HB521 Alabama 2022 Session

Summary

Primary Sponsor

Gil Isbell

Republican

Session

Regular Session 2022

Title

Presumption of paternity, maintenance of an action to disprove a presumed father's paternity, authorized in certain circumstances, Sec. 26-17-607 am'd.

Summary

HB521 lets a presumed father’s paternity be challenged in court under specific conditions and requires mothers to name all putative fathers in such cases.

What This Bill Does

It allows an action to disprove a presumed father's paternity if the court finds that the parents did not cohabitate or have sexual relations during conception, the father never openly claimed the child or formed a significant parental relationship, and it is in the child's best interest. The mother must name all putative fathers in the case, and any challenge to the presumption must be proven by clear and convincing evidence. If there are conflicting presumptions, the court will follow the weightier public policy and logic, and paternity by another man can rebut the original presumption.

Who It Affects

• Presumed fathers who could have their paternity challenged in court under the specified conditions
• Mothers and their children, as mothers must name all putative fathers and paternity outcomes may change based on the court's decision

Key Provisions

• Allows an action to disprove a presumed father's paternity under specific conditions
• Conditions include no cohabitation or sexual intercourse during conception, no open claim or significant parental relationship by the presumed father, and in the child's best interest
• Mother must name all putative fathers in the action
• Rebuttal requires clear and convincing evidence
• If conflicting presumptions arise, the one supported by public policy and logic controls
• A court decree establishing another man as the father can rebut the presumption
• Effective date: becomes law on the first day of the third month after passage

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

Subjects

Paternity