The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.
Alabama Instruction to Jury in a Paternity as to the Average Period of Gestation
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How to fill out Instruction To Jury In A Paternity As To The Average Period Of Gestation?
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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.
(17) ?Presumed father? means a man who, by operation of law under Section 26-17-204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
? ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.
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.
In cases where the parents are married at the time the child is born, paternity is usually presumed and does not require any outside testing or legal processes. In Alabama when a child is born within 300 days of a divorce, the former spouse is also presumed to be the child's father for purposes of paternity.
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.
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.
As of 2009, Alabama's version of the Uniform Parentage Act provides, in part, that: ?A man is presumed to be the father of a child if . . . he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated[.]? It also allows the presumption of paternity to ...