Written by attorney Mary Katherine Brown

How does an unmarried father establish paternity in Alabama?

Alternate Means to Establish Paternity Ala. Code §§ 26-11-2; 26-17-201

A father of a nonmarital child may seek to legitimate the child and render him or her capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child, supposed age, and the name of mother, and stating that he thereby recognizes him or her as his child and capable of inheriting his estate, real and personal, as if born in wedlock.

The father-child relationship may be established between a man and a child by: • An unrebutted presumption of the man’s paternity of the child under § 26-17-204

• An effective acknowledgment of paternity by the man under Article 3 • An adjudication of the man’s paternity • Adoption of the child by the man • The man’s consent to assisted reproduction by a woman that resulted in the birth of the child

Required Information Ala. Code § 26-10C-1

A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity [with the putative father registry] shall include all of the following:

• The father’s name, Social Security number, date of birth, and current address • The mother’s name and all other names known to the putative father that have been used by the mother, Social Security number, date of birth, and address, if known

• The father’s current income and financial information with a child support obligation income statement/affidavit form to be prescribed by regulations of the department

• The child’s name and place of birth, if known • The possible date or dates of sexual intercourse

The person filing shall notify the registry of any change of address pursuant to the procedures prescribed by regulation of the department. The registration must be on a form prescribed by the department, signed by the putative father, and notarized.

The putative father may file his notice of intent to claim paternity prior to the birth of the child.

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer