Herrin v. Herrin

Undercofler, Presiding Justice.

In this divorce action, the trial judge found the husband was not the father of the child for whom child support was sought. The mother appeals. We reverse.

Once sexual intercourse between the husband and wife is proved, nothing short of impossibility will rebut the presumption of legitimacy of the child born to the wife. Wright v. Hicks, 15 Ga. 160, 170 (9) (1854). Accord, Simeonides v. Zervis, 120 Ga. App. 883 (172 SE2d 649) (1969); s. c. 127 Ga. App. 506 (194 SE2d 324) (1972). See also Code § 74-101. See generally Stubbs, Georgia Law of Children, § 3 (1969); 3…