(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that:
(1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
(b) When determining whether to deny the complaint, the court shall consider the following factors:
(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) the facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;
(4) the nature of the relationship between the child and the presumed or acknowledged father;
(5) the age of the child;
(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) the nature of the relationship between the child and any alleged father;
(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(Act 2008-376, p. 666, §2.)
Notes of Decisions
Cited in
6
cases, 2011–2018 · leading case:
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
· cites it 12× “§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
· cites it 12× “§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
R.W. v. T.J., 74 So. 3d 447 (Ala. Civ. App. 2011).
· cites it 2× “” An examination of the Uniform Comment to Ala.Code 1975, § 26-17-608, further bolsters the conclusion that the presumption under § 26-17-204(a)(5) does not require the man seeking to establish the presumption to actually believe that he is, indeed, the biological or genetic…”
Clemons v. Howard, 124 So. 3d 738 (Ala. Civ. App. 2013).
“said, § 26-17-608, Ala.Code 1975, which is also a part of the 2008 AUPA, requires that the man whose paternity is to be adjudicated under the 2008 AUPA must be joined as a party to the proceeding and Raymond could not be joined as a party because he had died in 1975.”
Ex Parte TJ, 74 So. 3d 447 (Ala. Civ. App. 2011).
· cites it 2× “" An examination of the Uniform Comment to Ala.Code 1975, § 26-17-608, further bolsters the conclusion that the presumption under § 26-17-204(a)(5) does not require the man seeking to establish the presumption to actually believe that he is, indeed, the biological or genetic…”
Mack v. Mack, 180 So. 3d 44 (Ala. Civ. App. 2015).
· cites it 2× “We note that § 26-17-608, Ala.Code 1975, provides that a trial court may determine that a presumed father is estopped from denying that he is the father of a child and specifies criteria for the trial court to consider in making that determination.”
— Ala. Code § 26-17-608(b)(2) — 2 cases
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
“§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
“§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
— Ala. Code § 26-17-608(b)(4) — 2 cases
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
“§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
G.R.B. v. L.J.B., 260 So. 3d 833 (Ala. Civ. App. 2018).
“§ 26-17-608 of the Alabama Code [1975,] which serves to Estopp [sic] the denial of paternity based on several factors enumerated in the statute.”
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