Code of Alabama
Ala. Code § 26-11-1 (2026)
Legitimation by Marriage of Parents and Recognition of Child by Father.
✓ official Alabama Legislature (ALISON) text, current July 2026
The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child.
(Code 1852, §2008; Code 1867, §2404; Code 1876, §2742; Code 1886, §2364; Code 1896, §364; Code 1907, §5199; Code 1923, §9299; Code 1940, T. 27, §10.)
Notes of Decisions
Cited in 17
cases, 1979–2013 · leading case: Everage v. Gibson, 372 So. 2d 829 (Ala. 1979).
Everage v. Gibson, 372 So. 2d 829 (Ala. 1979). “Code 1975, § 26-11-1. Recognition must be unambiguous and clear in its character.”
Stone v. Gulf Am. Fire & Cas. Co., 554 So. 2d 346 (Ala. 1989). “27, §§ 10, 11, and Code 1975, §§ 26-11-1, 26-11-2. Additionally, there were statutes in effect at the time of Stone's birth that provided that a father of an illegitimate child could be required to support the child, even though there had been no formal adjudication of paternity.”
Amanda Handley, by & Through Her Mother & Next Friend, Patricia Herron v. Richard Schweiker, Sec'y of Health & Human Servs., 697 F.2d 999 (11th Cir. 1983). “Ala. Code § 26-11-1 (1975). The father may legitimate the child by following the statutory procedure for legitimation by written declaration.”
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “on of paternity arises outside of marriage (1) when a man receives the child into his home and openly holds the child out as his natural child or otherwise openly holds the child out as his natural child and establishes a significant parental relationship by providing emo *747…”
Clemons v. Howard, 124 So. 3d 738 (Ala. Civ. App. 2013). ““Between 1929 and 1979, however, the law in Alabama recognized only the following two methods by which an illegitimate child could be legitimated in order to inherit from its father through intestate succession: 1) by marriage of the parents, accompanied by the father’s *744…”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001). “The judge remanded the legitimation and name-change proceedings to *830 the probate court, instructing the probate judge to comply with § 26-11-1 et seq. On November 30, 1998, the period lapsed for S.”
S.C.W. v. C.B., 826 So. 2d 844 (Ala. 2001). “The Legislature has recognized a paternity action completed to adjudication (see § 26-10C-l(a)(l), (a)(3) and (b)) or the filing of an instrument acknowledging paternity pursuant § 26-11-1 to 26-11-3, inclusive (statutes providing for the Legitimation of Children) (see §…”
Ex Parte Calloway, 456 So. 2d 306 (Ala. Civ. App. 1983). “First, as in Streater , an Alabama paternity proceeding brought under §§ 26-11-1 to -9, Code of Alabama 1975, is an action in the name of the State and has long been classified as quasi-criminal in nature.”
M.V.S. v. V.M.D., 776 So. 2d 142 (Ala. Civ. App. 1999). “Names are gathered from two sources: adjudications of paternity in Alabama courts and the courts of other states, and voluntary filings from men who wish to claim paternity or who have already acknowledged a child through legitimization, as provided for in § 26-11-1 through §…”
King v. King, 437 So. 2d 565 (Ala. Civ. App. 1983). “Donald filed a motion for a new trial, but appealed to this court before that motion was ruled upon by the trial court or by operation of law.”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001). “The judge remanded the legitimation and name-change proceedings to *830 the probate court, instructing the probate judge to comply with § 26-11-1 et seq. On November 30, 1998, the period lapsed for S.”
Coleman v. Sparkman, 370 So. 2d 977 (Ala. 1979). “Appellants contend that the trial judge erred by using the wrong test to determine legitimation. Their argument is that the trial judge’s use of the word “acknowledged” demonstrates that he did not use the correct test, which is whether Sumter Larkin “recognized” Alice as his…”
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