Full question:
I am a 25-year-old woman working in a bar as a bartender. I have been in an on and off relationship with a guy who is a regular at my bar. Due to excessive morning sickness, I decided to take a pregnancy test just to be sure. Turns out that I am pregnant. I am planning to have the kid. I don’t want my boyfriend’s name on the birth certificate as the child’s father. Is it possible to get the certificate without the name of the father in Alabama?
- Category: Paternity
- Date:
- State: Alabama
Answer:
Typically, in Alabama, parents are to apply for the birth certificate in their name within 5 days after the child is born. This is provided in Code of Ala. § 22-9A-7 which reads:“(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within five days after the birth and shall be registered if it has been completed and filed in accordance with this section.
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Clause (f) in Code of Ala. § 22-9A-7, enumerates the different instances wherein the father’s name may be entered or omitted in the birth certificate of the child. The clause reads:
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(f) (1) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless it is established by law that he is not the father of the child.
(2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate unless paternity has been determined by a court of competent jurisdiction or unless the legitimation process specified in Sections 26-11-1 through 26-11-3, inclusive, or otherwise provided by law has been completed.
(3) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
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In the given instance, the mother of the child is not married. If she remains unmarried even at the time of the child’s birth, per the provisions of clause (f) of Code of Ala. § 22-9A-7, there is no need for her to include the name of the father on the birth certificate.(f) (1) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless it is established by law that he is not the father of the child.
(2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate unless paternity has been determined by a court of competent jurisdiction or unless the legitimation process specified in Sections 26-11-1 through 26-11-3, inclusive, or otherwise provided by law has been completed.
(3) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
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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.
