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What is the statute for parental recovery of child’s death?

Under statute O.C.G.A. 19-7-1, the Georgia Parental Power and Recovery for the Homicide of a Child Statute, it is outlined who has the right to recovery. It also details how the right to recovery can be lost.

When a child is under the age of 18, they are under the “control” of their parents. When the court awards custody of the child to a single parent, that parent is the only person entitled to the services of the child and the proceeds of that child’s labor.

A parent can lose power or control over their child in several ways:

  1. Releasing parental rights via contract to a third person;
  2. Consenting to the adoption by a third person;
  3. Abandoning the child or failing to provide necessities;
  4. Allowing the child to receive the proceeds of their labor.
  5. Consenting to the child’s marriage; or
  6. Treating the child cruelly.

When a child is killed, the parent or legal guardian is entitled to the recovery of the full value of the child’s life. In most cases, the value is divided equally among both legal parents. There are unique situations in which this is not the case.

Any person who experiences the wrongful death of a child in Atlanta should speak with an experienced personal injury attorney. An attorney can review the cause of death and surrounding details and assist a family in filling out the necessary paperwork or, in some cases, filing a wrongful death lawsuit.