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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26-17-636
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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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state. (c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
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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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26-17-608
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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26-17-624
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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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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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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