Section 26-17-505 – Genetic Testing Results; Rebuttal.
Section 26-17-505 Genetic testing results; rebuttal. (a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that: (1) the man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by […]
Section 26-17-611 – Proceeding Before Birth.
Section 26-17-611 Proceeding before birth. A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child: (1) service of process; (2) discovery; and (3) except as prohibited by […]
Section 26-17-702 – Parental Status of Donor.
Section 26-17-702 Parental status of donor. A donor who donates to a licensed physician for use by a married woman is not a parent of a child conceived by means of assisted reproduction. A married couple who, under the supervision of a licensed physician, engage in assisted reproduction through use of donated eggs, sperm, or […]
Section 26-17-506 – Costs of Genetic Testing.
Section 26-17-506 Costs of genetic testing. (a) Subject to assessment of costs under Article 6, the cost of initial genetic testing must be advanced: (1) by the Alabama Department of Human Resources in a proceeding in which the Alabama Department of Human Resources is providing services, except when alternative arrangements have been made between the […]
Section 26-17-612 – Child as Party; Representation.
Section 26-17-612 Child as party; representation. (a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article. (b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests […]
Section 26-17-507 – Additional Genetic Testing.
Section 26-17-507 Additional genetic testing. The court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under Section 26-17-505, the […]
Section 26-17-613 – Right to Counsel; Fees, Expenses, and Costs.
Section 26-17-613 Right to counsel; fees, expenses, and costs. (a) In all proceedings under this chapter, any party may be represented by counsel. (b) Nothing contained in this chapter shall be construed so as to guarantee court-appointed counsel at the state’s expense to any party who is not otherwise entitled to court-appointed counsel under statutory […]
Section 26-17-508 – Genetic Testing When Specimens Not Available.
Section 26-17-508 Genetic testing when specimens not available. (a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit […]
Section 26-17-621 – Admissibility of Results of Genetic Testing; Expenses.
Section 26-17-621 Admissibility of results of genetic testing; expenses. (a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects in writing to its admission within 14 days after its receipt by the objecting […]
Section 26-17-308 – Challenge After Expiration of Period for Rescission.
Section 26-17-308 Challenge after expiration of period for rescission. (a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only: (1) on the basis of fraud, duress, or material mistake of fact; or (2) in the same manner as […]