Code of Alabama
Ala. Code § 26-17-11 (2026)
Parties; Representation of Minor Child; Aligning Parties.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §11.)
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1987–2025 · leading case: J.o.j., Sr. v. R.R., 895 So. 2d 336 (Ala. Civ. App. 2004).
J.o.j., Sr. v. R.R., 895 So. 2d 336 (Ala. Civ. App. 2004). “The biological father argues on appeal, as he did in the circuit court, that the circuit court should have appointed an administrator ad litem to represent the husband’s estate and should have made the husband’s estate a party to the action, as required by Ala.Code 1975, §…”
State ex rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990). “Consequently, since we have found that the husband should have been made a party defendant under § 26-17-11, we find that the mother was statutorily entitled to have the blood tests conducted and that the trial court erred in refusing to so order.”
J.W. v. C.H., 988 So. 2d 560 (Ala. Civ. App. 2007). “is a necessary party to any paternity action regarding the child, pursuant to § 26-17-11. Based on these Code sections, we conclude that J.”
J.W. v. C.H., 963 So. 2d 114 (Ala. Civ. App. 2007). “Section 26-17-11, Ala.Code 1975, provides, in pertinent part: “The natural mother, each man presumed to be the father under the provisions of Section 26-17-5, and each man alleged to be the natural father, shall be made parties or, if not subject to the jurisdiction of the…”
J.w.j., Jr. v. P.K.R., 906 So. 2d 182 (Ala. Civ. App. 2005). “, the parents of the child, in a 2001 paternity action brought by the father.”
State ex rel. S.N. v. W.Y., 605 So. 2d 1175 (Ala. 1992). “Section 26-17-11 provides that if a minor child is “made a party to the action,” then “he shall be represented by his general guardian or a guardian ad litem appointed by the court, if not otherwise represented by counsel.”
State ex rel. S.N. v. W.Y., 587 So. 2d 420 (Ala. Civ. App. 1991). “Section 26-17-11, Code 1975, the Uniform Parentage Act, provides, in pertinent part, the following: “The child may be made a party to the action.”
S.C.G. v. J.G.Y., 794 So. 2d 399 (Ala. Civ. App. 2000). “Section 26-17A-1 does not, in the mother’s case, provide an exception to the doctrine of res judicata.”
E.J.B. v. State ex rel. A.C., 669 So. 2d 992 (Ala. Civ. App. 1995). “, as an indispensable party, pursuant to § 26-17-11, Ala.Code 1975. When there is a judgment holding that the presumed father is actually not the father, thereby rebutting the presumption of paternity under § 26-17-5, Ala.”
Joj, Sr. v. Rr, 895 So. 2d 336 (Ala. Civ. App. 2004). “The biological father argues on appeal, as he did in the circuit court, that the circuit court should have appointed an administrator ad litem to represent the husband's estate and should have made the husband's estate a party to the action, as required by Ala.Code 1975, §…”
Ex Parte WY, 605 So. 2d 1175 (Ala. 1992). “Section 26-17-11 provides that if a minor child is "made a party to the action," then "he shall be represented by his general guardian or a guardian ad litem appointed by the court, if not otherwise represented by counsel.”
State ex rel. Snow v. Armstrong, 508 So. 2d 266 (Ala. 1987). “The interests of a child in the determination of paternity are protected by the provisions of Code 1975, § 26-17-11: “The child may be made a party to the action.”
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