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If the father is not listed on the birth certificate, his paternity can be challenged, so proving that he is the biological father will be necessary. An unmarried father, upon proving that he is the child's biological father, must also file a petition with the court to receive custody and visitation rights.
An affidavit of paternity allows an Alabama court to move on quickly to the issues of child custody, support and visitation. If the father disputes or will not acknowledge paternity, the Alabama court will order a DNA test to prove the identity of the father of the minor child.
In Alabama, the simplest way to establish paternity is voluntarily, with both the mother and father signing a form that acknowledges paternity by identifying the child's legal father. Once parents have filled out this form and it has been properly filed, the father's name can be added to the child's birth certificate.
Use our Affidavit of Paternity form to acknowledge paternity for a child born outside of marriage. An affidavit of paternity is a legal document that proves a child's parentage and can be used to update a child's birth certificate with information about the father.
The case should be filed in the juvenile court for the county where the child resides. The court will order a genetic test for the mother, child and the putative father. A case can be brought anytime after the child's birth, but before the child's 18th birthday.