26-17-622
Section 26-17-622 Consequences of declining genetic testing. (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 not a condition precedent to
testing the child and a man whose paternity is being determined. If the mother is unavailable
or declines to submit to genetic testing, the court may order the testing of the child and
every man whose paternity is being adjudicated. (Act 2008-376, p. 666, §2.)...
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26-17-624
Section 26-17-624 Temporary order. (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 adjudicated; (3) identified as the father through genetic testing under
Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5)
shown by clear and convincing evidence to be the father of the child; or (6) the mother of
the child. (b) A temporary order may include provisions for custody and visitation as provided
by other law of this state. (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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30-3D-401
Section 30-3D-401 Establishment of support order. (a) If a support order entitled to recognition
under this chapter has not been issued, a responding tribunal of this state with personal
jurisdiction over the parties may issue a support order if: (1) the individual seeking the
order resides outside this state; or (2) the support enforcement agency seeking the order
is located outside this state. (b) The tribunal may issue a temporary child-support order
if the tribunal determines that such an order is appropriate and the individual ordered to
pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing; (4) an alleged father who
has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be
the father of the child; (6) an acknowledged father as provided by Section 26-17-101 et seq.;
(7) the mother of the child; or (8) an individual who has been ordered to pay...
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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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26-17-636
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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26-17-510
Section 26-17-510 Identical brothers. (a) The court may order genetic testing of a brother
of a man identified as the father of a child if the man is commonly believed to have an identical
brother and evidence suggests that the brother may be the genetic father of the child. (b)
If each brother satisfies the requirements as the identified father of the child under Section
26-17-505 without consideration of another identical brother being identified as the father
of the child, the court may rely on nongenetic evidence to adjudicate which brother is the
father of the child. (Act 2008-376, p. 666, §2.)...
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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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26-17-502
Section 26-17-502 Order for testing. (a) Except as otherwise provided in this article and Article
6, the court shall order the child and other designated individuals to submit to genetic testing
if the request for testing is made by a party to the proceeding, the Alabama Department of
Human Resources, or the representative of the child. (b) The Alabama Department of Human Resources
may order genetic testing only in accordance with Section 30-3-197(a)(1). (c) If a request
for genetic testing of a child is made before birth, the court or the Alabama Department of
Human Resources may not order in-utero testing. (d) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or sequentially. (Act 2008-376, p.
666, §2.)...
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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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