10.

Legislative Description

Courts; causing a child to be conceived; violating certain prohibitions relating certain offenses; additional ground for terminating parental rights

Last Action

Effective Date

7/1/2016

Full Bill Text

No bill text available