Code of Alabama
Ala. Code § 26-17-607 (2026)
Action to Disprove Parentage When There Is a Presumed Father.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. 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 33
cases (3 in the last 5 years), 2010–2026 · leading case: J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015).
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man,” § 26-17-607, Ala.Code 1975 (emphasis added).”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “In addition, in that July 16, 2012, order, the trial court specifically found that, although DNA testing had revealed that the husband was not the biological father of the child, the husband was “persisting in his status as the legal father, and, therefore, under § 26-17-607,…”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" However, the right to maintain a paternity action is specifically made subject to the provisions of § 26-17-607, which states: "(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time.”
L.R.B. v. Talladega Cnty. Dep't of Human Resources, 223 So. 3d 923 (Ala. Civ. App. 2016). “Ala.Code 1975, § 26-17-607; Ex parte Presse, 554 So.”
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “The rule embodied in § 26-17-204 and § 26-17-607(a) is a substantive rule of law as to who is to be deemed the legal father.”
C.E.G. v. A.L.A., 194 So. 3d 950 (Ala. Civ. App. 2015). “On June 4, 2014, the trial court conducted a hearing during which it received testimony from the parties.”
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “This argument is disallowed under § 26-17-607(a), Ala.Code 1975, which states, in pertinent part, ‘If the presumed father ([Kimbrell] in this case) persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to…”
K.R.W. v. S.E., 125 So. 3d 720 (Ala. Civ. App. 2013). “However, § 26-17-602 is limited in application by §§ 26-17-607 and 26-17-609, Aa.Code 1975, which restrict who has standing to seek an adjudication of paternity.”
Ex parte T.M., 210 So. 3d 614 (Ala. Civ. App. 2016). “Thus, the mother asserted, the alleged father was precluded from pursuing a paternity action under § 26-17-607(a), Ala.Code 1975. Section 26-17-607(a) provides, in part, that, “[i]f the presumed father persists in his status as the legal father of a child, neither the mother nor…”
S.S. v. R.D., 258 So. 3d 340 (Ala. Civ. App. 2018). “In the final paragraph of the judgment, the juvenile court also awards an attorney fee to the presumed father's appointed attorney, mentioning the presumed father by name. In its judgment, the juvenile court makes no express determination regarding paternity.”
M.S. v. S.P., 72 So. 3d 1250 (Ala. Civ. App. 2011). “Code 1975, § 26-17-602, any interested party may bring an action to establish paternity, limitations in Ala.Code 1975, §§ 26-17-607 and 26-17-609, restrict standing to seek an adjudication of paternity in specific instances.”
D.B. v. A.K., 93 So. 3d 946 (Ala. Civ. App. 2012). “” Ala.Code 1975, § 26-17-607(a). This court has held, however, that “a man seeking to establish paternity of a child born during the mother’s marriage to another man must be given the opportunity to establish standing in an evi-dentiary hearing where he and others may *949…”
— Ala. Code § 26-17-607(a) — 31 cases
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man,” § 26-17-607, Ala.Code 1975 (emphasis added).”
C.E.G. v. A.L.A., 194 So. 3d 950 (Ala. Civ. App. 2015). “On June 4, 2014, the trial court conducted a hearing during which it received testimony from the parties.”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “In addition, in that July 16, 2012, order, the trial court specifically found that, although DNA testing had revealed that the husband was not the biological father of the child, the husband was “persisting in his status as the legal father, and, therefore, under § 26-17-607,…”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" However, the right to maintain a paternity action is specifically made subject to the provisions of § 26-17-607, which states: "(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time.”
L.R.B. v. Talladega Cnty. Dep't of Human Resources, 223 So. 3d 923 (Ala. Civ. App. 2016). “Ala.Code 1975, § 26-17-607; Ex parte Presse, 554 So.”
— Ala. Code § 26-17-607(a)(1) — 1 case
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “In addition, in that July 16, 2012, order, the trial court specifically found that, although DNA testing had revealed that the husband was not the biological father of the child, the husband was “persisting in his status as the legal father, and, therefore, under § 26-17-607,…”
— Ala. Code § 26-17-607(b) — 9 cases
R.W. v. T.J., 89 So. 3d 744 (Ala. 2012). “The rule embodied in § 26-17-204 and § 26-17-607(a) is a substantive rule of law as to who is to be deemed the legal father.”
D.I. v. I.G., 262 So. 3d 651 (Ala. Civ. App. 2018). “" However, the right to maintain a paternity action is specifically made subject to the provisions of § 26-17-607, which states: "(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time.”
J.O.J. v. R.M., 205 So. 3d 726 (Ala. Civ. App. 2015). “The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man,” § 26-17-607, Ala.Code 1975 (emphasis added).”
Kimbrell v. Kimbrell, 180 So. 3d 30 (Ala. Civ. App. 2015). “This argument is disallowed under § 26-17-607(a), Ala.Code 1975, which states, in pertinent part, ‘If the presumed father ([Kimbrell] in this case) persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to…”
D.F.H. v. J.D.G., 125 So. 3d 146 (Ala. Civ. App. 2013). “In addition, in that July 16, 2012, order, the trial court specifically found that, although DNA testing had revealed that the husband was not the biological father of the child, the husband was “persisting in his status as the legal father, and, therefore, under § 26-17-607,…”
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