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Georgia wrongful death claims: how do you determine who has standing?

9/14/26

By: Allyson Brumett

Under Georgia’s wrongful death statute, if an individual dies leaving no surviving spouse, the decedent’s children may bring a wrongful death claim for the full value of the life of their deceased parent. However, when the claimant is a child born out of wedlock, an additional statutory hurdle applies. O.C.G.A. § 51-4-2 expressly provides that the fact a child was born out of wedlock is not necessarily a bar to recovery, but the child must possess inheritance rights under O.C.G.A. § 53-2-3.

Whether a child can recover for the wrongful death of his or her parents often is easily evaluated by a quick review of the child’s birth certificate. An issue arises, however, when a claimant alleges that the deceased was his or her father, but the father is not listed on the birth certificate. The absence of the father’s name on the birth certificate does not automatically defeat standing. Likewise, however, the claimant’s mere assertion of paternity is not sufficient.

Under O.C.G.A. § 53-2-3, a child born out of wedlock may inherit from his or her father, and therefore would qualify as a wrongful death beneficiary, if any one of several statutory methods of establishing paternity is satisfied. These methods include, for example, a legitimation order or a qualifying sworn acknowledgment of paternity.

What this means is that the absence of the father’s name on the birth certificate simply eliminates one potential avenue of proof. It does not end the inquiry. The practical question is whether the claimant can establish inheritance rights through the deceased father under O.C.G.A. § 53-2-3. If inheritance rights exist, the child may pursue a wrongful death claim. If inheritance rights cannot be established, the child lacks standing to bring a wrongful death claim.

If you have a wrongful death case where you have questions about the claimant’s standing, don’t hesitate to reach out to us to discuss!

For more information, please contact Allyson Brumett at allyson.brumett@fmglaw.com or your local FMG Law attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.