Title 26

Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, Soc…

Provisions of this chapter relating to determinations of paternity apply to determinations of maternity. (Act 2008-376, p. 666, §2.)

(a) The mother-child relationship may be established between a woman and a child by: (1) the woman’s having given birth to the child; (2) an adjudication of the woman’s maternity; or (3) adoption of the child by the woman. (b) The father-child relationship may be established betw…

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. (Act 2008-376, p. 666, §2.)

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state. (Act 2008-376, p. 666, §2.)

(a) A man is presumed to be the father of a child if: (1) he and the mother of the child are married to each other and the child is born during the marriage; (2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is …

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity. (Act 2008-376, p. 666, §2.)

(a) An acknowledgment of paternity must: (1) be in a record filed with the Alabama Office of Vital Statistics; (2) be signed, and notarized, under penalty of perjury by the mother and by the man seeking to establish his paternity; (3) state that the child whose paternity is being…

(a) An acknowledgment of paternity may be signed at the birth of the child or any time prior to the child’s nineteenth birthday. Before a mother and a putative father sign an acknowledgment of paternity, the mother and putative father shall be given notice, orally or through the …

(a) Except as otherwise provided in Sections 26-17-307 and 26-17-308, a valid acknowledgment of paternity filed with the Alabama Office of Vital Statistics shall be considered a legal finding of paternity of a child and confers upon the acknowledged father all of the rights and d…

The Alabama Office of Vital Statistics shall not charge for filing an acknowledgment of paternity. (Act 2008-376, p. 666, §2.)

A signatory may rescind an acknowledgment of paternity only in a judicial proceeding before the earlier of: (1) sixty days after the effective date of the acknowledgment, as provided in Section 26-17-304; or (2) the date of the first hearing, in a proceeding to which the signator…

(a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only: (1) on the basis of fraud, duress, or material mistake of fact; or (2) in the same manner as prov…

(a) Every signatory to an acknowledgment of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment. (b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity, a signatory submits to personal jurisdiction of this state…

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity filed under this chapter. (Act 2008-376, p. 666, §2.)

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. (Act 2008-376, p. 666, §2.)

(a) To facilitate compliance with this article, the Alabama Department of Human Resources shall prescribe forms for the acknowledgment of paternity. The affidavit shall include the Social Security number and current address of each parent, a listing of the rights and responsibili…

The affidavit of paternity shall be considered a confidential record and access shall be available in the same manner as birth records. The affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall be released by the Office of Vital Statistics…

(a) Hospitals that have a licensed obstetric care unit or are licensed to provide obstetric services or licensed birthing centers associated with a hospital shall provide to the mother and alleged father, if he is present in the hospital, during the period immediately preceding o…

The law relating to a Putative Father’s Registry is governed by Section 26-10C-1. (Act 2008-376, p. 666, §2.)

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. (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. (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…

(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. (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…

(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 an adult, but only if the child initiates the proceeding; or (2) an…

(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 und…

(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…