HB38 Alabama 2018 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2018

Title

Parental rights of any person committing rape terminated, Sec. 12-15-319 am'd.

Summary

HB 38 would allow termination of parental rights for a person who commits first-degree rape if that rape results in the conception of the child.

What This Bill Does

It amends Section 12-15-319 to add a new ground for terminating parental rights: a conviction for first-degree rape when the rape results in conception. The juvenile court could terminate parental rights if clear and convincing evidence shows the parents are unable or unwilling to care for the child, considering existing factors plus this new one. If terminated, the rapist parent would lose legal rights to the child, affecting future custody or guardianship arrangements.

Who It Affects

• Parents who commit first-degree rape and whose rape results in the conception of a child — they could have their parental rights terminated if the court finds they cannot or will not care for the child.
• Children conceived from such rape — they could lose the legal relationship with that parent if parental rights are terminated, leading to other custody or guardianship arrangements.

Key Provisions

• Adds a new ground to terminate parental rights: conviction for first-degree rape if the rape results in conception (new factor 13) under Section 12-15-319.
• Establishes the act's effective date as the first day of the third month after passage and governor 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

Children