Full question:
I was in a live in relationship with a girl while I was in college. Somehow, it didn’t work after college and we went our separate ways. Lately, through a common friend I found out that she had a child 5 months after we broke up. When I confronted her with this fact, she told me that the child is mine. I want to voluntarily acknowledge that I am the child’s father. How do I do that in Alabama?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: Alabama
Answer:
In Alabama, acknowledging paternity is governed by Code of Ala. § 26-17-301 and § 26-17-302. According to § 26-17-301, the mother of the child and the man claiming to be the genetic father can sign an acknowledgment of paternity to establish the man's paternity.
For the acknowledgment to be valid, it must meet the following requirements as outlined in § 26-17-302:
- It must be filed with the Alabama Office of Vital Statistics.
- It must be signed and notarized by both the mother and the man claiming paternity, under penalty of perjury.
- It must state that the child does not have a presumed father or that the man is the presumed father, and that the child does not have another acknowledged or adjudicated father.
- If genetic testing has been done, it should state that the man's claim of paternity is consistent with the test results.
- It must confirm that the signatories understand the acknowledgment will be legally recognized as a finding of paternity, and that challenges to it are limited as per the law.
Once these steps are completed, the acknowledged father will have all the rights and responsibilities of a parent as per Code of Ala. § 26-17-305. This statute states that a valid acknowledgment filed with the Alabama Office of Vital Statistics is considered a legal finding of paternity.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.