Title 26 — Title 26

0 chapters · 758 sections in this title.

109 sectionsFiltered byTitle 26 Ch 17

Ala. Code § 26-17-1 Short Title
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §1.)
Ala. Code § 26-17-10 Jurisdiction; Venue; Where Complaint Filed; Process; Conduct of
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Hearing; Jury. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §10; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-245, p. 398, §2; Acts 1997, No. 97-447, p. 772, §11.)
Ala. Code § 26-17-101 Short Title
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This chapter may be cited as the Alabama Uniform Parentage Act (2008). History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-102 Definitions
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In this chapter: (1) “Acknowledged father” means a man who has established a father-child relationship under Article 3. (2) “Adjudicated father” means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. (3) “Alleged father” means a man…
Ala. Code § 26-17-103 Scope of Chapter; Choice of Law
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(a) This chapter applies to determination of parentage in this state except for matters relating to legitimation and adoption. Nothing in this chapter supersedes or modifies Alabama law regarding the requirements contained in Section 26-10C-1. (b) The court shall apply the law of…
Ala. Code § 26-17-104 Court of This State
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A circuit or district court of this state or any other court of this state, as provided by law, shall have original jurisdiction to adjudicate parentage pursuant to this chapter and may determine issues of custody, support, and visitation incidental to a determination of parentag…
Ala. Code § 26-17-105 Protection of Participants
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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…
Ala. Code § 26-17-106 Determination of Maternity
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Provisions of this chapter relating to determinations of paternity apply to determinations of maternity. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-11 Parties; Representation of Minor Child; Aligning Parties
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §11.)
Ala. Code § 26-17-12 Genetic Tests; Selection and Compensation of Experts; Admissibility
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §12; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11.)
Ala. Code § 26-17-13 Evidence Relating to Paternity; Refusal to Testify; Immunity; Evidence
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of Intercourse with Other Men; Medical and Health Care Bills. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §13; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11.)
Ala. Code § 26-17-14 Orders - Determinative for All Purposes; Provision for Support;
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Statement of Jurisdiction in Case of Out-of-State Service; New Birth Certificate; Other Provisions; How Support to Be Paid; Amount of Support; Proof Required for Support Order. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 37…
Ala. Code § 26-17-15 Orders - Enforcement
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §15; Acts 1994, No. 94-705, p. 1362, §1.)
Ala. Code § 26-17-16 Promise to Render Support; Stipulations Barring Paternity Action
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §16.)
Ala. Code § 26-17-17 Right to Counsel; Representation of Minors; Fees, Expenses, and
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Costs. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §17.)
Ala. Code § 26-17-18 Action to Declare Mother and Child Relationship
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §18.)
Ala. Code § 26-17-19 Issuance and Contents of New Birth Certificate; Confidentiality of
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Evidence and Original Birth Certificate. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §19.)
Ala. Code § 26-17-2 Parent and Child Relationship - Defined
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §2.)
Ala. Code § 26-17-20 Appeals
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §20; Acts 1997, No. 97-447, p. 772, §11.)
Ala. Code § 26-17-201 Establishment of Parent-Child Relationship
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(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…
Ala. Code § 26-17-202 No Discrimination Based on Marital Status
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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. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-203 Consequences of Establishment of Parentage
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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. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-204 Presumption of Paternity
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(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 …
Ala. Code § 26-17-21 Artificial Insemination
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §21.)
Ala. Code § 26-17-22 Hospital Paternity Acknowledgement Program
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1994, No. 94-705, p. 1362, §2; Acts 1997, No. 97-447, p. 772, §11.)
Ala. Code § 26-17-3 Parent and Child Relationship - Relationship Not Dependent Upon
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Marriage. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §3.)
Ala. Code § 26-17-301 Acknowledgment of Paternity
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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. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-302 Execution of Acknowledgment of Paternity
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(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…
Ala. Code § 26-17-303 Reserved
Ala. Code § 26-17-304 Rules for Acknowledgment of Paternity
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(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 …
Ala. Code § 26-17-305 Effect of Acknowledgment of Paternity
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(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…
Ala. Code § 26-17-306 No Filing Fee
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The Alabama Office of Vital Statistics shall not charge for filing an acknowledgment of paternity. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-307 Proceeding for Rescission
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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…
Ala. Code § 26-17-308 Challenge After Expiration of Period for Rescission
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(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…
Ala. Code § 26-17-309 Procedure for Rescission or Challenge
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(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…
Ala. Code § 26-17-310 Ratification Barred
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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. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-311 Full Faith and Credit
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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. History: (Act 2008-376, p. 66…
Ala. Code § 26-17-312 Forms for Acknowledgment
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(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…
Ala. Code § 26-17-313 Release of Information
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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…
Ala. Code § 26-17-314 Reserved
Ala. Code § 26-17-315 Hospital Paternity Acknowledgment Program
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(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…
Ala. Code § 26-17-4 Parent and Child Relationship - How Established
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Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §4.)
Ala. Code § 26-17-401 Establishment of Registry
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The law relating to a Putative Father’s Registry is governed by Section 26-10C-1. History: (Act 2008-376, p. 666, §2.)
Ala. Code § 26-17-402 Reserved
Ala. Code § 26-17-403 Reserved
Ala. Code § 26-17-404 Reserved
Ala. Code § 26-17-411 Reserved
Ala. Code § 26-17-412 Reserved
Ala. Code § 26-17-413 Reserved
Ala. Code § 26-17-414 Reserved