(a) A father of a bastard child may seek to legitimate it and render it 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 proposed to be legitimated, its sex, supposed age, and the name of mother and that he thereby recognizes it as his child and capable of inheriting his estate, real and personal, as if born in wedlock. The declaration, being acknowledged by the maker before the judge of probate of the county of the father’s residence or the child’s residence or its execution proved by the attesting witnesses, shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.
(b) Upon the filing of the declaration of legitimation, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the legitimation with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether legitimation is in the best interest of the child. The court shall issue an order of legitimation or denial of declaration of legitimation.
(c) Upon legitimation of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
(Code 1852, §2009; Code 1867, §2405; Code 1876, §2743; Code 1886, §2365; Code 1896, §365; Code 1907, §5200; Code 1923, §9300; Code 1940, T. 27, §11; Acts 1959, No. 640, p. 1555; Acts 1961, No. 802, p. 1165; Acts 1961, Ex. Sess., No. 175, p. 2136; Acts 1981, No. 81-800, p. 1407, §1.)
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1978–2026 · leading case:
Leonard v. Leonard, 360 So. 2d 710 (Ala. 1978).
Leonard v. Leonard, 360 So. 2d 710 (Ala. 1978).
· cites it 2× “In 1972, Leonard signed and recorded a declaration of legitimation in the Probate Court of Elmore County for each of these four children pursuant to Title 27, § 11, Code 1940, Recompiled *712 1958 (now § 26-11-2, Code 1975), which provides: "The father of a bastard child may…”
Everage v. Gibson, 372 So. 2d 829 (Ala. 1979).
· cites it 2× “Code 1975, § 26-11-2. The third situation is a "judicial determination of paternity.”
N.L.R. v. C.A.D., 863 So. 2d 1066 (Ala. 2003).
· cites it 3× “Ala.Code 1975, § 26-11-2. Those are the two purposes of this statute.”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001).
· cites it 2× “Contrary to §§ 26-11-2 and -3, the El-more County probate judge issued an ex parte order setting a hearing on November 10, 1998, on the petition for legitimation and request for a name change.”
B.E.B. v. H.M., 822 So. 2d 429 (Ala. Civ. App. 2001).
· cites it 2× “The parties also changed the child’s last name to that of the father on the new birth certificate.”
Russell v. Fuqua, 176 So. 3d 1224 (Ala. 2015).
· cites it 2× “[[Image here]] “Ala.Code 1975, § 26-11-2, provides that the father of a bastard child may seek to legitimate it and render the child capable of inheriting the father’s estate.”
Clemons v. Howard, 124 So. 3d 738 (Ala. Civ. App. 2013).
“Section 26-11-2 provides for legitimation of a child born out of wedlock by the father’s filing with the probate court of the father's or the child's residence a written declaration of legitimation attested by two witnesses.”
Hughes v. Hughes, 624 So. 2d 198 (Ala. Civ. App. 1993).
“Acting under the provisions of § 26-11-2, Code 1975, the court issued an order of legitimation.”
Baker v. Kennedy, 51 So. 3d 339 (Ala. Civ. App. 2010).
“In November 1999, Kennedy and the mother filed a declaration of legitimation in the Fayette County Probate Court, pursuant to § 26-11-2, Ala. Code 1975, alleging that Kennedy was the child’s father; the probate court subsequently issued an order of legitimation.”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001).
· cites it 4× “Contrary to §§ 26-11-2 and -3, the Elmore County probate judge issued an ex parte order setting a hearing on November 10, 1998, on the petition for legitimation and request for a name change.”
Ex Parte NLR, 863 So. 2d 1066 (Ala. 2003).
· cites it 3× “Ala.Code 1975, § 26-11-2. Those are the two purposes of this statute.”
— Ala. Code § 26-11-2(a) — 1 case
— Ala. Code § 26-11-2(b) — 2 cases
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001).
“Contrary to §§ 26-11-2 and -3, the El-more County probate judge issued an ex parte order setting a hearing on November 10, 1998, on the petition for legitimation and request for a name change.”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001).
“Contrary to §§ 26-11-2 and -3, the Elmore County probate judge issued an ex parte order setting a hearing on November 10, 1998, on the petition for legitimation and request for a name change.”
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