Alabama Paternity / Parentage Petition Package

ALABAMA PATERNITY / PARENTAGE PETITION PACKAGE

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm subject matter jurisdiction (Juvenile Court under Ala. Code § 12-15-115(a)(6) or Circuit Court)
☐ Identify all presumed, acknowledged, adjudicated, and alleged fathers under Ala. Code § 26-17-204
☐ Check for any existing acknowledgment prescribed by Alabama DHR and filed with Vital Statistics
☐ Confirm status of 60-day rescission window per Ala. Code § 26-17-307
☐ Search Putative Father Registry maintained by AL DHR under Ala. Code § 26-10C-1
☐ Confirm ICWA inquiry — ask whether child is or may be an "Indian child"
☐ Obtain certified copy of birth certificate from Alabama Center for Health Statistics
☐ Confirm UCCJEA (Ala. Code § 30-3B-201) jurisdiction if custody addressed
☐ Confirm UIFSA (Ala. Code § 30-3D-201) if support addressed
☐ Determine if AL DHR Child Support Enforcement Division (IV-D) is involved
☐ Prepare CV/JV cover sheet
☐ Pay filing fee or file Affidavit of Substantial Hardship
☐ Determine need for guardian ad litem under § 26-17-612

PART 2 — PETITION TO ADJUDICATE PARENTAGE

STATE OF ALABAMA
[☐ JUVENILE / ☐ CIRCUIT] COURT OF [_____________] COUNTY

Case No.: [______________________________]

PETITION TO ADJUDICATE PARENTAGE

COMES NOW Petitioner, by and through [self / counsel], and pursuant to Ala. Code § 26-17-601 et seq. and the Alabama Uniform Parentage Act, petitions the Court as follows:

1. PARTIES

a. Petitioner [______________________________] resides at [______________________________], County of [__________], Alabama, and is the [☐ mother / ☐ man whose paternity is to be adjudicated / ☐ alleged father / ☐ child by next friend or guardian ad litem / ☐ adoption agency / ☐ representative of a deceased person / ☐ DHR / IV-D agency], with standing under Ala. Code § 26-17-602.
b. Respondent [______________________________] resides at [______________________________], and is the [☐ alleged genetic father / ☐ presumed father / ☐ acknowledged father / ☐ adjudicated father / ☐ mother].

2. THE CHILD

a. Full legal name: [______________________________]
b. Date of birth: [__/__/____]
c. Place of birth: [______________________________]
d. Current residence: [______________________________]
e. Sex: [____]

3. JURISDICTION AND VENUE

a. The Court has subject matter jurisdiction pursuant to [☐ Ala. Code § 12-15-115(a)(6) (Juvenile Court parentage jurisdiction) / ☐ Ala. Code § 12-11-30 (Circuit Court)].
b. Venue is proper in [__________] County under Ala. Code § 26-17-605.
c. Personal jurisdiction over Respondent exists under Ala. Code § 26-17-604 because [state facts showing Alabama contacts or another basis under applicable law: ______________________________].

4. EXISTING PARENTAGE STATUS

☐ No presumed father; no acknowledged or adjudicated father
☐ Presumed father under Ala. Code § 26-17-204(a)([__]): [______________________________]
☐ Prescribed Acknowledgment of Paternity executed and filed on [__/__/____] — judicial rescission window [☐ may remain open / ☐ appears closed / ☐ counsel must determine]
☐ Prior adjudication of paternity (case info): [______________________________]
☐ Limitation under Ala. Code § 26-17-607 (challenge to paternity of child with presumed father) [☐ applies / ☐ does not apply]

5. PUTATIVE FATHER REGISTRY

☐ Search of Alabama Putative Father Registry (Ala. Code § 26-10C-1) conducted on [__/__/____]
☐ Results: [______________________________]

6. INDIAN CHILD WELFARE ACT (ICWA) INQUIRY

a. ☐ Child is not known or believed to be an Indian child under 25 U.S.C. § 1903
b. ☐ Child is or may be an Indian child. Tribe: [______________________________]. If an accompanying involuntary foster-care placement or termination-of-parental-rights proceeding meets 25 U.S.C. § 1912(a), arrange the required notice in that proceeding.

7. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests:

a. Adjudication of the existence (or nonexistence) of the parent-child relationship under Ala. Code § 26-17-636;
b. Order for genetic testing pursuant to Ala. Code § 26-17-502;
c. Establishment of child support per Alabama Rule of Judicial Administration 32 (Child Support Guidelines), retroactive to such date as the Court deems just;
d. Determination of custody and visitation;
e. Amendment of the birth certificate by the State Registrar;
f. Award of costs, attorney fees, and genetic testing fees per Ala. Code § 26-17-636(c); and
g. Such other relief as the Court deems just and proper.

SWORN VERIFICATION: I, [PETITIONER NAME], being first duly sworn, state that I have read this Petition and that its factual statements are true and correct to the best of my knowledge.

Dated: [__/__/____]
Petitioner Signature: [______________________________]
Print Name: [______________________________]
Address: [______________________________]
Telephone: [(______) ______-________]
Email: [______________________________]

Subscribed and sworn to before me on [__/__/____] by [PETITIONER NAME].

Notary Public: ______________________________ Commission expires: [__/__/____]

PART 3 — VOLUNTARY ACKNOWLEDGMENT REFERENCE CHECKLIST

NOT THE PRESCRIBED ACKNOWLEDGMENT: Do not sign or file this packet as an Affidavit or Acknowledgment of Paternity. Use the current form prescribed by the Alabama Department of Human Resources and file it with the Alabama Office of Vital Statistics.

Pursuant to Ala. Code §§ 26-17-301 through 26-17-315:

☐ The mother and the man claiming to be the child's genetic father intend to establish his paternity.

☐ The child has no presumed father, or the acknowledging man is the presumed father.

☐ The child has no other acknowledged or adjudicated father. Section 26-17-303 is reserved and does not create a denial-of-paternity form route.

☐ The prescribed form accurately states whether genetic testing occurred and, if so, whether the paternity claim is consistent with the results.

☐ Both parents received the required written and oral, audio, or video notice before signing.

☐ Both parents signed the prescribed form under penalty of perjury before a notary.

☐ The prescribed form was filed with the Alabama Office of Vital Statistics on [__/__/____].

☐ The signers understand that a valid filed acknowledgment is a legal finding of paternity, confers all parental rights and duties on the acknowledged father, and is a sufficient basis to establish support and pregnancy and confinement expenses.

☐ The signers understand that rescission is available only in a judicial proceeding commenced before the earlier statutory cutoff in § 26-17-307.

☐ The signers understand that a later challenge is limited by §§ 26-17-308, 26-17-309, and 26-17A-1.

Prescribed form source, revision, and filing proof: [____________________________________________________________]

PART 4 — SUMMONS AND NOTICE; SERVICE

SUMMONS

TO RESPONDENT: [______________________________]

You are hereby summoned and required to file with the Clerk of this Court and serve upon Petitioner an Answer to the attached Petition within thirty (30) days after service hereof, pursuant to Ala. R. Civ. P. 12(a) (or 14 days in Juvenile Court per Ala. R. Juv. P. 13). Failure to do so may result in judgment by default establishing parentage and obligating you to pay child support.

You have the right to:
☐ Request genetic testing under Ala. Code § 26-17-502
☐ Be represented by counsel
☐ Receive notice of all hearings

Dated: [__/__/____]
Clerk: [______________________________]

RETURN OF SERVICE

I, [______________________________], certify under oath that on [__/__/____] at [____] [☐ a.m. / ☐ p.m.] I served the Summons and Petition on Respondent at [______________________________] by [☐ personal service per Ala. R. Civ. P. 4(c), 4(i)(1) / ☐ residence service / ☐ certified mail per Ala. R. Civ. P. 4(i)(2) / ☐ publication per Ala. R. Civ. P. 4.3].

Signature: [______________________________]
Print Name: [______________________________]

PART 5 — MOTION FOR GENETIC TESTING AND PROPOSED ORDER

MOTION FOR ORDER COMPELLING GENETIC TESTING

Petitioner moves, pursuant to Ala. Code § 26-17-502, for an Order requiring the parties and the minor child to submit to genetic testing. In support, Petitioner states:

1. Parentage is in dispute or has not been adjudicated.
2. Under Ala. Code § 26-17-505(a), qualifying genetic testing rebuttably identifies a man as the father only if the results show both at least a 99% probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1.
3. Refusal to submit to ordered testing may support adjudication contrary to that party's position under Ala. Code § 26-17-622(b).

[PROPOSED] ORDER FOR GENETIC TESTING

IT IS ORDERED:

1. Petitioner, Respondent, and the minor child shall submit to genetic testing within thirty (30) days at: [______________________________] (AABB-accredited laboratory).
2. Sample collection shall follow chain-of-custody procedures per Ala. Code § 26-17-503.
3. Costs shall be allocated: [☐ Petitioner / ☐ Respondent / ☐ split equally / ☐ DHR/IV-D advance subject to assessment against unsuccessful party per § 26-17-506].
4. Results shall be filed with the Court and served on all parties.
5. Refusal without good cause may result in adjudication contrary to the refusing party's position under Ala. Code § 26-17-622(b).

Dated: [__/__/____]
HONORABLE [______________________________], [☐ Juvenile / ☐ Circuit] Judge

PART 6 — DEFAULT JUDGMENT

MOTION FOR ADJUDICATION FOLLOWING DEFAULT OR DECLINED GENETIC TESTING

Petitioner requests adjudication under the applicable route below:

☐ Respondent was served on [__/__/____] and is in default. Under Ala. Code § 26-17-634, Petitioner asks the Court to find, on the evidence identified below, whether Respondent is the child's father.
☐ Respondent declined genetic testing ordered on [__/__/____]. Under Ala. Code § 26-17-622(b), Petitioner asks the Court to consider adjudicating parentage contrary to Respondent's position.

Evidence supporting the requested parentage finding: [________________________________]

The Court finds, based on [EVIDENCE], that Respondent [______________________________] is the father of [______________________________], born [__/__/____]. IT IS ORDERED that parentage is adjudicated accordingly. The Alabama State Registrar shall amend the birth certificate. Child support shall be established as set forth in the accompanying support order.

Dated: [__/__/____]
HONORABLE [______________________________], Judge

PART 7 — FINAL ORDER OF PARENTAGE (CHILD SUPPORT RESERVATION)

FINAL ORDER ADJUDICATING PARENTAGE

This matter came before the Court on [__/__/____]. Upon the pleadings, evidence (including genetic test results showing [____]% probability of paternity), and arguments, the Court FINDS and ORDERS:

FINDINGS

1. The Court has jurisdiction over the parties and subject matter under the AUPA.
2. Service was properly made.
3. ICWA inquiry conducted; child is [☐ / ☐ not] an Indian child.
4. [PARENT NAME] is the biological and legal father of [CHILD NAME].

ORDERS

a. Parentage: [______________________________] is adjudicated the legal father of [CHILD NAME], born [__/__/____].
b. Birth Certificate: The Alabama Office of Vital Statistics shall amend the certificate of live birth to reflect [PARENT NAME] as legal father. Child's surname shall be: [______________________________].
c. Custody and Visitation: [☐ Reserved for hearing on [__/__/____] / ☐ As set forth in the attached parenting plan].
d. Child Support: Pursuant to Alabama Rule of Judicial Administration 32, child support is [☐ reserved for hearing on [__/__/____] / ☐ ordered as set forth in the attached Child Support Order]. Retroactive support is [☐ reserved / ☐ ordered].
e. Medical Support: Each parent shall provide available health insurance for the child.
f. Costs and Fees: [______________________________].
g. The Court retains continuing jurisdiction.

Dated: [__/__/____]
HONORABLE [______________________________], Judge

PART 8 — NOTICE TO AMEND BIRTH CERTIFICATE

TO: Alabama Center for Health Statistics, Office of Vital Records
P.O. Box 5625, Montgomery, AL 36103-5625

RE: Request to Amend Birth Certificate Pursuant to Court Order

Child's name (as currently shown): [______________________________]
DOB: [__/__/____]
Place of birth: [______________________________]
State file number: [______________________________]

Enclosed:
☐ Certified copy of Final Order Adjudicating Parentage dated [__/__/____]
☐ Case caption and number: [______________________________]
☐ Application to Amend Birth Certificate (vital records form)
☐ Filing fee: $[__________]

Changes requested:
☐ Add father: [______________________________]
☐ Change child's surname to: [______________________________]
☐ Other: [______________________________]

Submitted by: [______________________________]
Return address: [______________________________]
Date: [__/__/____]

PART 9 — PETITION TO RESCIND / CHALLENGE ACKNOWLEDGMENT

PETITION TO RESCIND OR CHALLENGE AFFIDAVIT ACKNOWLEDGING PATERNITY

Pursuant to Ala. Code §§ 26-17-307 (rescission) and 26-17-308 (challenge after rescission period)

Petitioner [______________________________] respectfully petitions to [☐ rescind / ☐ challenge] the Affidavit Acknowledging Paternity executed on [__/__/____] concerning minor child [______________________________].

Grounds:

☐ Judicial rescission before the cutoff — This judicial proceeding is commenced before the earlier of (a) sixty (60) days after the acknowledgment's effective date or (b) the first hearing in a proceeding to which Petitioner is a party before a court to adjudicate an issue relating to the child, including support.

☐ Challenge after 60 days — Petitioner seeks to challenge the acknowledgment on grounds of:
☐ Fraud
☐ Duress
☐ Material mistake of fact
☐ The scientific-evidence route incorporated from Ala. Code § 26-17A-1

Supporting facts and counsel-confirmed grounds and timing: [______________________________]

Petitioner requests:
a. Order rescinding/setting aside the Affidavit;
b. Order for genetic testing under § 26-17-502;
c. Order directing the Alabama Office of Vital Statistics to amend the birth record; and
d. Such other relief as is just.

SWORN VERIFICATION: I, [PETITIONER NAME], being first duly sworn, state that I have read this Petition and that its factual statements are true and correct to the best of my knowledge.

Petitioner Signature: [______________________________] Date: [__/__/____]

Subscribed and sworn to before me on [__/__/____] by [PETITIONER NAME].

Notary Public: ______________________________ Commission expires: [__/__/____]

PART 10 — ICWA INQUIRY AND NOTICE

INDIAN CHILD WELFARE ACT INQUIRY

The Indian Child Welfare Act does not list a paternity adjudication standing
alone as a “child custody proceeding.” Counsel must classify any related foster-
care placement, termination of parental rights, preadoptive placement, or
adoptive placement under 25 U.S.C. § 1903(1) and current applicable law before
using an ICWA inquiry or notice document.

Inquiry to each party:

1. Do you have reason to know the child is or may be a member of, or eligible for membership in, a federally recognized Indian Tribe (such as Poarch Band of Creek Indians or any other Tribe)? ☐ Yes ☐ No ☐ Unknown
2. Tribe(s) identified: [______________________________]
3. Genealogical/tribal information for parents, grandparents, great-grandparents: [______________________________]

If this matter includes an involuntary foster-care placement or termination-of-parental-rights proceeding covered by 25 U.S.C. § 1912(a):

☐ Notice sent by registered mail, return receipt requested, to:
☐ Tribe(s)
☐ Parent(s)
☐ Indian custodian
☐ Secretary of the Interior / BIA Regional Director (if Tribe unknown)
☐ No such proceeding held until at least ten days after the parent or Indian custodian and Tribe, or the Secretary when applicable, receive notice. Upon request, the parent, Indian custodian, or Tribe receives up to twenty additional days to prepare.

Inquiry conducted by: [______________________________] Date: [__/__/____]

SOURCES AND REFERENCES

• Ala. Code § 26-17-101 et seq. — Alabama Uniform Parentage Act (AUPA), Act 2008-376
• Ala. Code § 26-17-204 — Presumption of paternity
• Ala. Code §§ 26-17-301 to 26-17-315 — Voluntary Acknowledgment: https://alison.legislature.state.al.us/code-of-alabama?section=26-17-301
• Ala. Code § 26-17A-1 — Reopening of Paternity Case: https://alison.legislature.state.al.us/code-of-alabama?section=26-17A-1
• Ala. Code §§ 26-17-501 to 26-17-509 — Genetic Testing
• Ala. Code §§ 26-17-601 to 26-17-637 — Proceeding to Adjudicate Parentage
• Ala. Code § 26-10C-1 — Putative Father Registry
• Alabama Rule of Judicial Administration 32 — Child Support Guidelines
• Alabama DHR Child Support: https://dhr.alabama.gov/child-support/
• Alabama Center for Health Statistics: https://www.alabamapublichealth.gov/vitalrecords/
• 25 U.S.C. § 1901 et seq. — Indian Child Welfare Act