HB 126

Under existing law, a man is presumed to be the father of a child if he and the mother of the child are married to each other and the child is born during the marriage. If the presumed father persists in his status as the legal father of a child, neither the mother or any other individual may maintain an action to disprove paternity

This bill would enable a man who is not the presumed father of a child but who believes himself to be that child's biological father to petition the court for blood testing to challenge the presumption of paternity

Relating to the presumption of paternity; to amend Section 26-17-607, Code of Alabama 1975, to enable a man who is not the presumed father of a child but who believes himself to be that child's biological father to petition the court for blood testing to make an establishment of paternity.

Section 1

Section 26-17-607, Code of Alabama 1975, is amended to read as follows:

§26-17-607.

(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. If a man who is not the presumed father of a child believes himself to be that child's biological father and disputes the presumed father's paternity of that child, the court, upon motion to the court by that man, may order genetic blood testing of that man, the child, and the presumed father in order to make an establishment of 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."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.