Title 26 — Title 26

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 …

If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after deat…

Purposes of Support May Be Brought; Rights of Inheritance and Succession. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §8.)

Evidence; Joinder; Pleadings; Enforcement of Support Under Criminal Code. Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009. History: (Acts 1984, No. 84-244, p. 375, §9.)

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2008-376, p. 666, §2.)

If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provis…

This chapter takes effect on January 1, 2009. History: (Act 2008-376, p. 666, §2.)

A proceeding to adjudicate parentage which was commenced before January 1, 2009, is governed by the law in effect at the time the proceeding was commenced. History: (Act 2008-376, p. 666, §2.)

Pursuant to the Uniform Enforcement of Foreign Judgments Act, Sections 6-9-230 et seq., a court in this state shall give full faith and credit to a paternity determination of any other state whether established through a voluntary acknowledgment, an administrative process, or a j…

(a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific…

In any decree setting aside an order of paternity pursuant to this chapter, there shall be no claim for damages against the court rendering the initial order of paternity nor any reimbursement or recoupment of money or damages against the mother, the state, or any employee or age…

Repealed by Act 2008-277, §30, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §1.)

Adoption. Amended and renumbered as Section 12-15-322 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §10.)

Renumbered as Section 12-15-324 by Act 2008-277, §19, effective January 1, 2009. History: (Act 98-370, p. 670, §2.)

Repealed by Act 2008-277, §30, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §2.)

Repealed by Act 2008-277, §30, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §3.)

Ability to Assume Custody of Child. Repealed by Act 2008-277, §30, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §4.)

Amended and renumbered as Section 12-15-317 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1.)

Amended and renumbered as Section 12-15-318 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1.)

Presumption Arising from Abandonment. Amended and renumbered as Section 12-15-319 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §7; Act 97-851, p. 138, §1; Act 98-370, p. 670, §1.)

Amended and renumbered as Section 12-15-320 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §8.)

Another After Parental Rights Terminated. Amended and renumbered as Section 12-15-321 by Act 2008-277, §19, effective January 1, 2009. History: (Acts 1984, No. 84-261, p. 442, §9.)

For purposes of this chapter, the following words shall have the meanings ascribed, unless the context clearly indicates otherwise: (1) ACMEC. The Alabama Center for Missing and Exploited Children created by this chapter within the department. (2) CJIC. The Criminal Justice Infor…

When Missing School Child Found. Every public school system in this state shall notify the Department of Education and ACMEC immediately with respect to any child whose name appears on the department’s list of missing school children who is subsequently found. History: (Acts 1985…

Purpose. There is created within the Alabama State Law Enforcement Agency a statewide information and investigation center for the reporting by law enforcement agencies and other agencies and persons of missing persons, exploited children, and unidentified deceased persons. The c…

The Secretary of the Alabama State Law Enforcement Agency is required to establish the Alabama Center for Missing and Exploited Children within the department, and for any purposes, may transfer or assign existing personnel within the department and may hire additional technical,…

ACMEC shall be responsible for the following specific functions: (1) To receive and promptly enter into the Alabama State Law Enforcement Agency’s computer system all reports of law enforcement agencies, and other persons and agencies, of missing children and adults, exploited ch…