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.

Description

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 nor any other individual may maintain an action to disprove paternity.

This bill would allow the maintenance of an action to disprove a presumed father's paternity of a child if the court determines that: The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception of the child; the presumed father never openly held the child out as his own or established a significant parental relationship with the child by providing emotional and financial support for the child; and it is in the best interest of the child to allow an action to disprove the presumed father's paternity of the child.

This bill would also require a mother of a child to name all putative fathers in an action to disprove paternity.

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Subjects

Paternity