Here is the section on paternity:
Alabama Code
Title 26 Infants and Incompetents
Chapter 17 Alabama Uniform Parentage Act
Establishing Paternity
Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers that may include Social Security benefits, veteran's benefits and inheritance rights. Children may also benefit by knowing their biological family';s cultural and medical history. Either parent may take action to legally establish paternity. The process may begin at any time, until the child attains the age of majority. In Alabama, the age of majority is 19.
When a married couple has a child, the law automatically recognizes the husband as the father. When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called establishing paternity. Sometimes a parent may want proof that the man is the biological father of the child. In that case, a genetic test will be used to show that either the man is not the biological father (he is excluded), or, that there is an extremely high probability that the man is the father of the child. The results of a genetic test are then used by the court as evidence of parentage. A court order will then be issued establishing paternity.
The State of Alabama will use these three possible types of processes to establish paternity:
1. Uncontested consent process:
This process requires both the mother and the alleged father to agree that the alleged father is the biological father of the minor child. The parties can do this by completing an Affidavit of Paternity either through the in-hospital process before leaving the birthing hospital or at a later time.
* Affidavit of Paternity
This affidavit, if properly signed and notarized, creates a legal finding of paternity under Alabama law. It is a legally sufficient basis for establishing an obligation for child support and birth expenses. This form can be completed anytime after the child's birth and before the child's nineteenth birthday. This form can be obtained at any county DHR office.
* In-Hospital Paternity
All birthing hospitals must allow unmarried mothers and alleged fathers the opportunity to sign an affidavit of paternity at the time of their child’s birth.
2. Administrative process:
This process gives the Department of Human Resources the authority to administratively order genetic testing. In most cases, this eliminates the need to involve the court in genetic testing. However, the court must issue an order establishing paternity and support.
3. Contested judicial process:
The contested judicial process is used when the alleged father refuses to acknowledge paternity or when the alleged father and/or mother refuse to cooperate with administrative genetic testing.
Child Support Order Establishment
Court order establishment refers to court actions to obtain an order for child support, medical support or possibly retroactive support. The court uses the Alabama Child Support Guidelines based upon Alabama State Law (Rule 32 of the Alabama Rules of Judicial Administration) to make fair and consistent support orders. Copies of the guidelines are available to the public free of charge at court clerk's offices throughout the state, or online at
www.alacourt.org/case/child/rule32.htm. The guidelines are based on the monthly gross income of both parents. There are other things taken into consideration such as day care expenses, health insurance costs and additional children for whom support is court ordered or provided. Situations that may require the establishment of a support order could be one of the following:
Separation Cases
* This is when the parents of a child(ren) are married but separated, and the non-custodial parent is not providing support for the child(ren) and has no court order to do so.
Paternity Cases
* When the court establishes paternity, it must also issue an order addressing support, medical support and an order for Income Withholding. In such cases, the court may also decide other issues such as child custody, visitation, court costs and genetic testing costs. The Department of Human Resources and the State's attorney, however, can only address matters of child support.
Affidavit of Paternity cases
* This is when the mother and the alleged father complete an Affidavit of Paternity at the hospital or at the Department of Human Resources Office.
Divorce cases
* This is when the parent of a child or children are divorced and there is no provision for child support or medical support in the divorce order. If there are custody, visitation or other non child support related issues, you may need to seek legal counsel to represent your interest in these issues.
Foster Care cases
* These are cases where children are in the custody of or are receiving out-of-home care from a State agency.
Periodic Review and Adjustment of Child Support Orders
The Review and Adjustment process is used to determine if the support amount is in accordance with the child support guidelines and/or to determine if medical support needs to be added to the order. DHR will only review orders once every 36 months, unless a significant change such as a financial windfall or a severe medical crisis occurs. The request must be made in writing and state why you believe the order should be changed. If our review finds that your support order should be changed (modified), we will prepare the legal papers and arrange a court hearing for you. In some cases both parties may agree to a modification and a court hearing will not be necessary. If an agreement cannot be reached, the judge will make the final decision about whether an order will be changed.