Form 3940 - Paternity Acknowledgment - State Of Georgia (Page 2 of 2) in pdf

Purpose

The Paternity Acknowledgment (PA) is a document which has two main purposes. It is used to add a father to a child’s birth re-

cord, and it can also be used in furtherance of efforts to legitimate the relationship between the father and the child.

Restrictions

A PA cannot be used if the mother of the child was married to anyone within 10 months prior to the birth of this child or, if for

any other reason, there is another father listed on this child’s birth certificate. If the mother was married during this time frame,

or if another father is listed on the birth record, court action will be necessary to establish paternity, amend the birth record, and

establish legitimation.

Paternity Acknowledgment Section

Once filed with the State Office of Vital Records, the PA helps establish the father and child relationship. It is a voluntary agree-

ment between the mother and the biological father to add the father’s name to the birth record. The child’s name can also be

changed if agreed upon by both mother and father.

Acknowledgment of Legitimation Section

This section of the document is a voluntary declaration that the mother and biological father consent and agree that the relation-

ship between the child and father shall be considered legitimate for all purposes under the law according to O.C.G.A. §19-7-21.1.

This could assist the father and child to inherit from each other. It may also assist the child to receive social security benefits from

the father, if needed. While this acknowledgment does not establish any right of visitation or custody, the form assists the father

to have standing in court regarding visitation and custody issues. Note: This section does not apply if the child is over one

year of age at the time this document is signed.

Rescission

Either the mother or biological father has 60 days from the date of his/her signature to request to rescind this PA. Rescission of

this document will rescind both the PA Section and the Acknowledgement of Legitimation Section. Please be advised that the

rescission will not remove the father from the birth certificate. You must obtain a court order to remove the father from the birth

certificate or make further amendments to the certificate. After the 60 day rescission period has ended, this signed document may

constitute a legal determination of paternity and can only be challenged in a court of law on the basis of fraud, duress, or material

mistake of fact, with the burden of proof on the person challenging the acknowledgment.

Rights and Responsibilities

Signing the PA is strictly voluntary.

The mother should not sign the PA unless she is confident that the father signing is the biological father of this child.

The father should not sign the PA unless he is confident that he is the biological father of this child.

By signing this document, it will be presumed by law that the male signer is the biological father of this child, and the child’s

birth certificate will reflect this fact.

Signing the Acknowledgement of Legitimation portion of this document signifies an agreement to voluntarily legitimate the

relationship between the child and the acknowledged father for all purposes under the law according to O.C.G.A. §19-7-21.1.

Either the mother or father who signs this document have 60 days from the date of signing to rescind or cancel this acknowl-

edgment.

Any change made to the birth record in the future regarding the child’s name, mother’s name, or father’s name will require a

court order.

Filing Instructions

The PA, once completed and signed in the presence of a notary public, will be forwarded to the State Office of Vital Records where

it will be entered into the State Putative Father Registry and considered a Vital Record. If both parents do not sign a PA before leav-

ing the hospital or birthing facility, only the mother’s name and child’s name will be entered on the birth certificate. The PA may be

signed before a notary at a later date and mailed to the to the State Office of Vital Records. Upon receipt of an acceptable PA form,

the certificate of birth will be amended to enter the name of the father and change the child's name, if requested. For information

on how to rescind a signed PA, contact either the state or a local county vital records office.

Form 3940 (Rev. 7-10)

Form 3940 - Paternity Acknowledgment - State Of Georgia Page 2

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