Georgia Voluntary Acknowledgment of Paternity (Form 3940): Establishing Paternity Without Going to Court

What Is the Georgia Voluntary Acknowledgment of Paternity (Form 3940)?

The Georgia Voluntary Acknowledgment of Paternity (Form 3940), also called the Paternity Acknowledgment (PA) form, is a legal document used by unmarried parents to voluntarily establish the biological father of a child. Once completed, signed, and notarized, the form is filed with the Georgia State Office of Vital Records, which adds the father's name to the child's birth certificate.

This form is the primary mechanism under Georgia law for establishing paternity outside of a court proceeding. It provides a simple, voluntary process for unmarried parents to legally recognize the biological father without the need for litigation.

What Is It Used For?

Form 3940 serves two main purposes:

• Adding the father to the birth record: When both parents voluntarily agree, the form allows the biological father's name to be added to the child's birth certificate.
• Establishing a legal father-child relationship: The signed and notarized form creates a legal presumption of paternity, which carries legal implications for child support, inheritance rights, and access to the father's medical and family history.

Note: While Form 3940 establishes the biological relationship, it does not automatically grant custody or visitation rights. A separate legitimation process through the superior court is required to establish a legal parent-child relationship that includes custody and visitation.

Where Can You Sign Form 3940?

Unwed parents may sign the Voluntary Acknowledgment of Paternity form at:

• Any Georgia birthing hospital at or near the time of the child's birth
• The Vital Records office in the county where the child was born
• A county health department

Why Does Georgia Law Require Notarization?

Georgia law requires that both parents sign Form 3940 in the presence of a notary public. The notarization requirement serves several important purposes:

• Identity verification: The notary confirms the identity of both parents, ensuring that the correct individuals are signing the form.
• Voluntariness: The notarization confirms that both parties are signing voluntarily and without coercion.
• Legal finality: Once notarized and filed, the document becomes a vital record. After a 60-day rescission period, it can only be challenged in court based on fraud, duress, or material mistake of fact.
• Evidentiary weight: A notarized acknowledgment carries significant legal weight and is treated as a legal determination of paternity after the rescission period expires.

Official Form and Resources

You can download the official Georgia Paternity Acknowledgment Form 3940 from the Georgia Department of Public Health at dph.georgia.gov or from the Georgia Division of Child Support Services at childsupport.georgia.gov. Additional information about the paternity establishment process is available on the Georgia DHS Paternity Establishment page.

Need Help Getting Your Form Notarized?

Both parents must appear together before a notary public to sign Form 3940. If you are in Gwinnett County and need this document notarized, finding a qualified, available notary is essential — especially given the time-sensitive nature of signing near the child's birth.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.