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:
Acknowledgement of paternity and execution of such acknowledgement in Alabama is governed by the provisions laid down in Code of Ala. § 26-17-301 and § 26-17-302.Code of Ala. § 26-17-301 reads:
“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.”
Code of Ala. § 26-17-302 reads:
“(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 chapter.
(b) A presumed father may sign an acknowledgment of paternity which must be notarized.”
Once the formalities stated in the above provision are complete, the father shall be conferred with all the rights and duties of a parent per Code of Ala. § 26-17-305. It reads:
“ (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.
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(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 chapter.
(b) A presumed father may sign an acknowledgment of paternity which must be notarized.”
Once the formalities stated in the above provision are complete, the father shall be conferred with all the rights and duties of a parent per Code of Ala. § 26-17-305. It reads:
“ (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.
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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.
