US Legal Forms
Legal Resources
Questions & Answers
Partnerships
Is there any time period within which acknowledgment of paternity must me made?

Is there any time period within which acknowledgment of paternity must me made?

Full question:

My boyfriend and I were blessed with a baby girl last year. I want my boyfriend to sign an acknowledgment of paternity. Is there any time period within which it should be done?

Category: Partnerships
Subcategory: General
Date: 04/07/2025
State: Alabama

Answer:

A man claiming to be the genetic father of the child may sign an acknowledgment of paternity either at the birth of the child or any time before the child's nineteenth birthday.
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. § 26-17-304 reads:
“(a) An acknowledgment of paternity may be signed at the birth of the child or any time prior to the child's nineteenth birthday. Before a mother and a putative father sign an acknowledgment of paternity, the mother and putative father shall be given notice, orally or through the use of video or audio equipment and in writing, of the alternatives to, the legal consequences of, and, if one parent is a minor, any rights afforded due to minority status, and the responsibilities that arise from signing of the acknowledgment.”

It is not late for your boyfriend to sign an acknowledgment of paternity. It can be signed any time before the child's nineteenth birthday.

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.

FAQs

Does signing a birth certificate make you the father?

Signing a birth certificate does not automatically establish paternity in all cases. In many states, including Alabama, if a man signs the birth certificate and is not married to the mother, he may still need to sign an acknowledgment of paternity to legally confirm his status as the father. This acknowledgment is a separate legal document that can provide additional rights and responsibilities. It's important to understand both processes to ensure proper legal recognition of paternity.

What is the difference between legitimation and acknowledgment?

Legitimation and acknowledgment of paternity are two different legal processes. Acknowledgment of paternity is a voluntary declaration by the father and mother, confirming the father's status, typically signed at the child's birth or later. Legitimation, on the other hand, usually refers to the legal process of establishing a child's status as a legitimate child, often through marriage or court proceedings. In Alabama, acknowledgment can be simpler and quicker than legitimation.

How long does acknowledgment of paternity take?

The process for acknowledgment of paternity is generally straightforward and can often be completed at the hospital when the child is born. If done later, it typically involves filling out and signing the acknowledgment form, which can take a short time. Once signed by both parents, it is filed with the appropriate state agency. The acknowledgment becomes effective immediately upon filing, but processing times may vary by location.

Can a man request a paternity test if not on a birth certificate?

Yes, a man can request a paternity test even if he is not listed on the birth certificate. If he believes he is the biological father, he can petition the court for a paternity test to establish his legal rights and responsibilities. This process may involve filing a motion in family court, where the court can order genetic testing to determine paternity.

What rights does a man have if not on a birth certificate?

If a man is not on the birth certificate, he may have limited legal rights regarding the child. Without an acknowledgment of paternity or a court order establishing paternity, he may not have rights to custody, visitation, or decision-making authority. To gain these rights, he can sign an acknowledgment of paternity or seek a court ruling to establish his status as the legal father.