26-17-637
Section 26-17-637 Binding effect of determination of parentage. (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 requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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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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26-17-623
Section 26-17-623 Admission of paternity authorized. (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 of paternity satisfies the requirements of this
section and finds that there is no reason to question the admission, the court shall issue
an order adjudicating the child to be the child of the man admitting paternity. (Act 2008-376,
p. 666, §2.)...
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26-17-605
Section 26-17-605 Venue. 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, only if the circumstances in subdivisions (1), (2), or (3) do not
apply. (Act 2008-376, p. 666, §2.)...
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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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26-17-601
Section 26-17-601 Proceeding authorized. (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 agreement that seek to bar a paternity action are not enforceable.
(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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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-17-309
Section 26-17-309 Procedure for rescission or challenge. (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 by signing the acknowledgment, effective upon
the filing of the document with the Alabama Office of Vital Statistics. (c) Except for good
cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment
of paternity, the court may not suspend the legal responsibilities of a signatory arising
from the acknowledgment, including the duty to pay child support. (d) A judicial proceeding
to rescind or challenge an acknowledgment of paternity must be conducted in the same manner
as a proceeding to adjudicate parentage under Article 6. (e) At the conclusion of a proceeding
to rescind or challenge an acknowledgment of paternity, the...
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26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding
the provisions of Section 26-10A-7, the consent or relinquishment of the following persons
shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee
have been terminated by operation of law in accordance with the Alabama Child Protection Act,
Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant
to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing
and whose mental disability is likely to continue for so long a period that it would be detrimental
to the adoptee to delay adoption until restoration of the parent's competency or capacity.
The court must appoint independent counsel or a guardian ad litem for an incompetent parent
for whom there has been no such prior appointment; (3) A parent who has relinquished his or
her minor child to the Department of Human Resources or a...
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