Code of Alabama

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26-17-315
Section 26-17-315 Hospital paternity acknowledgment program. (a) Hospitals that have a licensed
obstetric care unit or are licensed to provide obstetric services or licensed birthing centers
associated with a hospital shall provide to the mother and alleged father, if he is present
in the hospital, during the period immediately preceding or following the birth of a child
to an unmarried woman in the hospital, all of the following: (1) written materials about paternity
establishment; (2) form affidavits of paternity; (3) a written description of the rights and
responsibilities of acknowledging paternity; and (4) an opportunity, prior to discharge from
the hospital, to speak with a trained person made available through the Department of Human
Resources, either by telephone or in person, who can clarify information and answer questions
about paternity establishment. The Department of Human Resources shall make materials available
without cost to the hospitals. If the mother and father...
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22-9A-7
Section 22-9A-7 Registration of births. (a) A certificate of birth for each live birth that
occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed
by the State Registrar, within five days after the birth and shall be registered if it has
been completed and filed in accordance with this section. (b)(1) When a birth occurs in an
institution or en route to the institution, the person in charge of the institution or his
or her designated representative shall obtain the personal data, prepare the certificate,
secure the signatures required, and file the certificate as directed in subsection (a) or
as directed by the State Registrar within the required five days. The physician or other person
in attendance shall provide the medical information required by the certificate and certify
to the facts of birth within 72 hours after the birth. If the physician, or other person in
attendance, does not certify to the facts of birth within the 72-hour period,...
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26-17-304
Section 26-17-304 Rules for acknowledgment of paternity. (a) An acknowledgment of paternity
may be signed at the birth of the child or any time prior to the child's nineteenth birthday.
Before a mother and a putative father sign an acknowledgment of paternity, the mother and
putative father shall be given notice, orally or through the use of video or audio equipment
and in writing, of the alternatives to, the legal consequences of, and, if one parent is a
minor, any rights afforded due to minority status, and the responsibilities that arise from
signing of the acknowledgment. (b) An acknowledgment of paternity takes effect upon the signature
of both the mother and putative father and the filing of the document with the Alabama Office
of Vital Statistics. (Act 2008-376, p. 666, §2.)...
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26-17-313
Section 26-17-313 Release of information. The affidavit of paternity shall be considered a
confidential record and access shall be available in the same manner as birth records. The
affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall
be released by the Office of Vital Statistics to the Department of Human Resources upon request
by the department and payment of any fee required by the Office of Vital Statistics for the
purpose of child support enforcement or any other lawful purpose without the necessity of
a court order. (Act 2008-376, p. 666, §2.)...
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26-17-204
Section 26-17-204 Presumption of paternity. (a) A man is presumed to be the father of a child
if: (1) he and the mother of the child are married to each other and the child is born during
the marriage; (2) he and the mother of the child were married to each other and the child
is born within 300 days after the marriage is terminated by death, annulment, declaration
of invalidity, or divorce; (3) before the birth of the child, he and the mother of the child
married each other in apparent compliance with law, even if the attempted marriage is or could
be declared invalid, and the child is born during the invalid marriage or within 300 days
after its termination by death, annulment, declaration of invalidity, or divorce; (4) after
the child's birth, he and the child's mother have married, or attempted to marry, each other
by a marriage solemnized in apparent compliance with the law although the attempted marriage
is or could be declared invalid, and: (A) he has acknowledged his paternity...
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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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26-17-302
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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26-17-305
Section 26-17-305 Effect of acknowledgment of paternity. (a) Except as otherwise provided in
Sections 26-17-307 and 26-17-308, a valid acknowledgment of paternity filed with the Alabama
Office of Vital Statistics shall be considered a legal finding of paternity of a child and
confers upon the acknowledged father all of the rights and duties of a parent. (b) An acknowledgment
of paternity shall be a legally sufficient basis for establishing an obligation for child
support and for the expenses of the mother's pregnancy and confinement. (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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26-17-312
Section 26-17-312 Forms for acknowledgment. (a) To facilitate compliance with this article,
the Alabama Department of Human Resources shall prescribe forms for the acknowledgment of
paternity. The affidavit shall include the Social Security number and current address of each
parent, a listing of the rights and responsibilities of acknowledging paternity, including
the duty to financially support the child, and instruction for filing the affidavit with the
Office of Vital Statistics. (b) A valid acknowledgment of paternity is not affected by a later
modification of the prescribed form. (Act 2008-376, p. 666, §2.)...
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