Alabama Paternity Provisions

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US-APP1F
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Description

This document is a list of clauses used in paternity matters. The clauses include establishing a trust for housing for the child, DNA testing to establish paternity, security of children, support of the mother on a voluntary basis, and a clause to prohibit the mother from contacting the father.

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FAQ

An Affidavit of Paternity is a legal document that is typically used to establish the identity of a child's biological father when the parents are not married.

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.

Establishing Paternity in Alabama Once this form is filled out and filed, the father's name can be added to the child's birth certificate. If both parents are married when the child is born, paternity is presumed and there is no testing or legal forms needed.

If genetic test results show a probability of 99 percent or higher, the alleged father is given an opportunity to sign a voluntary Acknowledgment of Paternity. He is given the chance to enter into a support agreement, including genetic test costs, retroactive support, and medical support.

A presumed father/parent may or may not be the child's biological father/parent. Family Code Section 7611 defines presumed father: The parents were married and cohabiting at the time of conception. The parents signed a Voluntary Declaration of Parentage (see section above) or attempted to marry.

Generally, a man is presumed to be the father of a child if the child is born during the father's marriage to the child's mother. The presumption also applies if the child is born within 300 days of the end of the marriage.

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.

The law presumes that a man is the father of a child born to his wife, or that he is the father to a child that he acknowledged as his child before the marriage. Fatherhood is also presumed when a man agrees to be the father and is named on the child's birth certificate.

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Alabama Paternity Provisions