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Child Support and Paternity

As technology changes our world, it also changes our Child Support and Paternity laws here in Georgia. Typically, in a parent cannot waive their right to receive child support, nor can another bereleased from their obligation to pay child support in Georgia. Worthington v. Worthington , 250 Ga. 730, 731 (1) (301 SE2d 44) (1983); Dept. of Human Resources v. Mitchell , 232 Ga. App. 215,216-217 (1) (501 SE2d 508) (1998). But, artificial insemination has created an exception to that law. The Supreme Court of Georgia has ruled that, in Georgia, biological paternity does not createa responsibility to provide support in cases of artificial insemination. Pruitt v. Lindsey, 261 Ga. 540, 541 (2), n. 2 (407 SE2d 750) (1991).

This issue was taken up again in Brown v. Gadson, 288 Ga. App. 323 (654 SE2d 179) (2007), and the Court of Appeals affirmed that artificial insemination does not create a responsibility toprovide support, especially when the mother and sperm donor enter an agreement. This case had a slight twist because the agreement was made in Florida, and under Florida law, these agreements arevalid and enforceable. Fla. Stat. § 742.14; see also Lamaritata v. Lucas, 823 S2d 316, 319 (Fla. App. 2002) (holding under the foregoing statute that “[a] person who provides sperm for a woman toconceive a child by artificial insemination is not a parent”).


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