26-17-301
Section 26-17-301 Acknowledgment of paternity. 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.)...
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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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26-17-102
Section 26-17-102 Definitions. 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 who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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26-10C-1
Section 26-10C-1 Registration of putative fathers; notice of intent to claim paternity; release
of information. (a) The Department of Human Resources shall establish a putative father registry
which shall record the names, Social Security number, date of birth, and addresses of the
following: (1) Any person adjudicated by a court of this state to be the father of a child
born out of wedlock. (2) Any person who has filed with the registry before or after the birth
of a child born out of wedlock, a notice of intent to claim paternity of the child, which
includes the information required in subsection (c) below. (3) Any person adjudicated by a
court of another state or territory of the United States to be the father of a child born
out of wedlock, where a certified copy of the court order has been filed with the registry
by the person or any other person. (4) Any person who has filed with the registry an instrument
acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3,...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and 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 otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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26-17-608
Section 26-17-608 Estoppel to deny paternity. (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 the presumed or acknowledged father estops that party
from denying parentage; and (2) it would be inequitable to disprove the father-child relationship
between the child and the presumed or acknowledged father. (b) When determining whether to
deny the complaint, the court shall consider the following factors: (1) the length of time
between the proceeding to adjudicate parentage and the time that the presumed or acknowledged
father was placed on notice that he might not be the genetic father; (2) the length of time
during which the presumed or acknowledged father has assumed the role of father of the child;
(3) the facts surrounding the presumed or acknowledged...
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26-17-201
Section 26-17-201 Establishment of parent-child relationship. (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 between a man and a child by: (1) an
unrebutted presumption of the man's paternity of the child under Section 26-17-204; (2) an
effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment
has been rescinded or successfully challenged; (3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or (5) the man's having consented to assisted reproduction
by a woman under Article 7 which resulted in the birth of the child. (Act 2008-376, p. 666,
§2.)...
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26-17-204
Section 26-17-204 Presumption of paternity. (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 terminated by death, annulment, declaration
of invalidity, or divorce; (3) before the birth of the child, he and the mother of the child
married each other in apparent compliance with law, even if the attempted marriage is or could
be declared invalid, and the child is born during the invalid marriage or within 300 days
after its termination by death, annulment, declaration of invalidity, or divorce; (4) after
the child's birth, he and the child's mother have married, or attempted to marry, each other
by a marriage solemnized in apparent compliance with the law although the attempted marriage
is or could be declared invalid, and: (A) he has acknowledged his paternity...
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26-17-505
Section 26-17-505 Genetic testing results; rebuttal. (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 using the combined paternity index obtained
in the testing; and (2) a combined paternity index of at least 100 to 1. (b) A man identified
under subsection (a) as the father of the child may rebut the genetic testing results only
by other genetic testing satisfying the requirements of this article which: (1) excludes the
man as a genetic father of the child; or (2) identifies another man as the possible father
of the child. (c) Except as otherwise provided in Section 26-17-510, if more than one man
is identified by genetic testing as the possible father of the child, the court or the Alabama
Department of Human Resources pursuant to Section 30-3-197 shall order...
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26-17-631
Section 26-17-631 Rules for adjudication of paternity. 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 identifying another man as the father
of the child. (2) Unless the results of genetic testing are admitted to rebut other results
of genetic testing, a man identified as the father of a child under Section 26-17-505 must
be adjudicated the father of the child. (3) If the court finds that genetic testing under
Section 26-17-505 neither identifies nor excludes a man as the father of a child, the results
of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing,
a man excluded as the father of a child by genetic testing must be...
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