HB590 Alabama 2019 Session

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 authorize a man who is not the presumed father of a child but who believes himself to be that child's biological father, to petition the court under certain circumstances for genetic testing to challenge the presumption of paternity, and would provide that if the genetic testing discloses results which identify that man as the biological father, a court shall make a finding of paternity in favor of that man which would result in a loss of standing for the presumed father

This bill would also provide that a presumed father who fails to answer the court or participate in related proceedings would be deemed to have ceased in his persistence as the presumed father

This bill would also provide a statute of limitations of four years for a man who is not a child's presumed father to petition for an establishment of paternity, with the exception that a man is not bound by the statute of limitations if he married the mother of a child in apparent compliance with the law, the child was born during the marriage or 300 days after the marriage, the presumed father was not in physical contact with the mother during any period of time in which the child could have been conceived, the presumed father has not held himself out to be the father of the child during the child's life, and the child has not been adopted

This bill would also provide that standing to petition for an establishment of paternity ceases upon the adoption of the child

This bill would also provide that standing to petition for an establishment of paternity ceases if the presumed father is both shown to have been in physical contact with the mother during any period of time in which the child could have been conceived and to have held himself out to be the father of the child at any point during the child's life

This bill would also clarify an inconsistency in existing law relating to jurisdiction

Relating to the presumption of paternity; to amend Section 26-17-604, Code of Alabama 1975, to make a technical change; and to amend Section 26-17-607, Code of Alabama 1975, to authorize a man who is not the presumed father of a child, but who believes himself to be that child's biological father, to petition the court for genetic testing to make an establishment of paternity under certain circumstances; to provide that if the genetic testing discloses results which identify that man as the biological father, a court shall make a finding of paternity in favor of that man which would result in a loss of standing for the presumed father; to provide that a presumed father who fails to answer the court or participate in related proceedings would be deemed to have ceased in his persistence as the presumed father; and to provide a statute of limitations of four years for a man who is not a child's presumed father to petition for an establishment of paternity, with certain exceptions and limitations.