(a) An acknowledgment of paternity must:
(1) be in a record filed with the Alabama Office of Vital Statistics;
(2) be signed, and notarized, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) state that the child whose paternity is being acknowledged:
(A) does not have a presumed father or the man executing the acknowledgment is the presumed father; and
(B) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the acknowledgment shall be considered a legal finding of paternity of the child and that a challenge to the acknowledgment is permitted only as provided in this chapter.
(b) A presumed father may sign an acknowledgment of paternity which must be notarized.
(Act 2008-376, p. 666, §2.)
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2014–2023 · leading case:
S.T. v. K.P., 149 So. 3d 1089 (Ala. Civ. App. 2014).
S.T. v. K.P., 149 So. 3d 1089 (Ala. Civ. App. 2014).
· cites it 3× “See Alabama Comments to § 26-17-302 and § 26-17-305(a), Ala.Code 1975 (both noting that Article 3 of the AUPA uses the phrase “legal finding” rather than “adjudication” to reflect the nonjudicial nature of the manner in which paternity is established under Article 3); see also §…”
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
· cites it 2× “We note that the trial court concluded that the husband had signed an "Acknowledgment of Paternity.”
M.J.M. v. R.M.B., 204 So. 3d 366 (Ala. Civ. App. 2016).
“” § 26-17-302(a)(5), Ala.Code 1975; see also Ex parte S.”
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
· cites it 2× “We note that the trial court concluded that the husband had signed an "Acknowledgment of Paternity.”
Mack v. Mack, 180 So. 3d 44 (Ala. Civ. App. 2015).
· cites it 5× “by virtue of that affidavit because it does not constitute a valid acknowledgment of paternity pursuant to § 26-17-302, Ala.Code 1975. More specifically, 'the husband argued that the affidavit is not a valid acknowledgment of paternity because, he said, it does not state (1).”
A.L.E. v. B.W. (in Re B.w.), 257 So. 3d 334 (Ala. Civ. App. 2018).
· cites it 2× “Section 26-17-302(a), Ala. Code 1975, part of Article 3 of the AUPA, provides the requirements for a valid acknowledgment of paternity: "An acknowledgment of paternity must: "(1) be in a record filed with the Alabama Office of Vital Statistics; "(2) be signed, and notarized,…”
C.L.R. v. M.B.M. & R.M. (Ala. Civ. App. 2023).
“An acknowledgment, in compliance with the form set forth in § 26-17-302 and § 26-17-312, Ala. Code 1975,2 2Section 26-17-302, Ala.”
Ala. Code § 26-17-302(a): 3 cases
S.T. v. K.P., 149 So. 3d 1089 (Ala. Civ. App. 2014).
“See Alabama Comments to § 26-17-302 and § 26-17-305(a), Ala.Code 1975 (both noting that Article 3 of the AUPA uses the phrase “legal finding” rather than “adjudication” to reflect the nonjudicial nature of the manner in which paternity is established under Article 3); see also §…”
A.L.E. v. B.W. (in Re B.w.), 257 So. 3d 334 (Ala. Civ. App. 2018).
“Section 26-17-302(a), Ala. Code 1975, part of Article 3 of the AUPA, provides the requirements for a valid acknowledgment of paternity: "An acknowledgment of paternity must: "(1) be in a record filed with the Alabama Office of Vital Statistics; "(2) be signed, and notarized,…”
Mack v. Mack, 180 So. 3d 44 (Ala. Civ. App. 2015).
“by virtue of that affidavit because it does not constitute a valid acknowledgment of paternity pursuant to § 26-17-302, Ala.Code 1975. More specifically, 'the husband argued that the affidavit is not a valid acknowledgment of paternity because, he said, it does not state (1).”
Ala. Code § 26-17-302(a)(4): 1 case
A.L.E. v. B.W. (in Re B.w.), 257 So. 3d 334 (Ala. Civ. App. 2018).
“Section 26-17-302(a), Ala. Code 1975, part of Article 3 of the AUPA, provides the requirements for a valid acknowledgment of paternity: "An acknowledgment of paternity must: "(1) be in a record filed with the Alabama Office of Vital Statistics; "(2) be signed, and notarized,…”
Ala. Code § 26-17-302(a)(5): 1 case
M.J.M. v. R.M.B., 204 So. 3d 366 (Ala. Civ. App. 2016).
“” § 26-17-302(a)(5), Ala.Code 1975; see also Ex parte S.”
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