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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