Alabama Paternity Law


Paternity – General – Alabama

Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Alabama, but does include basic and other provisions.

What is an action for “Paternity or Parentage”? An action filed under the Uniform Parentage Act is called a “paternity” case. The goal of a paternity case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child.

When may an action for Paternity be brought in Alabama under the Uniform Parentage Act? If any of the children was conceived in Alabama or any of the presumed or alleged fathers reside in Alabama then you may proceed under the UPA and all proceedings take place in the Alabama courts.

Where may an action for Paternity be filed in the State of Alabama An action brought under the Alabama Uniform Parentage Act may be brought in the county in which the child resides, the mother resides, or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. It may also be brought in the county where the plaintiff resides if the mother, child, or alleged father don’t reside in the state.

Who may bring an action or parentage? A child, or guardian ad litem of the child, the child’s natural mother, whether married or unmarried at the time the child was conceived, or her personal representative or parent if the mother has died; or a man alleged or alleging himself to be the natural father, or his personal representative or parent if the father has died; or a presumed father as defined in the Act, or his personal representative or parent if the presumed father has died; or the child support enforcement agency, may bring an action for the purpose of declaring the existence or nonexistence of the father and child relationship.

Who represents the interests of the child(ren)? The child may be made a party to the action and may be represented by the child’s general guardian or a guardian ad litem appointed by the court. The child’s mother or father shall not represent the child as guardian or otherwise.

Are there time limits to the filing of an action to establish parentage? (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 commenced at any time, even after:

(1) the child becomes an adult, but only if the child initiates the proceeding; or

(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

(b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law.

A presumed father may bring an action to disprove paternity at any time.

What are the jurisdictional prerequisites to filing an action for parentage in the Alabama courts? The jurisdiction of the juvenile or family court division of the district or circuit is very broad. Basically, A person who resides in the State of Alabama or has sexual intercourse in the State of Alabama thereby submits to the jurisdiction of the courts of the State of Alabama as to an action for paternity brought under this chapter with respect to a child who may have been conceived by that act of intercourse.

Under what circumstances are certain individuals “presumed” to be the father of the minor child(ren)? A man is presumed to be the natural father of a child if:

1. The child is born within 300 days of the termination of a valid marriage or a marriage that was, in fact, invalid but the parties were acting as though the marriage was valid.

2. After the child’s birth, the father and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, either, (a) the father acknowledged his paternity of the child in writing filed with the department of health; or (b) with his consent, he is named as the child’s father on the child’s birth certificate; or (c) the father is obligated to support the child under a written voluntary promise or by court order; or (d), while the child is under the age of majority, the alleged father receives the child into his home and openly holds out the child as his natural child; or (e), parentage is established by genetic testing; or (f) the father executes a voluntary, written acknowledgment of paternity of the child signed by him under oath which is filed with the department of health.

If an action to determine parentage is filed, can the Petitioner and custodial parent receive court ordered support prior to the actual determination of parentage? Yes,if appropriate, the court may order temporary support payments from a presumed father of the child, a man petitioning to have his paternity adjudicated, a man identified as the father through genetic testing, an alleged father who has declined to submit to genetic testing, shown by clear and convincing evidence to be the father of the child, or the mother of the child.

Will the parties be required to submit to genetic testing? The court will order the child and other designated individuals to submit to genetic testing if the request for testing is made by a party to the proceeding, the Alabama Department of Human Resources, or the representative of the child. If a request for genetic testing of a child is made before birth, the court or the Alabama Department of Human Resources may not order in-utero testing.

Who performs the genetic tests? The laboratory performing the testing shall be one approved by the American Association of Blood Banks American Society for Histocompatibility and Immunogenetics, or their successors, or an accreditation body designated by the United States Secretary of Health and Human Services.

If a man is determined to be the father of the child(ren), is he obligated to support the child? He would then have the same duty to support the minor child as he would and child he fathered where the issue of parentage was not raised.

If an action to determine parentage is filed and it is determined that a certain individual is the father of the minor child(ren) and that determination contradicts the child’s birth certificate will the birth certificate be changed? Yes, upon the order of a court in Alabama, or any other state, a new birth certificate will be issued reflecting the father as established in the court order.

Can this procedure be used to establish the mother – child relationship? Yes, any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship.

Procedures:

The process for determining parentage in the State of Alabama begins with the filing of the Petition. The Respondent is then served with a copy of the Petition and a Summons. The Summons informs the Respondent of the action and Respondent’s duty to respond to the allegations of the Petition.

In most cases, after service of process, the court will hold a Pretrial Hearing. This Pretrial Hearing is informal and the public is generally barred. the judge conducting the hearing will evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following: (1) That the action be dismissed with or without prejudice; (2) That the matter be compromised by an agreement among the alleged father, the mother, and the child; (3) That the alleged father voluntarily acknowledge his paternity of the child.

If a party refuses to accept one of the above recommendations and genetic tests, including blood tests have not been taken, the court shall require the parties to submit to genetic tests, if practicable. Thereafter the judge shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial.

Statutes:

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

Short title.
This chapter shall be known and may be cited as the Alabama Uniform Parentage Act.

SECTION 26-17-102. DEFINITIONS. In this act:

(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 parentage may be

determined under this act.

(6) “Commence” means to file the initial pleading seeking an adjudication

of parentage in the appropriate court of this state.

(7) “Determination of parentage” means the establishment of the

parent-child relationship by the execution of a valid acknowledgment of

paternity under Article 3 or adjudication by the court.

(8) “Donor” means an individual who produces eggs or sperm used for

assisted reproduction, whether or not for consideration. The term does not

include:

(A) a husband who provides sperm, or a wife who provides eggs, to be used

for assisted reproduction by the wife;

(B) a woman who gives birth to a child by means of assisted reproduction;

or

(C) a parent under Article 7.

(9) “Ethnic or racial group” means, for purposes of genetic testing, a

recognized group that an individual identifies as all or part of the

individual’s ancestry or that is so identified by other information.

(10) “Genetic testing” means an analysis of genetic markers to exclude or

identify a man as the father or a woman as the mother of a child. The term

includes an analysis of one or a combination of the following:

(A) deoxyribonucleic acid; and

(B) blood-group antigens, red-cell antigens, human-leukocyte antigens,

serum enzymes, serum proteins, or red-cell enzymes.

(11) “Gestational mother” means a woman who gives birth to a child.

(12) “Intended parents” means husbands and wives who enter into an

agreement providing that they will be the parents of a child born to a

gestational mother by means of assisted reproduction, whether or not either

of them has a genetic relationship with the child.

(13) “Man” means a male individual of any age.

(14) “Parent” means an individual who has established a parent-child

relationship under Section 26-17-201.

(15) “Parent-child relationship” means the legal relationship between a

child and a parent of the child. The term includes the mother-child

relationship and the father-child relationship.

(16) “Paternity index” means the likelihood of paternity calculated by

computing the ratio between:

(A) the likelihood that the tested man is the father, based on the genetic

markers of the tested man, mother, and child, or the tested man and child,

conditioned on the hypothesis that the tested man is the father of the child;

and

(B) the likelihood that the tested man is not the father, based on the

genetic markers of the tested man, mother, and child, or the tested man and

child, conditioned on the hypothesis that the tested man is not the father of

the child and that the father is of the same ethnic or racial group as the

tested man.

(17) “Presumed father” means a man who, by operation of law under Section

26-17-204, is recognized as the father of a child until that status is

rebutted or confirmed in a judicial proceeding.

(18) “Probability of paternity” means the measure, for the ethnic or

racial group to which the alleged father belongs, of the probability that the

man in question is the father of the child, compared with a random, unrelated

man of the same ethnic or racial group, expressed as a percentage

incorporating the paternity index and a prior probability.

(19) “Putative father” means the alleged or reputed father.

(20) “Record” means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in

perceivable form.

(21) “Signatory” means an individual who authenticates a record and is

bound by its terms.

(22) “State” means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular

possession subject to the jurisdiction of the United States.

(23) “Support-enforcement agency” means the Alabama Department of Human

Resources.

SECTION 26-17-103. SCOPE OF ACT; CHOICE OF LAW.

(a) This act applies to determination of parentage in this state except

for matters relating to legitimation and adoption. Nothing in this act

supersedes or modifies Alabama law regarding the requirements contained in

Section 26-10C-1.

(b) The court shall apply the law of this state to adjudicate the

parent-child relationship. The applicable law does not depend on:

(1) the place of birth of the child; or

(2) the past or present residence of the child.

(c) This act does not create, enlarge, or diminish parental rights or

duties under other law of this state.

(d) This act does not authorize or prohibit an agreement between a woman

and intended parents in which the woman relinquishes all rights as a parent

of a child conceived by means of assisted reproduction, and which provides

that the intended parents become the parents of the child. If a birth results

under such an agreement and the agreement is unenforceable under Alabama law,

the parent-child relationship is determined as provided in Article 2.

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 parentage pursuant to this act and may

determine issues of custody, support, and visitation incidental to a

determination of parentage. If an issue of non-parentage is raised in a

domestic relations action in this state, a court of this state having

jurisdiction over the domestic relations action shall have the authority to

adjudicate parentage or non-parentage pursuant to this act.

SECTION 26-17-105. PROTECTION OF PARTICIPANTS. Proceedings under this act

are subject to other law of this state governing the health, safety, privacy,

and liberty of a child or other individual who could be jeopardized by

disclosure of identifying information, including address, telephone number,

place of employment, Social Security number, and the child’s day-care

facility and school.

SECTION 26-17-106. DETERMINATION OF MATERNITY.

Provisions of this act 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 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.

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 who are married to each other.

SECTION 26-17-203. CONSEQUENCES OF ESTABLISHMENT OF PARENTAGE. Unless

parental rights are terminated, a parent-child relationship established under

this act applies for all purposes, except as otherwise specifically provided

by other law of this state.

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 of the child in writing, such

writing being filed with the appropriate court or the Alabama Office of Vital

Statistics; or

(B) with his consent, he is named as the child’s father on the child’s

birth certificate; or

(C) he is otherwise obligated to support the child either under a written

voluntary promise or by court order;

(5) while the child is under the age of majority, he receives the child

into his home and openly holds out the child as his natural child or

otherwise openly holds out the child as his natural child and establishes a

significant parental relationship with the child by providing emotional and

financial support for the child; or

(6) he legitimated the child in accordance with Chapter 11 of Title 26.

(b) A presumption of paternity established under this section may be

rebutted only by an adjudication under Article 6. In the event two or more

conflicting presumptions arise, that which is founded upon the weightier

considerations of public policy and logic, as evidenced by the facts, shall

control. The presumption of paternity is rebutted by a court decree

establishing paternity of the child by another man.

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 to establish the man’s paternity.

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 act.

(b) A presumed father may sign an acknowledgment of paternity which must

be notarized.

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 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.

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.

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 the acknowledgment, as provided

in Section 26-17-304; or

(2) the date of the first hearing, in a proceeding to which the signatory

is a party, before a court to adjudicate an issue relating to the child,

including a proceeding that establishes support.

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 acknowledgment only:

(1) on the basis of fraud, duress, or material mistake of fact; or

(2) in the same manner as provided in Section 26-17A-1.

(b) A party challenging an acknowledgment of paternity has the burden of

proof.

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 purpose of rescission of, or challenge to, an acknowledgment

of paternity, a signatory submits to personal jurisdiction of this state by

signing the acknowledgment, effective upon the filing of the document with

the Alabama Office of Vital Statistics.

(c) Except for good cause shown, during the pendency of a proceeding to

rescind or challenge an acknowledgment of paternity, the court may not

suspend the legal responsibilities of a signatory arising from the

acknowledgment, including the duty to pay child support.

(d) A judicial proceeding to rescind or challenge an acknowledgment of

paternity must be conducted in the same manner as a proceeding to adjudicate

parentage under Article 6.

(e) At the conclusion of a proceeding to rescind or challenge an

acknowledgment of paternity, the court shall order the Alabama Office of

Vital Statistics to amend the birth record of the child, if appropriate.

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

this act.

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 the acknowledgment or denial has been

signed and is otherwise in compliance with the law of the other state.

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.

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.

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 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 complete the affidavit in the hospital, the hospital shall send

the affidavit of paternity to the Office of Vital Statistics within five days

of the birth of the child. Hospitals may be reimbursed by the Department of

Human Resources up to the amount allowable by federal regulations for each

completed affidavit. A hospital shall be immune from civil or criminal

liability for actions taken pursuant to the requirements of this section.

(b) The Office of Vital Statistics shall offer the mother and the alleged

father paternity acknowledgment services as specified in this section.

(c) Notwithstanding any law to the contrary, an affidavit of paternity

completed in accordance with this section shall be accepted by the Office of

Vital Statistics for purposes of listing the father’s name on the child’s

birth certificate.

(d) If a birth certificate has been filed in the Office of Vital

Statistics, listing a father of the child, no new birth certificate can be

established by the Office of Vital Statistics based on an affidavit of

paternity received subsequently by that office unless a determination of

paternity has been made by a court of competent jurisdiction or following

adoption.

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 an order of the court or the Alabama Department

of Human Resources.

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

testing if the request for testing is made by a party to the proceeding, the

Alabama Department of Human Resources, or the representative of the child.

(b) The Alabama Department of Human Resources may order genetic testing

only in accordance with Section 30-3-197(a)(1).

(c) If a request for genetic testing of a child is made before birth, the

court or the Alabama Department of Human Resources may not order in-utero

testing.

(d) If two or more men are subject to court-ordered genetic testing, the

testing may be ordered concurrently or sequentially.

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 accredited

by:

(1) the American Association of Blood Banks, or a successor to its

functions;

(2) the American Society for Histocompatibility and Immunogenetics, or a

successor to its functions; or

(3) an accrediting body designated by the federal Secretary of Health and

Human Services.

(b) A specimen used in genetic testing may consist of one or more samples,

or a combination of samples, of blood, buccal cells, bone, hair, or other

body tissue or fluid. The specimen used in the testing need not be of the

same kind for each individual undergoing genetic testing.

(c) Based on the ethnic or racial group of an individual, the testing

laboratory shall determine the databases from which to select frequencies for

use in calculation of the probability of paternity. If there is disagreement

as to the testing laboratory’s choice, the following rules apply:

(1) The court, upon motion, may require the testing laboratory, prior to

final adjudication of paternity, to recalculate the probability of paternity

using an ethnic or racial group different from that used by the laboratory.

(2) The individual objecting to the testing laboratory’s initial choice

shall:

(A) if the frequencies are not available to the testing laboratory for the

ethnic or racial group requested, provide the requested frequencies compiled

in a manner recognized by accrediting bodies; or

(B) engage another testing laboratory to perform the calculations.

(3) The testing laboratory may use its own statistical estimate if there

is a question regarding which ethnic or racial group is appropriate. If

available, the testing laboratory shall calculate the frequencies using

statistics for any other ethnic or racial group requested.

(d) If, after recalculation using a different ethnic or racial group,

genetic testing does not rebuttably identify a man as the father of a child

under Section 26-17-505, an individual who has been tested may be required to

submit to additional genetic testing.

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 report made

under the requirements of this article is self-authenticating.

(b) Documentation from the testing laboratory of the following information

is sufficient to establish a reliable chain of custody that allows the

results of genetic testing to be admissible without testimony:

(1) the names and photographs of the individuals whose specimens have been

taken;

(2) the names of the individuals who collected the specimens;

(3) the places and dates the specimens were collected;

(4) the names of the individuals who received the specimens in the testing

laboratory; and

(5) the dates the specimens were received.

SECTION 26-17-505. GENETIC TESTING RESULTS; REBUTTAL.

(a) Under this act, a man is rebuttably identified as the father of a

child if the genetic testing complies with this article and the results

disclose that:

(1) the man has at least a 99 percent probability of paternity, using a

prior probability of 0.50, as calculated by using the combined paternity

index obtained in the testing; and

(2) a combined paternity index of at least 100 to 1.

(b) A man identified under subsection (a) as the father of the child may

rebut the genetic testing results only by other genetic testing satisfying

the requirements of this article which:

(1) excludes the man as a genetic father of the child; or

(2) identifies another man as the possible father of the child.

(c) Except as otherwise provided in Section 26-17-510, if more than one

man is identified by genetic testing as the possible father of the child, the

court or the Alabama Department of Human Resources pursuant to Section

30-3-197 shall order them to submit to further genetic testing to identify

the genetic father.

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 Resources in a proceeding in which

the Alabama Department of Human Resources is providing services, except when

alternative arrangements have been made between the Alabama Department of

Human Resources and the testing laboratory;

(2) by the individual who made the request;

(3) as agreed by the parties; or

(4) as ordered by the court.

(b) If paternity is established and the cost of the genetic test was paid

for by the Alabama Department of Human Resources, the department may seek

recoupment of the cost for the genetic test from the alleged father who

denied paternity.

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 contests the

result of the original testing. If the previous genetic testing identified a

man as the father of the child under Section 26-17-505, the court or the

Alabama Department of Human Resources pursuant to Section 30-3-197 may not

order additional testing unless the party provides advance payment for the

testing.

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 child,

for good cause and under circumstances the court considers to be just, the

court may order the following individuals to submit specimens for genetic

testing:

(1) the parents of the individual;

(2) brothers and sisters of the individual;

(3) other children of the individual and their other parent; and

(4) other relatives of the individual necessary to complete genetic

testing.

(b) Issuance of an order under this section requires a finding that a need

for genetic testing outweighs the legitimate interests of the person sought

to be tested.

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 believed to have an identical

brother and evidence suggests that the brother may be the genetic father of

the child.

(b) If each brother satisfies the requirements as the identified father of

the child under Section 26-17-505 without consideration of another identical

brother being identified as the father of the child, the court may rely on

nongenetic evidence to adjudicate which brother is the father of the child.

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 court order or the written permission of the

individual who furnished the specimen commits a Class A misdemeanor.

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 or

the Alabama Rules of Juvenile Procedure as such applies to the court in which

the proceeding is filed.

(b) Stipulations in any agreement that seek to bar a paternity action are

not enforceable.

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 the child;

(3) a man whose paternity of the child is to be adjudicated;

(4) the Alabama Department of Human Resources;

(5) an authorized adoption agency or licensed child-placing agency

licensed in Alabama or any other state that is properly authorized to do

business in Alabama;

(6) a representative authorized by law to act for an individual who would

otherwise be entitled to maintain a proceeding but who is deceased,

incapacitated, or a minor; or

(7) any interested person.

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 paternity of the child is to be adjudicated.

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 state having jurisdiction to adjudicate parentage may

exercise personal jurisdiction over a nonresident individual, or the guardian

or conservator of the individual, if the conditions prescribed in Section

30-3A-201 are fulfilled.

(c) Lack of jurisdiction over one individual does not preclude the court

from making an adjudication of parentage binding on another individual over

whom the court has personal jurisdiction.

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) a proceeding for probate or administration of the presumed or alleged

father’s estate has been commenced; or

(4) the plaintiff resides, only if the circumstances in subdivisions (1),

(2), or (3) do not apply.

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 commenced at any time, even after:

(1) the child becomes an adult, but only if the child initiates the

proceeding; or

(2) an earlier proceeding to adjudicate paternity has been dismissed based

on the application of a statute of limitation then in effect.

(b) An action to determine paternity for the purposes of obtaining support

shall not be brought after the child obtains age 19, unless otherwise

provided by law.

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

persists in his status as the legal father of a child, neither the mother nor

any other individual may maintain an action to disprove paternity.

(b) A presumption of paternity under this section may be rebutted in an

appropriate action only by clear and convincing evidence. In the event two or

more conflicting presumptions arise, that which is founded upon the weightier

considerations of public policy and logic, as evidenced by the facts, shall

control. The presumption of paternity is rebutted by a court decree

establishing paternity of the child by another man.

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 father’s discovery

of his possible nonpaternity;

(4) the nature of the relationship between the child and the presumed or

acknowledged father;

(5) the age of the child;

(6) the harm that may result to the child if presumed or acknowledged

paternity is successfully disproved;

(7) the nature of the relationship between the child and any alleged

father;

(8) the extent to which the passage of time reduces the chances of

establishing the paternity of another man and a child-support obligation in

favor of the child; and

(9) other factors that may affect the equities arising from the disruption

of the father-child relationship between the child and the presumed or

acknowledged father or the chance of other harm to the child.

(c) In a proceeding involving the application of this section, a minor or

incapacitated child must be represented by a guardian ad litem.

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 challenge the paternity of the child only within the time

allowed under Section 26-17-307 or 26-17-308.

(b) If a child has an acknowledged father, an individual, who is not a

signatory to the acknowledgment of paternity and who seeks an adjudication of

paternity of the child may maintain a proceeding at any time after the

effective date of the acknowledgment if the court determines that it is in

the best interest of the child.

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 child. The following actions may be

taken before the birth of the child:

(1) service of process;

(2) discovery; and

(3) except as prohibited by Section 26-17-502, collection of specimens for

genetic testing.

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 a guardian ad litem to represent a minor or

incapacitated child if the child is a party or the court finds that the

interests of the child are not adequately represented.

(c) The court shall appoint a guardian ad litem to represent a defendant

who is a minor and who is not otherwise represented by counsel.

SECTION 26-17-613. RIGHT TO COUNSEL; FEES, EXPENSES, AND COSTS.

(a) In all proceedings under this act, any party may be represented by

counsel.

(b) Nothing contained in this act shall be construed so as to guarantee

court-appointed counsel at the state’s expense to any party who is not

otherwise entitled to court-appointed counsel under statutory or case law.

Appointment of counsel for a minor defendant or party who is entitled to

counsel and the compensation of such appointed counsel shall be governed by

other applicable law.

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 in the report unless a party objects in writing to its admission

within 14 days after its receipt by the objecting party and cites specific

grounds for exclusion. The admissibility of the report is not affected by

whether the testing was performed:

(1) voluntarily or pursuant to an order of the court or the Alabama

Department of Human Resources; or

(2) before or after the commencement of the proceeding.

(b) A party objecting to the results of genetic testing may call one or

more genetic-testing experts to testify in person or by another method

approved by the court. Unless otherwise ordered by the court, the party

offering the testimony bears the expense for the expert testifying.

(c) Copies of bills for prenatal and postnatal health care for the mother

and child which are furnished to the adverse party not less than 30 days

before the date of a hearing are admissible unless objected to by the adverse

party to establish:

(1) the amount of the charges billed; and

(2) that the charges were reasonable, necessary, and customary.

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,

the court for that reason may adjudicate parentage contrary to the position

of that party.

(c) Genetic testing of the mother of a child is not a condition precedent

to testing the child and a man whose paternity is being determined. If the

mother is unavailable or declines to submit to genetic testing, the court may

order the testing of the child and every man whose paternity is being

adjudicated.

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 or by

admitting paternity under penalty of perjury when making an appearance or

during a hearing.

(b) If the court finds that the admission of paternity satisfies the

requirements of this section and finds that there is no reason to question

the admission, the court shall issue an order adjudicating the child to be

the child of the man admitting paternity.

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.

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

adjudicated father may be disproved only by admissible results of genetic

testing excluding that man as the father of the child or identifying another

man as the father of the child.

(2) Unless the results of genetic testing are admitted to rebut other

results of genetic testing, a man identified as the father of a child under

Section 26-17-505 must be adjudicated the father of the child.

(3) If the court finds that genetic testing under Section 26-17-505

neither identifies nor excludes a man as the father of a child, the results

of genetic testing, and other evidence, are admissible to adjudicate the

issue of paternity.

(4) Unless the results of genetic testing are admitted to rebut other

results of genetic testing, a man excluded as the father of a child by

genetic testing must be adjudicated not to be the father of the child.

SECTION 26-17-632. JURY PROHIBITED. The court, without a jury, shall

adjudicate paternity of a child.

SECTION 26-27-633. 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 a proceeding under this article is available for

public inspection unless sealed by an order of the court for good cause.

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 by the court to be the father of a child.

SECTION 26-17-635. DISMISSAL FOR WANT OF PROSECUTION. The court may issue

an order dismissing a proceeding commenced under this act for want of

prosecution only without prejudice. An order of dismissal for want of

prosecution purportedly with prejudice is void and has only the effect of a

dismissal without prejudice.

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 act 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 the

trial, including docket fees, to be paid by the parties in such proportions

as the court may direct. In the event the court determines that a party is

unable to pay the fees and costs as directed, it may order fees and costs,

including fees and costs of appropriate tests, if such tests have been

ordered by the court as provided in Section 26-17-506, to be paid from the

fund entitled, “court costs not otherwise provided for.” If costs and fees

are ordered to be paid from said fund, claims shall be submitted by the clerk

of the court to the state Comptroller for audit and allowance and, if

approved by the Comptroller, shall be forwarded to the State Treasurer for

payment from said fund. Provided, docket fees and fees of retained counsel

shall not be paid from the fund. Docket fees shall be waived if the court

determines that the parties are incapable of paying them.

(2) When an action is brought by the Department of Human Resources, its

agent, the district attorney, or an attorney authorized to represent the

State of Alabama, no fee shall be paid to the clerk of the court but may be

taxed as a cost of the action as provided herein. If an appeal is taken by

the state, no security for the costs need be given.

(3) The court may award attorney’s fees and other expenses, which may be

paid directly to the attorney, who may enforce the order in the attorney’s

own name.

(d) When a party bringing an action is represented by the district

attorney or attorney authorized to represent the State of Alabama, no filing

fee shall be paid to the clerk of the court but may be taxed as a cost of the

action as provided herein. The court may not assess fees, costs, or expenses

against the support-enforcement agency of this state or another state, except

as provided by other law or except for good cause shown.

(e) On request of a party and for good cause shown, the court may order

that the name of the child be changed.

(f) If the order of the court is at variance with the child’s birth

certificate, the court shall order the Alabama Office of Vital Statistics to

issue an amended birth certificate.

(g) The order of the court determining the existence or nonexistence of

the parent and child relationship is determinative for all purposes. Upon

paternity being established, the court shall immediately determine support

payments at the conclusion of the paternity hearing and make support payment

determination including the provision for medical support or health insurance

a part of the order establishing paternity. The order may contain any other

provision directed against the appropriate party to the proceeding,

concerning the duty of support, the custody and visitation of the child or

the furnishing of bond or other security for payment under the order. The

order may direct the father to pay the reasonable expenses of the mother’s

pregnancy and confinement.

(h) Except as provided in Title 30, Chapter 3, Article 5, a parent’s

liabilities for past support is limited to a period of two years next

preceding the commencement of an enforcement action under this chapter unless

an order of support has been previously entered.

(i) The provisions of this article do not extend the time within which a

right of inheritance or a right to a succession may be asserted beyond the

time provided by law relating to distribution and closing of decedents’

estates or to the determination of heirship, or otherwise.

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 3; and

(2) all parties to an adjudication by a court acting under circumstances

that satisfy the jurisdictional requirements of Section 30-3A-201.

(b) A child is not bound by a determination of parentage under this act

unless the child was a party or was represented in the proceeding determining

parentage by a guardian ad litem.

(c) In a proceeding to dissolve a marriage, the court is deemed to have

made an adjudication of the parentage of a child if the court acts under

circumstances that satisfy the jurisdictional requirements of Section

30-3A-201, and the final order expressly identifies a child as a “child of

the marriage,” “issue of the marriage,” or similar words indicating that the

husband is the father of the child.

(d) Except as otherwise provided in subsection (b), a determination of

parentage may be a defense in a subsequent proceeding seeking to adjudicate

parentage by an individual who was not a party to the earlier proceeding.

(e) A party to an adjudication of paternity may challenge the adjudication

only under law of this state relating to appeal, vacation of judgments, or

other judicial review including proceedings under Section 26-17A-1.

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 Juvenile Procedure.

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 assisted reproduction. A married couple who, under the

supervision of a licensed physician, engage in assisted reproduction through

use of donated eggs, sperm, or both, will be treated at law as if they are

the sole natural and legal parents of a child conceived thereby.

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 resulting child.

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 by the

assisting licensed physician. Consent by the husband of a married woman is

not required for the donation of eggs by a married woman for assisted

reproduction by another woman.

(b) Failure of the husband to sign a consent required by subsection (a),

before or after birth of the child, does not preclude a finding that the

husband is the father of the child born to his wife if the wife and husband

openly held out the child as their own.

(c) The consent of a spouse to assisted reproduction may be withdrawn by

that individual at anytime before placement of the donated eggs, sperm, or

embryos. The withdrawal must be in a signed record maintained by the licensed

assisting physician.

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 same manner as a

presumed father under Section 26-17-607.

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 the

former spouse consented in a signed record, maintained by the licensed

assisting physician, that if assisted reproduction were to occur after a

divorce, the former spouse would be a parent of the child.

(b) The consent of a former spouse to assisted reproduction may be

withdrawn by that individual in a signed record, maintained by the licensed

assisting physician, at any time before placement of eggs, sperm, or embryos.

An individual who withdraws consent under this section is not a parent of the

resulting child.

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 spouse consented in a

signed record, maintained by the licensed assisting physician, that if

assisted reproduction were to occur after death, the deceased individual

would be a parent of the child.

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 matter among states

that enact it.

SECTION 26-17-902. SEVERABILITY CLAUSE. If any provision of this act or

its application to an individual or circumstance is held invalid, the

invalidity does not affect other provisions or applications of this act which

can be given effect without the invalid provision or application, and to this

end the provisions of this act are severable.

SECTION 26-17-903. TIME OF TAKING EFFECT. This act takes effect on January

1, 2009.

SECTION 26-17-904. TRANSITIONAL PROVISION. A proceeding to adjudicate

parentage which was commenced before the effective date of this act is

governed by the law in effect at the time the proceeding was commenced.

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 a

paternity determination of any other state whether established through a

voluntary acknowledgment, an administrative process, or a judicial process

which paternity determination shall be enforced and otherwise treated in the

same manner as a paternity determination of this state.

Section 3. Although this bill would have as its purpose or effect the

requirement of a new or increased expenditure of local funds, the bill is

excluded from further requirements and application under Amendment 621, now

appearing as Section 111.05 of the Official Recompilation of the Constitution

of Alabama of 1901, as amended, because the bill defines a new crime or

amends the definition of an existing crime.

Section 4. This act shall become effective on January 1, 2009, following

its passage and approval by the Governor, or its otherwise becoming law.

May 16, 2008 — Signed by GOVERNOR.

May 16, 2008 — Act No. 2008-376

May 16, 2008 — Enacted