Code of Alabama

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26-17-705
Section 26-17-705 Limitation on husband's dispute of paternity. 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. (Act 2008-376, p. 666, §2.)...

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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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26-17-703
Section 26-17-703 Husband's paternity of child of assisted reproduction. 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. (Act 2008-376, p. 666, §2.)...
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26-17-609
Section 26-17-609 Limitation: Child having acknowledged. (a) If a child has an acknowledged
father, a signatory to the acknowledgment of paternity may maintain a proceeding seeking to
rescind the acknowledgment or challenge the paternity of the child only within the time allowed
under Section 26-17-307 or 26-17-308. (b) If a child has an acknowledged father, an individual,
who is not a signatory to the acknowledgment of paternity and who seeks an adjudication of
paternity of the child may maintain a proceeding at any time after the effective date of the
acknowledgment if the court determines that it is in the best interest of the child. (Act
2008-376, p. 666, §2.)...
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26-17-704
Section 26-17-704 Consent to assisted reproduction. (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 for assisted reproduction by another woman. (b)
Failure of the husband to sign a consent required by subsection (a), before or after birth
of the child, does not preclude a finding that the husband is the father of the child born
to his wife if the wife and husband openly held out the child as their own. (c) The consent
of a spouse to assisted reproduction may be withdrawn by that individual at anytime before
placement of the donated eggs, sperm, or embryos. The withdrawal must be in a signed record
maintained by the licensed assisting physician. (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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26-17-606
Section 26-17-606 No limitation to adjudicate parentage for a child having no presumed, acknowledged,
or adjudicated father; limitation for child support. (a) Except as provided in subsection
(b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged,
or adjudicated father may be commenced at any time, even after: (1) the child becomes an adult,
but only if the child initiates the proceeding; or (2) an earlier proceeding to adjudicate
paternity has been dismissed based on the application of a statute of limitation then in effect.
(b) An action to determine paternity for the purposes of obtaining support shall not be brought
after the child obtains age 19, unless otherwise provided by law. (Act 2008-376, p. 666, §2.)...

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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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26-17-302
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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26-17-637
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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