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Venable v. Parker

In a challenge to a voluntary acknowledgment of paternity, the superior court lacks jurisdiction to order a paternity test unless it sets aside the acknowledgment.

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After Mark Parker executed a voluntary acknowledgment of paternity stating that he was the natural father of the child born to Meranda Venable, the trial court entered a final order establishing paternity and child support. Several months after the final order establishing paternity, Parker filed a motion to set aside his voluntary acknowledgment of paternity and the final order on the grounds of fraud and material mistake of fact. Following an evidentiary hearing, the trial court denied Parker’s motion to set aside but nevertheless ordered the parties to undergo genetic testing to establish paternity of the child. We granted Venable’s application for discretionary review of the trial court’s order and now reverse. The record shows that on May 9, 2008, Venable gave birth to a son. It is undisputed that Venable and Parker engaged in one sexual encounter approximately nine months prior to the child’s birth.

On June 4, 2008, Venable and Parker signed a voluntary acknowledgment of paternity indicating that Parker was the natural father of the minor child the “Paternity Acknowledgment”. See OCGA § 19-7-46.1 b.1 The Paternity Acknowledgment expressly stated that Parker could rescind his acknowledgment within 60 days of his signature on the form, or up to the date of an order establishing paternity, whichever occurred first. It further provided that after the rescission period ended, the signed acknowledgment would “constitute a legal determination of paternity and could be challenged in a court of law only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment.” Additionally, the Paternity Acknowledgment stated that by signing the form, and after 60 days had passed, Parker would “have given up his rights to DNA testing.” The Paternity Acknowledgment was duly recorded in Georgia’s putative father registry, and Parker did not seek rescission within 60 days from signing it.

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