Code of Alabama
Ala. Code § 26-17-9 (2026)
Nature of Actions; Rules of Procedure; Who May Testify; Other Evidence; Joinder; Pleadings; Enforcement of Support Under Criminal Code.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §9.)
Notes of Decisions
Cited in 19
cases, 1987–2012 · leading case: State ex rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990).
State ex rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990). “Ala.Code 1975, § 26-17-9(b); Finkenbinder, 452 So.”
Ex parte Jenkins, 723 So. 2d 649 (Ala. 1998). “" Ala.Code 1975, § 26-17-9(a). We conclude that § 26-17A-1 applies to allow a court to reopen any judgment of paternity, whether entered pursuant to a paternity action, a divorce action, or some other action.”
J.H.B. v. S.E.B., 668 So. 2d 15 (Ala. Civ. App. 1994). “However, § 26-17-9(a) of the AUPA provides that an action for paternity may be joined with an action for divorce.”
Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012). “Section 26-17-9(d), Ala.Code 1975, provided, and still provides, in pertinent part, that a child’s mother may file ‘[a] complaint for nonsupport of [the] child .”
A.B. v. J.B., 40 So. 3d 723 (Ala. Civ. App. 2009). “alleging sufficient facts that the defendant owes a duty of support, provided, that support payments have not been ordered previously pursuant to a decree of divorce.”
C.V. v. J.M.J., 810 So. 2d 700 (Ala. 2001). “Section 26-17-9(b), a part of that Act, provides that an action to determine paternity may be commenced upon the complaint of any female who is pregnant or who is the mother of a child.”
Ex parte Conway, 720 So. 2d 889 (Ala. 1998). “) [2] Ala.Code 1975, § 26-17-9(a), provides that paternity actions under the Alabama Uniform Parentage Act may be part of a divorce proceeding.”
S.E.B. v. J.H.B., 605 So. 2d 1230 (Ala. Civ. App. 1992). “See also § 26-17-9(b), Ala.Code 1975. In actions involving a paternity determination, blood tests of “the mother, child, and defendant” are mandatory upon demand by the defendant “or any other party.”
C.L.D. v. D.D., 575 So. 2d 1140 (Ala. Civ. App. 1991). “” Also, § 26-17-9(a) provides that an AUPA action “may be joined with an action for divorce.”
H.O. v. C.S., 586 So. 2d 23 (Ala. Civ. App. 1991). “The fact is, in the instant case the child was represented by a guardian ad litem, and therefore the requirements of Ex parte Martin were satisfied in that the child’s interests were protected. The Uniform Parentage Act allows a woman who has had a child by a man other than her…”
State ex rel. Snow v. Armstrong, 508 So. 2d 266 (Ala. 1987). “Since an action under the AUPA “is a civil action governed by the rules of civil procedure,” *269 Code 1975, § 26-17-9(a), the concern that a putative father may be subjected to a multiplicity of lawsuits is diminished, because joinder and intervention are available under our…”
Conway v. State ex rel. Dep't of Human Resources, 720 So. 2d 889 (Ala. 1998). “Ala.Code 1975, § 26-17-9(a), provides that paternity actions under the Alabama Uniform Parentage Act may be part of a divorce proceeding.”
Ala. Code § 26-17-9(a): 9 cases
Ex parte Jenkins, 723 So. 2d 649 (Ala. 1998). “" Ala.Code 1975, § 26-17-9(a). We conclude that § 26-17A-1 applies to allow a court to reopen any judgment of paternity, whether entered pursuant to a paternity action, a divorce action, or some other action.”
J.H.B. v. S.E.B., 668 So. 2d 15 (Ala. Civ. App. 1994). “However, § 26-17-9(a) of the AUPA provides that an action for paternity may be joined with an action for divorce.”
Ex parte Conway, 720 So. 2d 889 (Ala. 1998). “) [2] Ala.Code 1975, § 26-17-9(a), provides that paternity actions under the Alabama Uniform Parentage Act may be part of a divorce proceeding.”
C.L.D. v. D.D., 575 So. 2d 1140 (Ala. Civ. App. 1991). “” Also, § 26-17-9(a) provides that an AUPA action “may be joined with an action for divorce.”
Conway v. State ex rel. Dep't of Human Resources, 720 So. 2d 889 (Ala. 1998). “Ala.Code 1975, § 26-17-9(a), provides that paternity actions under the Alabama Uniform Parentage Act may be part of a divorce proceeding.”
Ala. Code § 26-17-9(b): 6 cases
State ex rel. Goodno v. Cobb, 567 So. 2d 376 (Ala. Civ. App. 1990). “Ala.Code 1975, § 26-17-9(b); Finkenbinder, 452 So.”
C.V. v. J.M.J., 810 So. 2d 700 (Ala. 2001). “Section 26-17-9(b), a part of that Act, provides that an action to determine paternity may be commenced upon the complaint of any female who is pregnant or who is the mother of a child.”
S.E.B. v. J.H.B., 605 So. 2d 1230 (Ala. Civ. App. 1992). “See also § 26-17-9(b), Ala.Code 1975. In actions involving a paternity determination, blood tests of “the mother, child, and defendant” are mandatory upon demand by the defendant “or any other party.”
H.O. v. C.S., 586 So. 2d 23 (Ala. Civ. App. 1991). “The fact is, in the instant case the child was represented by a guardian ad litem, and therefore the requirements of Ex parte Martin were satisfied in that the child’s interests were protected. The Uniform Parentage Act allows a woman who has had a child by a man other than her…”
Ex Parte CV, 810 So. 2d 700 (Ala. 2001).
Ala. Code § 26-17-9(c): 1 case
State ex rel. Snow v. Armstrong, 508 So. 2d 266 (Ala. 1987). “Since an action under the AUPA “is a civil action governed by the rules of civil procedure,” *269 Code 1975, § 26-17-9(a), the concern that a putative father may be subjected to a multiplicity of lawsuits is diminished, because joinder and intervention are available under our…”
Ala. Code § 26-17-9(d): 4 cases
Hein v. Fuller, 93 So. 3d 961 (Ala. Civ. App. 2012). “Section 26-17-9(d), Ala.Code 1975, provided, and still provides, in pertinent part, that a child’s mother may file ‘[a] complaint for nonsupport of [the] child .”
A.B. v. J.B., 40 So. 3d 723 (Ala. Civ. App. 2009). “alleging sufficient facts that the defendant owes a duty of support, provided, that support payments have not been ordered previously pursuant to a decree of divorce.”
Pyw v. Guw, 858 So. 2d 265 (Ala. Civ. App. 2003).
Ab v. Jb, 40 So. 3d 723 (Ala. Civ. App. 2009).
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