Code of Alabama
Ala. Code § 26-17-5 (2026)
Presumption of Paternity; Rebuttal.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §5; Acts 1994, No. 94-705, p. 1362, §1.)
Notes of Decisions
Cited in 102
cases (1 in the last 5 years), 1987–2025 · leading case: Ex Parte Presse, 554 So. 2d 406 (Ala. 1989).
Ex Parte Presse, 554 So. 2d 406 (Ala. 1989). “"(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
Ex Parte Jenkins, 723 So. 2d 649 (Ala. 1998). “Section 26-17-6(a) and (b) provide: "(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action within five years of the birth of the child for the purpose of declaring the…”
Ex Parte Univ. of South Alabama, 541 So. 2d 535 (Ala. 1989). “"(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
J.o.j., Sr. v. R.R., 895 So. 2d 336 (Ala. Civ. App. 2004). “The provisions of the AUPA pertinent to this particular case are §§ 26-17-5 and 26-17-6, which state the circumstances under which a man can be presumed to be the father of a child and which provide who can bring an action to establish paternity of a child, respectively.”
Tierce v. Ellis, 624 So. 2d 553 (Ala. 1993). “Pursuant to Ala.Code 1975, § 26-17-5(a)(1), William was presumed to be Dennis Ray's father, because William had been married to Dennis Ray's mother and Dennis Ray was born "within 300 days after the marriage [was] terminated by .”
P.G. v. G.H., 857 So. 2d 823 (Ala. Civ. App. 2002). ““(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
J.w.o v. C.A.P., 683 So. 2d 1010 (Ala. 1996). “2d at 412 , the Court held that the “public policy considerations” on which a husband is presumed to be the father of the wife’s child are weightier than the other presumptions under § 26-17-5: “[I]t is not logical that two men could be presumed to be the child’s father.”
State Ex Rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990). “Section 26-17-11 provides, in pertinent part, as follows: "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 court,…”
W.D.R. v. H.M., 897 So. 2d 327 (Ala. Civ. App. 2004). “Section 26-17-5 reads, in pertinent part: "(a) A man is presumed to be the natural father of a child if any of the following apply: [[Image here]] "(2) Before the child's birth he and the child’s natural mother have attempted to mariy each other by a marriage solemnized in…”
J.W. v. C.H., 988 So. 2d 560 (Ala. Civ. App. 2007). “Analysis Section 26-17-5, Ala.Code 1975, addresses the manner in which a presumption of paternity may arise.”
Presse v. Koenemann, 554 So. 2d 403 (Ala. Civ. App. 1988). “Section 26-17-5(a) sets out the circumstances where a man is presumed to be the natural father of a child, and § 26-17-5(b) states that a presumption of paternity under the above section may be rebutted only by clear and convincing evidence.”
J.W.O. v. C.A.P., 683 So. 2d 1004 (Ala. Civ. App. 1996). “In pertinent part, § 26-17-5 addresses the presumption of paternity as follows: “(a) A man is presumed to be the natural father of a child if any of the following apply: “(1) He and the child’s natural mother are or have been married to each other and the child is born during…”
— Ala. Code § 26-17-5(a) — 45 cases
Ex Parte Presse, 554 So. 2d 406 (Ala. 1989). “"(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
Ex Parte Jenkins, 723 So. 2d 649 (Ala. 1998). “Section 26-17-6(a) and (b) provide: "(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action within five years of the birth of the child for the purpose of declaring the…”
Ex Parte Univ. of South Alabama, 541 So. 2d 535 (Ala. 1989). “"(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
M.E.T. v. M.F., 892 So. 2d 393 (Ala. Civ. App. 2003).
P.G. v. G.H., 857 So. 2d 823 (Ala. Civ. App. 2002). ““(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
— Ala. Code § 26-17-5(a)(1) — 47 cases
Ex Parte Jenkins, 723 So. 2d 649 (Ala. 1998). “Section 26-17-6(a) and (b) provide: "(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action within five years of the birth of the child for the purpose of declaring the…”
Tierce v. Ellis, 624 So. 2d 553 (Ala. 1993). “Pursuant to Ala.Code 1975, § 26-17-5(a)(1), William was presumed to be Dennis Ray's father, because William had been married to Dennis Ray's mother and Dennis Ray was born "within 300 days after the marriage [was] terminated by .”
B.J.K.A. v. Cleburne Cnty. Dep't of Human Resources, 28 So. 3d 765 (Ala. Civ. App. 2009).
State Ex Rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990). “Section 26-17-11 provides, in pertinent part, as follows: "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 court,…”
P.D.S. v. Marshall Cnty. Dep't of Human Resources, 32 So. 3d 1288 (Ala. Civ. App. 2009).
— Ala. Code § 26-17-5(a)(2) — 2 cases
W.D.R. v. H.M., 897 So. 2d 327 (Ala. Civ. App. 2004). “Section 26-17-5 reads, in pertinent part: "(a) A man is presumed to be the natural father of a child if any of the following apply: [[Image here]] "(2) Before the child's birth he and the child’s natural mother have attempted to mariy each other by a marriage solemnized in…”
Wdr v. Hm, 897 So. 2d 327 (Ala. Civ. App. 2004).
— Ala. Code § 26-17-5(a)(3) — 5 cases
Ex Parte Jones, 896 So. 2d 553 (Ala. Civ. App. 2004).
Baker v. Kennedy, 51 So. 3d 339 (Ala. Civ. App. 2010).
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013).
O.L.D. v. J.C., 769 So. 2d 299 (Ala. Civ. App. 1999).
Old v. Jc, 769 So. 2d 299 (Ala. Civ. App. 1999).
— Ala. Code § 26-17-5(a)(4) — 24 cases
J.W. v. C.H., 988 So. 2d 560 (Ala. Civ. App. 2007). “Analysis Section 26-17-5, Ala.Code 1975, addresses the manner in which a presumption of paternity may arise.”
E.S.R. v. Madison Cnty. Dep't of Human Resources, 11 So. 3d 227 (Ala. Civ. App. 2008).
Presse v. Koenemann, 554 So. 2d 403 (Ala. Civ. App. 1988). “Section 26-17-5(a) sets out the circumstances where a man is presumed to be the natural father of a child, and § 26-17-5(b) states that a presumption of paternity under the above section may be rebutted only by clear and convincing evidence.”
J.W. v. C.H., 963 So. 2d 114 (Ala. Civ. App. 2007).
W.D.R. v. H.M., 897 So. 2d 327 (Ala. Civ. App. 2004). “Section 26-17-5 reads, in pertinent part: "(a) A man is presumed to be the natural father of a child if any of the following apply: [[Image here]] "(2) Before the child's birth he and the child’s natural mother have attempted to mariy each other by a marriage solemnized in…”
— Ala. Code § 26-17-5(a)(5) — 3 cases
Baker v. Kennedy, 51 So. 3d 339 (Ala. Civ. App. 2010).
J.P.C. v. O.C.B., 797 So. 2d 485 (Ala. Civ. App. 2000).
Jpc v. Ocb, 797 So. 2d 485 (Ala. Civ. App. 2000).
— Ala. Code § 26-17-5(a)(6) — 4 cases
J.W. v. C.H., 988 So. 2d 560 (Ala. Civ. App. 2007). “Analysis Section 26-17-5, Ala.Code 1975, addresses the manner in which a presumption of paternity may arise.”
M.M. v. D.P., 10 So. 3d 605 (Ala. Civ. App. 2008).
Mm v. Dp, 10 So. 3d 605 (Ala. Civ. App. 2008).
Mm v. Dp, 37 So. 3d 179 (Ala. Civ. App. 2009).
— Ala. Code § 26-17-5(a)(l) — 26 cases
J.w.o v. C.A.P., 683 So. 2d 1010 (Ala. 1996). “2d at 412 , the Court held that the “public policy considerations” on which a husband is presumed to be the father of the wife’s child are weightier than the other presumptions under § 26-17-5: “[I]t is not logical that two men could be presumed to be the child’s father.”
W.D.R. v. H.M., 897 So. 2d 327 (Ala. Civ. App. 2004). “Section 26-17-5 reads, in pertinent part: "(a) A man is presumed to be the natural father of a child if any of the following apply: [[Image here]] "(2) Before the child's birth he and the child’s natural mother have attempted to mariy each other by a marriage solemnized in…”
D.S.M. v. L.M. & D.M., 854 So. 2d 1140 (Ala. Civ. App. 2002).
S.J.S. v. B.R., 949 So. 2d 941 (Ala. Civ. App. 2006).
J.W.O. v. C.A.P., 683 So. 2d 1004 (Ala. Civ. App. 1996). “In pertinent part, § 26-17-5 addresses the presumption of paternity as follows: “(a) A man is presumed to be the natural father of a child if any of the following apply: “(1) He and the child’s natural mother are or have been married to each other and the child is born during…”
— Ala. Code § 26-17-5(b) — 25 cases
Ex Parte Presse, 554 So. 2d 406 (Ala. 1989). “"(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
Tierce v. Ellis, 624 So. 2d 553 (Ala. 1993). “Pursuant to Ala.Code 1975, § 26-17-5(a)(1), William was presumed to be Dennis Ray's father, because William had been married to Dennis Ray's mother and Dennis Ray was born "within 300 days after the marriage [was] terminated by .”
Ex Parte Jenkins, 723 So. 2d 649 (Ala. 1998). “Section 26-17-6(a) and (b) provide: "(a) A child, a child's natural mother, or a man presumed to be the child's father under subdivision (1), (2), or (3) of Section 26-17-5(a), may bring an action within five years of the birth of the child for the purpose of declaring the…”
Presse v. Koenemann, 554 So. 2d 403 (Ala. Civ. App. 1988). “Section 26-17-5(a) sets out the circumstances where a man is presumed to be the natural father of a child, and § 26-17-5(b) states that a presumption of paternity under the above section may be rebutted only by clear and convincing evidence.”
P.G. v. G.H., 857 So. 2d 823 (Ala. Civ. App. 2002). ““(c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 26-17-5 may be brought by the child, the mother, or personal representative of the child, the public authority chargeable by law with…”
— Ala. Code § 26-17-5(c) — 2 cases
J.P.C. v. O.C.B., 797 So. 2d 485 (Ala. Civ. App. 2000).
Jpc v. Ocb, 797 So. 2d 485 (Ala. Civ. App. 2000).
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