Alabama Adoption Laws, pg 5
Putative Fathers
Does State have a Putative Father Registry
Yes
Legal definition of "father"
Ala. Code § 26-17-5
A man is presumed to be the natural father of a child if any of the following apply:
- He and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.
- Before the child's birth he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:
- o If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after the termination of the attempted marriage.
- o If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
- After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and:
- o He has acknowledged his paternity of the child in writing, the writing being filed with the appropriate court or the Office of Vital Statistics.
- o With his consent, he is named as the child's father on the child's birth certificate.
- o He is otherwise obligated to support the child either under a written voluntary promise or by court order.
- While the child is under the age of majority, he receives the child into his home or otherwise openly holds out the child as his natural child.
- He acknowledges his paternity of the child in a writing filed in accordance with provisions of the legitimation statute.
- He and the child's mother have executed an affidavit of paternity in accordance with the provisions of this chapter.
Putative father registry
Ala. Code § 26-10C-1
The Department of Human Resources shall establish a putative father registry that shall record the name, Social Security number, date of birth, and address of the following:
This subsection shall be the exclusive procedure available for any person who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that person to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.
Alternate means to establish paternityAla. Code §§ 26-11-2; 26-17-6; 26-17-22
A father of a nonmarital child may seek to legitimate the child and render him or her capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child, supposed age, and the name of mother, and stating that he thereby recognizes him or her as his child and capable of inheriting his estate, real and personal, as if born in wedlock.
A child, a child's natural mother, or a man presumed to be the child's father under § 26-17-5(a) may bring an action at any time for the purpose of declaring the existence of the father and child relationship. For purposes of support, the action shall be brought before the child reaches age 19.
The natural mother and father of a child born to a woman who was unmarried at the time of birth and had not been married or attempted to be married within 300 days prior to the birth may, at any time prior to the child's 19th birthday, state and acknowledge that they are the natural parents of the child in an affidavit of paternity signed by both parties before a notary public. The affidavit of paternity shall be a legally sufficient basis for establishing an obligation for child support and for the expenses of the mother's pregnancy and confinement. The affidavit may be admitted as evidence of paternity in any action to establish a support order or an adjudication of paternity.
Required Information
Ala. Code § 26-10C-1
A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity [with the putative father registry] shall include all of the following:
The person filing shall notify the registry of any change of address pursuant to the procedures prescribed by regulation of the department. The registration must be on a form prescribed by the department and signed by the putative father and notarized.
The putative father may file his notice of intent to claim paternity prior to the birth of the child.
Revocation of claim to paternity
Ala. Code § 26-10C-1(d)
A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed and, upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
Access to information
Ala. Code § 26-10C-1(f)
The Department of Human Resources shall, upon request, provide the names and addresses of persons listed with the registry to any court. The information shall not be divulged to any other person except upon order of a court for good cause shown. The Department of Human Resources shall further after receiving notice pursuant to § 26-10A-17 of the pendency of any adoption proceeding wherein the proposed adopted person is a child born within 300 days of the date or dates of sexual intercourse listed in the registry and to the same biological mother listed in the registry, immediately send a copy of the notice of intent to claim paternity to the court handling the adoption.
When the court handling the adoption receives said notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.
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