Code of Alabama
Ala. Code § 26-17-204 (2026)
Presumption of Paternity.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A man is presumed to be the father of a child if:
(1) he and the mother of the child are married to each other and the child is born during the marriage;
(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce;
(4) after the child’s birth, he and the child’s mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and:
(A) he has acknowledged his paternity of the child in writing, such writing being filed with the appropriate court or the Alabama Office of Vital Statistics; or
(B) with his consent, he is named as the child’s father on the child’s birth certificate; or
(C) he is otherwise obligated to support the child either under a written voluntary promise or by court order;
(5) while the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child or otherwise openly holds out the child as his natural child and establishes a significant parental relationship with the child by providing emotional and financial support for the child; or
(6) he legitimated the child in accordance with Chapter 11 of Title 26.
(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.
(Act 2008-376, p. 666, §2.)
Notes of Decisions
Cited in 58
cases (11 in the last 5 years), 2010–2026 · leading case: R.W. v. T.J., 89 So. 3d 744 (Ala. 2012).
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" § 26-17-204. Actions to establish parentage are governed by Ala.”
C.E.G. v. A.L.A., 194 So. 3d 950 (Ala. Civ. App. 2015). “The public-policy principles behind § 26-17-204 seek to protect the sanctity of such parental relationships over that of a party claiming only a biological connection with the child.”
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “As part of her argument on this issue, the mother contends that Kim-brell lacks standing to assert a "claim of paternity of the child born of her marriage to another man. In Alabama, a man lacks standing to assert a claim .”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “This is not permitted under the [AUPA], as long as there is a presumed father, pursuant to [former] § 26-17-5(a)(1) [now § 26-17-204], who has not disclaimed his status as the child’s father; consequently, another man .”
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “” § 26-17-204, Ala.Code 1975, In this case, it is undisputed that, at the time of the child’s birth, the mother was married to D.”
R.W. v. T.J., 74 So. 3d 447 (Ala. Civ. App. 2011). “The Uniform Comment to § 26-17-204 states that “courts may use the estoppel principles in § 608 in appropriate circumstances to deny requests for genetic testing in the interests of preserving a child’s ties to the presumed or acknowledged father who openly held himself out as…”
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “See Ala. Code § 26-17-204 (a)(1) (LexisNexis 2012) (“A man is presumed to be the father of a child if .”
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015). “Code Title 30, and the judicial decisions interpreting them; the presumption of paternity, Ala.Code § 26-17-204, and other rules for establishment of the parent-child relationship, Ala.”
L.R.B. v. Talladega Cnty. Dep't of Human Resources, 223 So. 3d 923 (Ala. Civ. App. 2016). “The presumed father’s presumption arose under Ala.Code 1975, § 26-17-204(a)(l), which states that “[a] man is presumed to be the father of a child if .”
Ex parte T.M., 210 So. 3d 614 (Ala. Civ. App. 2016). “is the presumed father of the child pursuant to § 26-17-204(a)(4), Ala.Code 1975, based on the identification of M.”
T.L. v. W.C.L., 203 So. 3d 66 (Ala. Civ. App. 2016). “At the evidentiary hearing on his motion, the father introduced evidence indicating that, at the time of the filing of the complaint, he had received the child into his home and had openly held the child out as his natural child such that he had become a presumed father of the…”
— Ala. Code § 26-17-204(5) — 1 case
A.A. v. C.H. & J.H. (Ala. Civ. App. 2026).
— Ala. Code § 26-17-204(a) — 13 cases
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" § 26-17-204. Actions to establish parentage are governed by Ala.”
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “This is not permitted under the [AUPA], as long as there is a presumed father, pursuant to [former] § 26-17-5(a)(1) [now § 26-17-204], who has not disclaimed his status as the child’s father; consequently, another man .”
K.R.W. v. S.E., 125 So. 3d 720 (Ala. Civ. App. 2013).
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “As part of her argument on this issue, the mother contends that Kim-brell lacks standing to assert a "claim of paternity of the child born of her marriage to another man. In Alabama, a man lacks standing to assert a claim .”
— Ala. Code § 26-17-204(a)(1) — 19 cases
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “See Ala. Code § 26-17-204 (a)(1) (LexisNexis 2012) (“A man is presumed to be the father of a child if .”
S.S. v. R.D., 258 So. 3d 340 (Ala. Civ. App. 2018).
D.B. v. A.K., 93 So. 3d 946 (Ala. Civ. App. 2012).
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “This is not permitted under the [AUPA], as long as there is a presumed father, pursuant to [former] § 26-17-5(a)(1) [now § 26-17-204], who has not disclaimed his status as the child’s father; consequently, another man .”
— Ala. Code § 26-17-204(a)(2) — 4 cases
M.S. v. S.P., 72 So. 3d 1250 (Ala. Civ. App. 2011).
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
Hadley v. Hadley, 202 So. 3d 699 (Ala. Civ. App. 2016).
Ex Parte Sp, 72 So. 3d 1250 (Ala. Civ. App. 2011).
— Ala. Code § 26-17-204(a)(3) — 2 cases
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
A.A. v. C.H. & J.H. (Ala. Civ. App. 2026).
— Ala. Code § 26-17-204(a)(4) — 8 cases
R.E. v. A.J. (in Re A.j.), 256 So. 3d 671 (Ala. Civ. App. 2018).
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “This is not permitted under the [AUPA], as long as there is a presumed father, pursuant to [former] § 26-17-5(a)(1) [now § 26-17-204], who has not disclaimed his status as the child’s father; consequently, another man .”
Ex parte T.M., 210 So. 3d 614 (Ala. Civ. App. 2016). “is the presumed father of the child pursuant to § 26-17-204(a)(4), Ala.Code 1975, based on the identification of M.”
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
M.J.M. v. R.M.B., 204 So. 3d 366 (Ala. Civ. App. 2016).
— Ala. Code § 26-17-204(a)(4)(B) — 5 cases
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “As part of her argument on this issue, the mother contends that Kim-brell lacks standing to assert a "claim of paternity of the child born of her marriage to another man. In Alabama, a man lacks standing to assert a claim .”
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “” § 26-17-204, Ala.Code 1975, In this case, it is undisputed that, at the time of the child’s birth, the mother was married to D.”
J.B.B. v. Alabama Dep't of Human Resources, 120 So. 3d 517 (Ala. Civ. App. 2013).
K.M.D. v. T.N.B., 189 So. 3d 71 (Ala. Civ. App. 2015).
Mack v. Mack, 180 So. 3d 44 (Ala. Civ. App. 2015).
— Ala. Code § 26-17-204(a)(5) — 19 cases
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
C.E.G. v. A.L.A., 194 So. 3d 950 (Ala. Civ. App. 2015). “The public-policy principles behind § 26-17-204 seek to protect the sanctity of such parental relationships over that of a party claiming only a biological connection with the child.”
R.W. v. T.J., 74 So. 3d 447 (Ala. Civ. App. 2011). “The Uniform Comment to § 26-17-204 states that “courts may use the estoppel principles in § 608 in appropriate circumstances to deny requests for genetic testing in the interests of preserving a child’s ties to the presumed or acknowledged father who openly held himself out as…”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" § 26-17-204. Actions to establish parentage are governed by Ala.”
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “As part of her argument on this issue, the mother contends that Kim-brell lacks standing to assert a "claim of paternity of the child born of her marriage to another man. In Alabama, a man lacks standing to assert a claim .”
— Ala. Code § 26-17-204(a)(6) — 2 cases
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
M.J.M. v. R.M.B., 204 So. 3d 366 (Ala. Civ. App. 2016).
— Ala. Code § 26-17-204(a)(l) — 11 cases
L.R.B. v. Talladega Cnty. Dep't of Human Resources, 223 So. 3d 923 (Ala. Civ. App. 2016). “The presumed father’s presumption arose under Ala.Code 1975, § 26-17-204(a)(l), which states that “[a] man is presumed to be the father of a child if .”
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “” § 26-17-204, Ala.Code 1975, In this case, it is undisputed that, at the time of the child’s birth, the mother was married to D.”
Ex parte T.M., 210 So. 3d 614 (Ala. Civ. App. 2016). “is the presumed father of the child pursuant to § 26-17-204(a)(4), Ala.Code 1975, based on the identification of M.”
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
K.R.W. v. S.E., 125 So. 3d 720 (Ala. Civ. App. 2013).
— Ala. Code § 26-17-204(b) — 8 cases
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “Section 26-17-204(b) provides that a presumption of paternity established under § 26-17-204 may be rebutted by an adjudication of paternity under § 26-17-601 et seq.”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" § 26-17-204. Actions to establish parentage are governed by Ala.”
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “As part of her argument on this issue, the mother contends that Kim-brell lacks standing to assert a "claim of paternity of the child born of her marriage to another man. In Alabama, a man lacks standing to assert a claim .”
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “” § 26-17-204, Ala.Code 1975, In this case, it is undisputed that, at the time of the child’s birth, the mother was married to D.”
J.S.M. v. Cleburne Cnty. Dep't of Human Resources, 140 So. 3d 484 (Ala. Civ. App. 2013).
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