HB126 Alabama 2018 Session

Summary

Primary Sponsor

Kerry Rich

Republican

Session

Regular Session 2018

Title

Children, paternity, to enable a man to challenge presumption of paternity if he believes he is the biological father of a child, Sec. 26-17-607 am'd.

Summary

This bill lets a man who believes he is the child’s biological father petition for genetic testing to challenge the current paternity presumption.

What This Bill Does

It amends the paternity law to allow a man who is not the presumed father to request court-ordered genetic testing of himself, the child, and the presumed father to establish paternity. The court may grant testing upon the non-presumed father’s motion, while the presumed father can still try to disprove paternity. A determination can be overturned only if there is clear and convincing evidence, and if another man is found to be the father, the presumption is rebutted. The act becomes effective on the first day of the third month after it passes and is approved.

Who It Affects

• Non-presumed biological fathers who believe they are the child’s biological father and want testing to establish paternity
• Presumed fathers, who may have their paternity challenged by testing or by new paternity findings
• Children, whose legal paternity and related rights or obligations may be affected by a change in paternity
• Mothers, who may participate in testing and subsequent legal actions related to paternity

Key Provisions

• Amends Section 26-17-607 to allow a non-presumed father to petition for blood testing to establish paternity
• Authorizes the court to order genetic testing of the non-presumed father, the child, and the presumed father to determine paternity
• Maintains the presumed father’s ability to disprove paternity, with testing providing evidence to establish paternity if applicable
• Paternity can be rebutted only by clear and convincing evidence; conflicting presumptions are resolved by weightier public policy and logic
• If another man is established as the father, the presumption is rebutted by court decree
• Effective date: first day of the third month after passage and approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Paternity