HB5 Alabama 2020 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2020

Title

Parental rights, provide that a conviction of a parent for rape or incest is a ground for termination of parental rights if the rape or incest resulted in the conception of the child, Sec. 12-15-319 am'd.

Summary

The bill requires juvenile courts to terminate a parent's rights if the parent commits certain sex crimes that result in the conception of a child and the parent cannot properly care for the child.

What This Bill Does

It amends Alabama law to mandate termination of parental rights when clear and convincing evidence shows a parent committed rape, incest, sodomy, sexual torture, or sexual abuse and that act led to the conception of a child. It specifically requires termination for parents convicted of first-degree rape, first-degree sodomy, or incest, and also for cases where those acts resulted in conception, based on the parent’s inability to properly care for the child. The court must still consider the usual factors, but these cases require termination.

Who It Affects

• Parents who commit rape (first degree), incest, or sodomy (first degree) and are found unable to properly care for a child; their parental rights would be terminated.
• Children conceived from those acts; their parental rights of the offending parent would be terminated and they may become wards of the state or other arrangements under state care.

Key Provisions

• Amends Section 12-15-319 to require termination of parental rights when clear and convincing evidence shows the parent committed rape, incest, sodomy, sexual torture, or sexual abuse and that conduct resulted in the conception of a child.
• Specifies automatic termination for a parent convicted of first-degree rape, first-degree sodomy, or incest, with a finding that the parent is unable to properly care for the child.
• In all such cases, the juvenile court must determine the parent cannot properly care for and discharge responsibilities to the child and terminate the parent's rights.
• Effective date: immediate upon passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Parental Rights