reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-503 - Requirements for Genetic Testing.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-504 - Report of 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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-505 - Genetic Testing Results; Rebuttal.

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 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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-506 - Costs of Genetic Testing.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-507 - Additional Genetic Testing.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-508 - Genetic Testing When Specimens Not Available.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-509 - Deceased Individual.

Section 26-17-509
Deceased individual.
For good cause shown, the court may order genetic testing of a deceased individual.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-510 - Identical Brothers.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 5 - Genetic Testing. › Section 26-17-511 - Confidentiality of Genetic Testing.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-601 - Proceeding Authorized.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-602 - Standing to Maintain Proceeding.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-603 - Parties to Proceeding.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-604 - Personal Jurisdiction.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-605 - Venue.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-606 - No Limitation to Adjudicate Parentage for a Child Having No Presumed, Acknowledged, or Adjudicated Father; Limitation for Child Support.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-607 - Action to Disprove Parentage When There Is a Presumed Father.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-608 - Estoppel to Deny Paternity.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-609 - Limitation: Child Having Acknowledged.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-611 - Proceeding Before Birth.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-612 - Child as Party; Representation.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 1 - Nature of Proceeding. › Section 26-17-613 - Right to Counsel; Fees, Expenses, and Costs.

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 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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 2 - Special Rules for Proceeding to Adjudicate Parentage. › Section 26-17-621 - Admissibility of Results of Genetic Testing; Expenses.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 2 - Special Rules for Proceeding to Adjudicate Parentage. › Section 26-17-622 - Consequences of Declining Genetic Testing.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 2 - Special Rules for Proceeding to Adjudicate Parentage. › Section 26-17-623 - Admission of Paternity Authorized.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 2 - Special Rules for Proceeding to Adjudicate Parentage. › Section 26-17-624 - Temporary Order.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-631 - Rules for Adjudication of Paternity.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-632 - Jury Prohibited.

Section 26-17-632
Jury prohibited.
The court, without a jury, shall adjudicate paternity of a child.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-633 - Hearings; Inspection of Records.

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 a proceeding under this article is available for public inspection unless sealed by an order of the court for good cause.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-634 - Order on Default.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-635 - Dismissal for Want of Prosecution.

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 want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-637 - Binding Effect of Determination of Parentage.

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 chapter 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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 6 - Proceeding to Adjudicate Parentage. › Part 3 - Hearings and Adjudication. › Section 26-17-638 - Post Judgment Motions and Hearings.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-701 - Scope of Article.

Section 26-17-701
Scope of article.
This article does not apply to the birth of a child conceived by means of sexual intercourse.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-702 - Parental Status of Donor.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-703 - Husband's Paternity of Child of Assisted Reproduction.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-704 - Consent to Assisted Reproduction.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-705 - Limitation on Husband's Dispute of Paternity.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-706 - Effect of Dissolution of Marriage.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 7 - Child of Assisted Reproduction. › Section 26-17-707 - Parental Status of Deceased Spouse.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 9 - Miscellaneous Provisions. › Section 26-17-901 - Uniformity of Application and Construction.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 9 - Miscellaneous Provisions. › Section 26-17-902 - Severability Clause.

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 applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 9 - Miscellaneous Provisions. › Section 26-17-903 - Time of Taking Effect.

Section 26-17-903
Time of taking effect.
This chapter takes effect on January 1, 2009.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 9 - Miscellaneous Provisions. › Section 26-17-904 - Transitional Provision.

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 commenced.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17 - Alabama Uniform Parentage Act. › Article 9 - Miscellaneous Provisions. › Section 26-17-905 - Orders - Enforcement.

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.
(Act 2008-376, p. 666, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17A - Reopening of Paternity Case Based on Scientific Evidence. › Section 26-17A-1 - Reopening of Paternity Case.

Section 26-17A-1
Reopening of paternity case.
(a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific test recognized by the court that has been conducted in accordance with established scientific principles or the court may order a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court orders a test and any of the persons to be tested refuse to submit to the test, the fact shall be disclosed at the trial, unless good cause is shown.
(b) The test shall be made by a qualified expert approved by the court. The expert may be called by the court or any party as a witness to testify to the test results and shall be subject to cross-examination by the parties. The test results may be admitted into evidence. If more than one test is performed and the results are conflicting, none of the test results shall be admissible as evidence of paternity or nonpaternity.
(c) Compensation of the expert witness shall be paid by the petitioner.
(d) In the event the child has been adopted the matter of paternity may not be reopened under this chapter.
(Acts 1994, No. 94-633, p. 1177, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 17A - Reopening of Paternity Case Based on Scientific Evidence. › Section 26-17A-2 - Claim for Damages Against Court Rendering Initial Order of Paternity.

Section 26-17A-2
Claim for damages against court rendering initial order of paternity.
In any decree setting aside an order of paternity pursuant to this chapter, there shall be no claim for damages against the court rendering the initial order of paternity nor any reimbursement or recoupment of money or damages against the mother, the state, or any employee or agent of the state.
(Acts 1994, No. 94-633, p. 1177, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-1 - Short Title.

Section 26-18-1
Short title.
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-2 - Purpose; Precedence of Appeals.

Section 26-18-2
Purpose; precedence of appeals.
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-3 - Definitions.

Section 26-18-3
Definitions.
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-4 - Applicability of Rules of Juvenile Procedure; Allegation and Proof of Ability to Assume Custody of Child.

Section 26-18-4
Applicability of Rules of Juvenile Procedure; allegation and proof of ability to assume custody of child.
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-5 - Who May File Petition.

Section 26-18-5
Who may file petition.
Amended and renumbered as Section 12-15-317 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-6 - Service of Process.

Section 26-18-6
Service of process.
Amended and renumbered as Section 12-15-318 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-7 - Grounds for Termination of Parental Rights; Factors Considered; Presumption Arising From Abandonment.

Section 26-18-7
Grounds for termination of parental rights; factors considered; presumption arising from abandonment.
Amended and renumbered as Section 12-15-319 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §7; Act 97-851, p. 138, §1; Act 98-370, p. 670, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-8 - Transfer of Custody.

Section 26-18-8
Transfer of custody.
Amended and renumbered as Section 12-15-320 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-9 - Periodic Review of Efforts to Achieve Adoption of Child in Custody of Another After Parental Rights Terminated.

Section 26-18-9
Periodic review of efforts to achieve adoption of child in custody of another after parental rights terminated.
Amended and renumbered as Section 12-15-321 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-10 - Authority of One in Custody to Place Child for Adoption or Consent to Adoption.

Section 26-18-10
Authority of one in custody to place child for adoption or consent to adoption.
Amended and renumbered as Section 12-15-322 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 18 - Child Protection. › Section 26-18-11 - Applicability.

Section 26-18-11
Applicability.
Renumbered as Section 12-15-324 by Act 2008-277, §19, effective January 1, 2009.
(Act 98-370, p. 670, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-1 - Definitions.

Section 26-19-1
Definitions.
For purposes of this chapter, the following words shall have the meanings ascribed, unless the context clearly indicates otherwise:
(1) ACMEC. The Alabama Center for Missing and Exploited Children created by this chapter within the department.
(2) CJIC. The Criminal Justice Information Center of the state.
(3) DEPARTMENT. The Alabama State Law Enforcement Agency.
(4) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement agencies of this state primarily, and of other states generally.
(5) MISSING CHILD. A child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that:
a. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; or
b. The child voluntarily left the care and control of the child's legal custodian without the custodian's consent and without intent to return.
(6) MISSING PERSON. A person 18 years old or older whose disappearance is possibly not voluntary.
(7) NCIC. The National Crime Information Center and its computer system of reported missing persons and unidentified deceased persons maintained by the Federal Bureau of Investigation.
(8) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.
(Acts 1985, No. 85-538, p. 653, §1; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-2 - Alabama Center for Missing and Exploited Children Created; General Purpose.

Section 26-19-2
Alabama Center for Missing and Exploited Children created; general purpose.
There is created within the Alabama State Law Enforcement Agency a statewide information and investigation center for the reporting by law enforcement agencies and other agencies and persons of missing persons, exploited children, and unidentified deceased persons. The center shall be known as the Alabama Center for Missing and Exploited Children, which may be referred to simply as "ACMEC."
(Acts 1985, No. 85-538, p. 653, §2; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-3 - Authority to Transfer, Hire, etc., Personnel.

Section 26-19-3
Authority to transfer, hire, etc., personnel.
The Secretary of the Alabama State Law Enforcement Agency is required to establish the Alabama Center for Missing and Exploited Children within the department, and for any purposes, may transfer or assign existing personnel within the department and may hire additional technical, legal, clerical, investigative, and other persons necessary to implement this chapter.
(Acts 1985, No. 85-538, p. 653, §3; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-5 - Law Enforcement Agencies to Report Missing Persons to Acmec; Contents of Report.

Section 26-19-5
Law enforcement agencies to report missing persons to ACMEC; contents of report.
Any law enforcement agency in this state in which a complaint of a missing person has been filed shall prepare and send a report to ACMEC immediately on any missing person or unidentified deceased person. That report shall include, but is not limited to, the following:
(1) All information contained in the complaint on a missing person.
(2) All information or evidence gathered by a preliminary investigation, if one was made.
(3) A statement, by the law enforcement officer in charge, setting forth that officer's assessment of the case based upon all evidence and information received.
(4) An explanation of the next steps to be taken by the law enforcement agency filing the report.
(Acts 1985, No. 85-538, p. 653, §5; Acts 1997, No. 97-416, p. 698, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 19 - Bureau for Information on Missing Persons. › Section 26-19-6 - Forwarding Report to Other Law Enforcement Agencies.

Section 26-19-6
Forwarding report to other law enforcement agencies.
Upon completion of the report, a copy of the teletype message with pertinent information shall be forwarded to:
(1) All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.
(2) All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.
(3) All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.
(4) Any law enforcement agency requesting a copy of the missing person report.
(Acts 1985, No. 85-538, p. 653, §6.)