26-17-304
Section 26-17-304 Rules for acknowledgment of paternity. (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 use of video or audio equipment
and in writing, of the alternatives to, the legal consequences of, and, if one parent is a
minor, any rights afforded due to minority status, and the responsibilities that arise from
signing of the acknowledgment. (b) An acknowledgment of paternity takes effect upon the signature
of both the mother and putative father and the filing of the document with the Alabama Office
of Vital Statistics. (Act 2008-376, p. 666, §2.)...
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26-17-508
Section 26-17-508 Genetic testing when specimens not available. (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 specimens for genetic testing: (1)
the parents of the individual; (2) brothers and sisters of the individual; (3) other children
of the individual and their other parent; and (4) other relatives of the individual necessary
to complete genetic testing. (b) Issuance of an order under this section requires a finding
that a need for genetic testing outweighs the legitimate interests of the person sought to
be tested. (Act 2008-376, p. 666, §2.)...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (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 test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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26-17-302
Section 26-17-302 Execution of acknowledgment of paternity. (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 acknowledged: (A) does not
have a presumed father or the man executing the acknowledgment is the presumed father; and
(B) does not have another acknowledged or adjudicated father; (4) state whether there has
been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent
with the results of the testing; and (5) state that the signatories understand that the acknowledgment
shall be considered a legal finding of paternity of the child and that a challenge to the
acknowledgment is permitted only as provided in this chapter. (b) A presumed father may sign
an acknowledgment of paternity which must be notarized. (Act 2008-376,...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (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 disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action
only by clear and convincing evidence. In the event two or more conflicting presumptions arise,
that which is founded upon the weightier considerations of public policy and logic, as evidenced
by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing
paternity of the child by another man. (Act 2008-376, p. 666, §2.)...
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26-13-1
Section 26-13-1 When authorized; procedure generally. The several juvenile courts of the state
are authorized to relieve minors over 18 years of age from the disabilities of nonage in the
following cases and none other: (1) Whenever the father or the mother of such minor shall
file a petition with the court, in writing, requesting that such minor be relieved from the
disabilities of nonage, and the court shall be satisfied that it is to the best interest of
such minor. The parent filing such petition shall aver whether he or she is the guardian of
such minor. (2) Whenever any such minor, having no father, mother, or guardian, or if a parent
is living but is insane or has abandoned such minor for one year, shall file a petition with
the court to be relieved of the disabilities of nonage, and the court shall be satisfied that
it is to the interest of such minor. (3) Whenever any such minor, having no father or mother,
or if a parent is living but is insane or has abandoned such minor for...
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30-3-169.2
Section 30-3-169.2 Court order. (a) Where the ends of justice dictate, the court may grant
a temporary order restraining the change of principal residence of a child or ordering return
of a child to the former residence of the child if a change of principal residence has previously
taken place without compliance with this article, and may consider, among other factors, any
of the following: (1) The notice required by this article was not provided in a timely manner.
(2) The notice required by this article was not accurate or did not contain sufficient information
upon which a person receiving the notice could base an objection. (3) The child already has
been relocated without notice, agreement of the parties, or prior court approval. (4) The
likelihood that on final hearing the court will not approve the change of the principal residence
of the child. (b) The court may grant a temporary order permitting the change of principal
residence of a child and providing for a revised schedule...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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12-15-303
Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state.
(a) If a dependency proceeding is commenced in a county other than the county of the residence
of the child, the juvenile court in which the proceedings were commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding before or after adjudication to the county of the residence of the child for
the purpose of adjudication, disposition, supervision, or review as mandated by federal and
state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in
which the child and legal custodian have established legal residence or have resided for six
or more months of a calendar year. This term shall not include placements by a state department
or agency. (c) Certified copies of all legal and social...
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26-10A-5
Section 26-10A-5 Who may adopt. (a) Any adult person or husband and wife jointly who are adults
may petition the court to adopt a minor. (1) No rule or regulation of the Department of Human
Resources shall prevent an adoption by a person solely because the person is employed outside
the home, provided however, the Department of Human Resources may exercise sound discretion
in requiring the person to remain in the home with a minor for a reasonable period of time
when a particular minor requires the presence of that person to ensure his or her adjustment.
Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar
days. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent
an adoption by a single person solely because such person is single or shall prevent an adoption
solely because such person is of a certain age. (3) Provided however, in cases, where one
who purports to be the biological father marries the biological...
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