How do I establish paternity in Alabama?

Alabama adopted the 2002 Uniform Parentage Act in 2008, codified at Ala. Code Title 26, Chapter 17.

1. Affidavit of Paternity

The Alabama Department of Public Health (ADPH) Affidavit of Paternity is signed by both parents at the hospital or later through ADPH Center for Health Statistics or a county DHR office, and filed with ADPH. Under Ala. Code § 26-17-305(a) the affidavit "is equivalent to an adjudication of the paternity of the child and confers upon the acknowledged father all of the rights and duties of a parent." Either signer may rescind within the earlier of 60 days or the date of an administrative or judicial proceeding (§ 26-17-307). After that, challenges are limited to fraud, duress, or material mistake of fact and must be brought within 2 years (§ 26-17-308).

2. Court-Ordered Paternity

A paternity action under Ala. Code § 26-17-601 may be filed by the child, mother, alleged father, support-enforcement agency, or representative in the juvenile court of the county where the child resides. Under Ala. Code § 26-17-502 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on a sworn allegation; a 99% probability creates a presumption of paternity (§ 26-17-505).

3. Presumption of Paternity

Under Ala. Code § 26-17-204(a) a man is presumed the father if married to the mother at birth or within 300 days before, married after birth and acknowledged paternity, or resided with the child for the first 2 years and openly held the child out as his own. A presumption may be rebutted only by adjudication under Article 6 (§ 26-17-204(b)); a marital-presumption challenge generally must be filed within 2 years of birth (§ 26-17-607).

4. Effects of Establishing Paternity

Triggers child support under Ala. R. Jud. Admin. 32 and Ala. Code § 30-3, opens custody and visitation under Ala. Code § 30-3-1, vests intestate inheritance under § 43-8-48, and supports a birth-certificate amendment via ADPH Vital Records.

5. Special Situations

Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under § 26-17-702. Gestational-agreement parentage is validated under Subchapter 8 of the UPA. Alabama recognizes posthumous paternity (§ 26-17-509).

This is legal information, not legal advice.