Code of Alabama - Title 26: Infants and Incompetents - Chapter 17 - Alabama Uniform Parentage Act

• Section 26-17-1 Short title
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-2 Parent and child relationship - Defined
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-3 Parent and child relationship - Relationship not dependent upon marriage
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-4 Parent and child relationship - How established
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-5 Presumption of paternity; rebuttal
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-6 Action to determine father and child relationship
  Repealed by Act 2008-376, §1, effective January 1, 2009.
• Section 26-17-7 Style of proceedings; prosecution of proceedings
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-8 Limitation on liability for education and support; when action for purposes of support may be brought; rights of inheritance and succession
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-9 Nature of actions; rules of procedure; who may testify; other evidence; joinder; pleadings; enforcement of support under criminal code
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-10 Jurisdiction; venue; where complaint filed; process; conduct of hearing; jury
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-11 Parties; representation of minor child; aligning parties
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-12 Genetic tests; selection and compensation of experts; admissibility
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-13 Evidence relating to paternity; refusal to testify; immunity; evidence of intercourse with other men; medical and health care bills
  Repealed by Act 2008-376, §1, effective January 1, 2009.
• Section 26-17-14 Orders - Determinative for all purposes; provision for support; statement of jurisdiction in case of out-of-state service; new birth certificate; other provisions; how support to be paid; amount of support; proof required for support order
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-15 Orders - Enforcement
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-16 Promise to render support; stipulations barring paternity action
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-17 Right to counsel; representation of minors; fees, expenses, and costs
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-18 Action to declare mother and child relationship
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-19 Issuance and contents of new birth certificate; confidentiality of evidence and original birth certificate
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-20 Appeals
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-21 Artificial insemination
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Section 26-17-22 Hospital paternity acknowledgement program
  Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
• Article 1 General Provisions.
• Section 26-17-101 Short title
  This chapter may be cited as the Alabama Uniform Parentage Act (2008).
• 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...
• Section 26-17-103 Scope of chapter; choice of law
  (a) This chapter applies to determination of parentage in this state except for matters relating to legitimation and adoption. Nothing in this chapter supersedes or...
• Section 26-17-104 Court of this state
  A circuit or district court of this state or any other court of this state, as provided by law, shall have original jurisdiction to adjudicate...
• Section 26-17-105 Protection of participants
  Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individual...
• Section 26-17-106 Determination of maternity
  Provisions of this chapter relating to determinations of paternity apply to determinations of maternity.
• Article 2 Parent-child Relationship.
• 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...
• Section 26-17-202 No discrimination based on marital status
  A child born to parents who are not married to each other has the same rights under the law as a child born to parents...
• Section 26-17-203 Consequences of establishment of parentage
  Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of...
• 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...
• Article 3 Voluntary Acknowledgment of Paternity.
• Section 26-17-301 Acknowledgment of paternity
  The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent...
• 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...
• Section 26-17-303 Reserved
• 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...
• 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...
• Section 26-17-306 No filing fee
  The Alabama Office of Vital Statistics shall not charge for filing an acknowledgment of paternity.
• Section 26-17-307 Proceeding for rescission
  A signatory may rescind an acknowledgment of paternity only in a judicial proceeding before the earlier of: (1) sixty days after the effective date of...
• Section 26-17-308 Challenge after expiration of period for rescission
  (a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the...
• Section 26-17-309 Procedure for rescission or challenge
  (a) Every signatory to an acknowledgment of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment. (b) For the...
• Section 26-17-310 Ratification barred
  A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity filed under...
• Section 26-17-311 Full faith and credit
  A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if...
• 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...
• 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...
• Section 26-17-314 Reserved
• 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...
• Article 4 Registry of Paternity.
• Part 1 General Provisions.
• Section 26-17-401 Establishment of registry
  The law relating to a Putative Father's Registry is governed by Section 26-10C-1.
• Section 26-17-402 Reserved
• Section 26-17-403 Reserved
• Section 26-17-404 Reserved
• Part 2 Operation of registry.
• Section 26-17-411 Reserved
• Section 26-17-412 Reserved
• Section 26-17-413 Reserved
• Section 26-17-414 Reserved
• Section 26-17-415 Reserved
• Section 26-17-416 Reserved
• Part 3 Search of Registries.
• Section 26-17-421 Reserved
• Section 26-17-422 Reserved
• Section 26-17-423 Reserved
• Article 5 Genetic Testing.
• Section 26-17-501 Scope of article
  This article governs genetic testing of an individual to determine parentage, whether the individual: (1) voluntarily submits to testing; or (2) is tested pursuant to...
• Section 26-17-502 Order for testing
  (a) Except as otherwise provided in this article and Article 6, the court shall order the child and other designated individuals to submit to genetic...
• Section 26-17-503 Requirements for genetic testing
  (a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory...
• Section 26-17-504 Report of genetic testing
  (a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A...
• 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...
• 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...
• Section 26-17-507 Additional genetic testing
  The court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order additional genetic testing upon the request of a party who...
• Section 26-17-508 Genetic testing when specimens not available
  (a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a...
• Section 26-17-509 Deceased individual
  For good cause shown, the court may order genetic testing of a deceased individual.
• Section 26-17-510 Identical brothers
  (a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly...
• Section 26-17-511 Confidentiality of genetic testing
  An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a...
• Article 6 Proceeding to Adjudicate Parentage.
• Part 1 Nature of Proceeding.
• Section 26-17-601 Proceeding authorized
  (a) A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Alabama Rules of Civil Procedure...
• Section 26-17-602 Standing to maintain proceeding
  Subject to Article 3 and Sections 26-17-607 and 26-17-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2) the mother of...
• Section 26-17-603 Parties to proceeding
  The following individuals must be joined as parties in a proceeding to adjudicate parentage: (1) the mother of the child; and (2) a man whose...
• Section 26-17-604 Personal jurisdiction
  (a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual. (b) A court of this...
• Section 26-17-605 Venue
  Venue for a proceeding to adjudicate parentage is in the county of this state in which: (1) the child resides; (2) the defendant resides; (3)...
• 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...
• Section 26-17-607 Action to disprove parentage when there is a presumed father
  (a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. If the presumed father...
• 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...
• 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...
• Section 26-17-610 Reserved
• Section 26-17-611 Proceeding before birth
  A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the...
• Section 26-17-612 Child as party; representation
  (a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article. (b) The court shall appoint...
• Section 26-17-613 Right to counsel; fees, expenses, and costs
  (a) In all proceedings under this chapter, any party may be represented by counsel. (b) Nothing contained in this chapter shall be construed so as...
• Part 2 Special Rules for Proceeding to Adjudicate Parentage.
• Section 26-17-621 Admissibility of results of genetic testing; expenses
  (a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted...
• Section 26-17-622 Consequences of declining genetic testing
  (a) A court order for genetic testing is enforceable by contempt. (b) If a party declines to submit to genetic testing ordered by the court,...
• Section 26-17-623 Admission of paternity authorized
  (a) A defendant in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a verified pleading to that effect...
• 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...
• Part 3 Hearings and Adjudication.
• 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...
• Section 26-17-632 Jury prohibited
  The court, without a jury, shall adjudicate paternity of a child.
• Section 26-17-633 Hearings; inspection of records
  (a) On request of a party and for good cause shown, the court may close a proceeding under this article. (b) A court file in...
• Section 26-17-634 Order on default
  The court shall issue an order adjudicating the paternity of a man who: (1) after service of process, is in default; and (2) is found...
• Section 26-17-635 Dismissal for want of prosecution
  The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for...
• 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)...
• 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...
• Section 26-17-638 Post judgment motions and hearings
  Post judgment motions and hearings are governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, and the Alabama Rules of...
• Article 7 Child of Assisted Reproduction.
• Section 26-17-701 Scope of article
  This article does not apply to the birth of a child conceived by means of sexual intercourse.
• Section 26-17-702 Parental status of donor
  A donor who donates to a licensed physician for use by a married woman is not a parent of a child conceived by means of...
• 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...
• 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...
• 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...
• Section 26-17-706 Effect of dissolution of marriage
  (a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless...
• Section 26-17-707 Parental status of deceased spouse
  If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased...
• Article 8 Gestational Agreement.
• Section 26-17-801 Reserved
• Article 9 Miscellaneous Provisions.
• Section 26-17-901 Uniformity of application and construction
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 26-17-902 Severability clause
  If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or...
• Section 26-17-903 Time of taking effect
  This chapter takes effect on January 1, 2009.
• Section 26-17-904 Transitional provision
  A proceeding to adjudicate parentage which was commenced before January 1, 2009, is governed by the law in effect at the time the proceeding was
• Section 26-17-905 Orders - Enforcement
  Pursuant to the Uniform Enforcement of Foreign Judgments Act, Sections 6-9-230 et seq., a court in this state shall give full faith and credit to...

Last modified: May 3, 2021