Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-3-11 - PATERNITY
Section 660-3-11-.01 - General
Universal Citation: AL Admin Code R 660-3-11-.01
Current through Register Vol. 42, No. 5, February 29, 2024
(1) As used in this Chapter, the following terms shall have the following meaning:
(a) "Acknowledgment of Paternity" - a
document when properly completed by the natural mother and the father of a
child, and filed with the Alabama Center for Health Statistics creates a legal
finding of paternity and allows for the father's name to be on the child's
birth certificate.
(b)
"administrative process" - the procedure which allows the Department of Human
Resources to issue genetic testing orders, administrative subpoenas, and other
administrative enforcement actions without the assistance of the judicial
system.
(c) "alleged father" - a
man who alleges himself to be, or is alleged to be, the genetic father or a
possible genetic father of a child, but whose paternity has not been
determined. The term does not include:
1. a
presumed father;
2. a man whose
parental rights have been terminated or declared not to exist; or
3. a male donor who donates in compliance
with Code of Ala. 1975, Section
26-17-702.
(d) "application fee" - the amount
due from a non-public assistance client for receiving child support
services.
(e) "establishment" - the
work the Child Support Enforcement Division performs in order to determine
paternity and obtain an order of child support.
(f) "genetic testing" - an analysis of
genetic markers to exclude or identify a man as the father or a woman as the
mother of a child. The term includes an analysis of one or a combination of the
following:
1. deoxyribonucleic
acid;
2. blood-group antigens, red
cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or
red-cell enzymes.
(g)
"genetic test fee" - the amount due for the genetic test which is paid by the
State and later assessed to one individual for testing the father, mother, and
child.
(h) "genetic testing
results" - indicates probability of paternity by testing of blood or human
tissue typing.
(i) "Title IV-D
agency" - the child support enforcement agency in the state authorized to
provide child support services.
(j)
"paternity establishment" - the legal process through which paternity of a
child is determined.
(k) "Family
Assistance (FA)" - An entitlement program funded under Title IV-A of the Social
Security Act.
(2) Paternity establishment refers to an action that results in the determination of a parent-child relationship. Paternity establishment is required before getting a child support order. The parent-child relationship extends equally to every child and to every parent regardless of the marriage status of the parent.
(3) Procedures for paternity establishment require that:
(a) A
simple civil process exists for the voluntary establishment of
paternity.
(b) Procedures exist for
completing Acknowledgments of Paternity.
(c) A valid Acknowledgment of Paternity filed
with the Alabama Center for Health Statistics creates a legal finding of
paternity.
(d) Default judgments
are sought under specific circumstances.
(e) Procedures provide for genetic testing in
determination of paternity.
(f)
Provision is made for the admission of genetic testing results unless written
objections are filed with the court within 14 days after receiving the genetic
testing results.
(g) Full faith and
credit is given to other states' paternity acknowledgments and
orders.
(h) An in-hospital
paternity acknowledgment program is established.
(i) Jury trials are barred in paternity
actions.
Author: Clifford Smith
Statutory Authority: Code of Ala. 1975, §§ 26-17-101 through 26-17-905; 30-3-197, as amended, P.L. 104-193; 45 C.F.R. 301-307; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
