This section contains the nature of the case and procedural background.

F was the biological father of a minor child who was killed in an auto accident. The child's mother was killed as well. F and the mother were never married, and F did not legitimate the child as he could have done under Georgia law. F did sign the birth certificate and contribute to the child's support. The child took F's name and was visited by F on a regular basis. F brought an action to recover for wrongful death. The driver of the auto-filed a motion for summary judgment against F's case in that under Georgia law, F was precluded from recovering for his illegitimate child's wrongful death. The trial court held that the statute violated both Due Process and Equal Protection and denied the summary judgment. The Georgia Supreme Court reversed.

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