HB426 Alabama 2021 Session

Summary

Primary Sponsor

Tim WadsworthRepresentative

Republican

Session

Regular Session 2021

Title

Family law, provide further for establishing paternity for a child, Sec. 26-17-204 am'd.

Summary

HB426 changes paternity rules by making the mother's husband’s paternity presumption rebuttable in certain situations and allows the alleged father to petition to establish paternity.

What This Bill Does

It adds a condition under which the presumed father (the mother's husband) can be challenged: if the mother, while married, misrepresents her status before conception and the alleged father has treated the child as his own during the pregnancy, the presumption that the husband is the father can be overturned. The alleged biological father would then be allowed to petition to establish paternity. Rebuttal requires a court adjudication, and if there are competing presumptions, the one based on weightier public policy and facts controls; the final outcome can be a court decree establishing paternity for another man. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Alleged biological father: may petition to establish paternity and challenge the mother's husband’s presumption when the specified misrepresentation and holding-out conditions apply.
• Mother who is lawfully married and her husband: the presumption that the husband is the father can be rebutted under these circumstances, potentially changing the legal father.

Key Provisions

• Adds a rebuttable presumption that the mother's husband is not the automatic father if the mother misrepresents her marital status before conception and the alleged father has held the child out as his own during pregnancy.
• Allows the alleged biological father to petition to establish paternity.
• Rebuttal of the presumption must occur through an adjudication under Article 6; if multiple presumptions conflict, the one grounded in weightier public policy and facts controls.
• The presumption can be overturned by a court decree establishing paternity of the child by another man.
• Effective date: the act takes effect on the first day of the third month after passage and governor approval.

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

Subjects

Family Law