Title 26 — Title 26

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §5; Acts 1994, No. 94-705, p. 1362, §1.)

This article governs genetic testing of an individual to determine parentage, whether the individual: (1) voluntarily submits to testing; or (2) is tested pursuant to an order of the court or the Alabama Department of Human Resources. History: (Act 2008-376, p. 666, §2.)

(a) Except as otherwise provided in this article and Article 6, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is made by a party to the proceeding, the Alabama Department of Human Resources, or the represe…

(a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) the American Association of Blood Banks, or a successor to its functions; (2) the American Society for Histocompatibili…

(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this article is self-authenticating. (b) Documentation from the testing laboratory of the following information…

(a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that: (1) the man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by usi…

(a) Subject to assessment of costs under Article 6, the cost of initial genetic testing must be advanced: (1) by the Alabama Department of Human Resources in a proceeding in which the Alabama Department of Human Resources is providing services, except when alternative arrangement…

The court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child unde…

(a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimen…

For good cause shown, the court may order genetic testing of a deceased individual. History: (Act 2008-376, p. 666, §2.)

(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. (b) If each brother satisfies the requirem…

An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class A mi…

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §6; Acts 1994, No. 94-705, p. 1362, §1; Act 2000-673, p. 1340, §1.)

(a) A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure as such applies to the court in which the proceeding is filed. (b) Stipulations in any ag…

Subject to Article 3 and Sections 26-17-607 and 26-17-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4) the Alabama Department of Human Resources; (5) an aut…

The following individuals must be joined as parties in a proceeding to adjudicate parentage: (1) the mother of the child; and (2) a man whose paternity of the child is to be adjudicated. History: (Act 2008-376, p. 666, §2.)

(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. (b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conse…

Venue for a proceeding to adjudicate parentage is in the county of this state in which: (1) the child resides; (2) the defendant resides; (3) a proceeding for probate or administration of the presumed or alleged father’s estate has been commenced; or (4) the plaintiff resides, on…

Acknowledged, or Adjudicated Father; Limitation for Child Support. (a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after: (1) the child becomes …

(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprov…

(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that: (1) the conduct of the mother or …

(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity may maintain a proceeding seeking to rescind the acknowledgment or challenge the paternity of the child only within the time allowed under Section 26- 17-307 or 26-17-308. (b) If a child has…

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: (1) service of process; (2) discovery; and (3) except as prohibited b…

(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article. (b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are no…

(a) In all proceedings under this chapter, any party may be represented by counsel. (b) Nothing contained in this chapter shall be construed so as to guarantee court- appointed counsel at the state’s expense to any party who is not otherwise entitled to court-appointed counsel un…

(a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects in writing to its admission within 14 days after its receipt by the objecting party and cites…

(a) A court order for genetic testing is enforceable by contempt. (b) If a party declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that party. (c) Genetic testing of the mother of a child is …

(a) A defendant in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a verified pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. (b) If the court finds that the admission o…

(a) In a proceeding under this article, upon a motion by a party the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning to have his paternity adju…

The court shall apply the following rules to adjudicate the paternity of a child: (1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or id…

The court, without a jury, shall adjudicate paternity of a child. History: (Act 2008-376, p. 666, §2.)

(a) On request of a party and for good cause shown, the court may close a proceeding under this article. (b) A court file in a proceeding under this article is available for public inspection unless sealed by an order of the court for good cause. History: (Act 2008-376, p. 666, §…

The court shall issue an order adjudicating the paternity of a man who: (1) after service of process, is in default; and (2) is found by the court to be the father of a child. History: (Act 2008-376, p. 666, §2.)

The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice. History: (A…

Support; Cost, Fees, and Expenses. (a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child. (b) An order adjudicating parentage must identify the child by name and date of birth, if known. (c) Except as otherwi…

(a) Except as otherwise provided in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional require…

Post judgment motions and hearings are governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, and the Alabama Rules of Juvenile Procedure. History: (Act 2008-376, p. 666, §2.)

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §7; Acts 1992, 2nd Ex. Sess., No. 92-714, p. 211, §1.)

This article does not apply to the birth of a child conceived by means of sexual intercourse. History: (Act 2008-376, p. 666, §2.)

A donor who donates to a licensed physician for use by a married woman is not a parent of a child conceived by means of assisted reproduction. A married couple who, under the supervision of a licensed physician, engage in assisted reproduction through use of donated eggs, sperm, …

If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 26-17-704, he is the father of a resulting child. History: (Act 2008-376, p. 666, §2.)

(a) Consent by a married woman to assisted reproduction for herself must be in a record signed by the woman and her husband and maintained by the assisting licensed physician. Consent by the husband of a married woman is not required for the donation of eggs by a married woman fo…

The husband of a wife who gives birth to a child by means of assisted reproduction may challenge his paternity of the child in the same manner as a presumed father under Section 26-17-607. History: (Act 2008-376, p. 666, §2.)

(a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur …