Supreme Court of Georgia

Patton v. Vanterpool

October 16, 2017

Summary

The court held that the irrebuttable presumption of legitimacy for children conceived through artificial insemination does not apply to a child conceived through in vitro fertilization. Applying the statute's plain and ordinary meaning, the court distinguished artificial insemination, which introduces sperm into the reproductive tract for in vivo fertilization, from IVF, which fertilizes an ovum outside the body and transfers the embryo into the uterus. The court therefore reversed the superior court's grant of summary judgment on paternity.