Alabama Paternity Law Without Consent
Description
How to fill out Alabama Paternity Law And Procedure Handbook?
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FAQ
In Alabama, children who are born to a married woman are legally presumed to be the children of the husband. It is important to note that only the husband can successfully challenge the paternity of a child born during the marriage. The mother cannot do so.
It is illegal to obtain a DNA sample from an alleged father for testing without his knowledge. Failing to obtain or to misuse consent could result in penalties of up to three years in prison, a fine, or both.
Where there is a presumption of paternity, paternity can be challenged by an interested party (such as the father) until the child is 19 years old. The child can contest paternity until the death of the father.
DNA testing a father and child only can help to confirm paternity when there are doubts over a child's biological father. It is possible to carry out this test with only the potential father and child. We do not need the mother's DNA to carry out this type of paternity test.
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.