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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26-17-631
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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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms shall
have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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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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26-10A-5
Section 26-10A-5 Who may adopt. (a) Any adult person or husband and wife jointly who are adults
may petition the court to adopt a minor. (1) No rule or regulation of the Department of Human
Resources shall prevent an adoption by a person solely because the person is employed outside
the home, provided however, the Department of Human Resources may exercise sound discretion
in requiring the person to remain in the home with a minor for a reasonable period of time
when a particular minor requires the presence of that person to ensure his or her adjustment.
Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar
days. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent
an adoption by a single person solely because such person is single or shall prevent an adoption
solely because such person is of a certain age. (3) Provided however, in cases, where one
who purports to be the biological father marries the biological...
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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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26-17-624
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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22-9A-12
Section 22-9A-12 New birth certificate upon adoption, legitimation, or paternity determination;
availability of original certificate; contact preference form. (a) The State Registrar shall
establish a new certificate of birth for a person born in this state upon receipt of any of
the following: (1) A report of adoption as provided in Section 22-9A-11 or a report of adoption
prepared and filed in accordance with the laws of another state, the District of Columbia,
a territory of the United States, or a foreign country, or a certified copy of the decree
of adoption, together with the information necessary to identify the original certificate
of birth and to establish a new certificate of birth. A new certificate of birth shall not
be established if so requested by the court decreeing the adoption. (2) A request that a new
certificate be established upon completion of the legitimation procedure specified in Sections
26-11-2 and 26-17-6. If the name of another man is shown as the father of...
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26-17-506
Section 26-17-506 Costs of genetic testing. (a) Subject to assessment of costs under Article
6, the cost of initial genetic testing must be advanced: (1) by the Alabama Department of
Human Resources in a proceeding in which the Alabama Department of Human Resources is providing
services, except when alternative arrangements have been made between the Alabama Department
of Human Resources and the testing laboratory; (2) by the individual who made the request;
(3) as agreed by the parties; or (4) as ordered by the court. (b) If paternity is established
and the cost of the genetic test was paid for by the Alabama Department of Human Resources,
the department may seek recoupment of the cost for the genetic test from the alleged father
who denied paternity. (Act 2008-376, p. 666, §2.)...
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