Establishing Paternity in Alabama: A Comprehensive Guide
Methods for Establishing Paternity in Alabama
Voluntary Paternity Agreement
Voluntary paternity is the simplest method, where both parents agree to sign a form establishing the legal father of the child. This agreement allows the father's name to be added to the child's birth certificate.
Administrative Proceeding or Court Order
If there is a dispute about the father's identity, an administrative proceeding or court order can be sought. The Alabama Department of Human Resources can order a DNA test. If conclusive, the parties file a petition with an Alabama court for an official paternity order.
Court Proceeding
If one party refuses administrative proceedings and DNA testing, the matter can proceed directly to a court proceeding. The court can compel genetic testing, usually resolving the case efficiently without going to trial.
When Paternity is Automatically Established
Alabama presumes paternity when a father is married to the mother, and the child is born during the marriage or within 300 days after a divorce. This presumption grants rights and responsibilities, including child support obligations. However, it can be challenged through court action until the child is 19 years old or the father's death.
Who Can Challenge Paternity or Initiate a Paternity Action?
In Alabama, various individuals and state agencies can initiate a paternity action, even if a legal father is listed on the birth certificate. This includes:
The mother of the child
The putative father, whether identified or claiming to be the father
Authorized adoption agencies
Alabama’s Department of Human Resources
Legal representatives of individuals unable to challenge paternity due to death, incapacity, or being underage
Anyone with a direct interest in the child's parentage not falling into the above categories
Frequently Asked Questions
Can paternity be challenged after the child turns 19?
Yes, paternity can be challenged by an interested party until the child is 19 years old.
How is paternity contested when there is a presumption?
Paternity with a presumption can be challenged through court action.
Who can start a paternity action if the legal father is listed on the birth certificate?
Various individuals and state agencies, including the mother, putative father, adoption agencies, Alabama’s Department of Human Resources, licensed child-placement agencies, and legal representatives, can initiate a paternity action.
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