Alabama Paternity / Parentage Petition Package

ALABAMA PATERNITY / PARENTAGE PETITION PACKAGE

PART 1 — PRE-PETITION CHECKLIST

☐ Confirm subject matter jurisdiction (Juvenile Court under Ala. Code § 12-15-114 or Circuit Court)
☐ Identify all presumed, acknowledged, adjudicated, and alleged fathers under Ala. Code § 26-17-204
☐ Check for existing DHR Form 1969 Affidavit Acknowledging Paternity
☐ 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 §§ 26-17-501, 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 § 12-15-114 (Juvenile Court paternity 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 § 26-17-201 and Alabama long-arm provisions.

4. EXISTING PARENTAGE STATUS

☐ No presumed father; no acknowledged or adjudicated father
☐ Presumed father under Ala. Code § 26-17-204(a)([__]): [______________________________]
☐ DHR Form 1969 Affidavit Acknowledging Paternity executed on [__/__/____] — 60-day rescission window [☐ has expired / ☐ has not expired]
☐ 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: [______________________________]. Notice required under 25 U.S.C. § 1912.

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.

VERIFICATION: I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

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

PART 3 — VOLUNTARY ACKNOWLEDGMENT OF PATERNITY (DHR FORM 1969 ANALOG)

ALABAMA AFFIDAVIT ACKNOWLEDGING PATERNITY
Pursuant to Ala. Code §§ 26-17-301 through 26-17-313

Child's name: [______________________________]
Date of birth: [__/__/____]
Place of birth: [______________________________]
State file number: [______________________________]

Mother: [______________________________]
SSN (last 4): xxx-xx-[____]
DOB: [__/__/____]
Address: [______________________________]

Acknowledging Father: [______________________________]
SSN (last 4): xxx-xx-[____]
DOB: [__/__/____]
Address: [______________________________]

Both parents acknowledge and agree under oath:

1. The Acknowledging Father is the biological father of the named child.
2. There is no other man presumed to be the father of the child, OR any presumed father has filed a denial of paternity in conjunction with this acknowledgment (Ala. Code § 26-17-303).
3. This Acknowledgment, when filed with the Alabama Office of Vital Statistics, is equivalent to a judicial adjudication of paternity (Ala. Code § 26-17-305).
4. Either signatory may rescind this Acknowledgment by commencing a proceeding within sixty (60) days of the effective date OR before the date of the first hearing in a proceeding to which the signatory is a party, whichever is earlier (Ala. Code § 26-17-307).
5. After 60 days, the Acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact, within a two-year limitations period (Ala. Code § 26-17-308).
6. Signing creates legal rights and obligations including child support, custody/visitation eligibility, inheritance, and medical/educational decisions.

Mother's Signature: [______________________________] Date: [__/__/____]
Acknowledging Father's Signature: [______________________________] Date: [__/__/____]

Notary:
State of Alabama, County of [__________]
Sworn to and subscribed before me on [__/__/____].
Notary Public: [______________________________]
Commission expires: [__/__/____]

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) / ☐ residence service / ☐ certified mail per Ala. R. Civ. P. 4.1(c) / ☐ 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. Testing producing 99% or greater probability of paternity creates a rebuttable presumption of paternity under Ala. Code § 26-17-505.
3. Refusal to submit to ordered testing supports a default adjudication under Ala. Code § 26-17-622.

[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 default adjudication.

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

PART 6 — DEFAULT JUDGMENT

MOTION FOR DEFAULT AND [PROPOSED] DEFAULT JUDGMENT OF PATERNITY

Pursuant to Ala. R. Civ. P. 55 and Ala. Code § 26-17-622, Petitioner moves for default judgment as Respondent:

☐ Was properly served on [__/__/____] and failed to file timely Answer
☐ Failed to submit to court-ordered genetic testing

IT IS ORDERED that Respondent [______________________________] is adjudicated the legal father of [______________________________], born [__/__/____]. 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:

☐ Rescission within 60 days — This proceeding is commenced within sixty (60) days of the effective date of the acknowledgment and before the first hearing in a proceeding to which Petitioner is a party.

☐ Challenge after 60 days — Petitioner seeks to challenge the acknowledgment on grounds of:
☐ Fraud
☐ Duress
☐ Material mistake of fact

Action is filed within two (2) years of the acknowledgment becoming effective as required by Ala. Code § 26-17-308. Supporting facts: [______________________________]

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.

Verified under penalty of perjury.

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

PART 10 — ICWA INQUIRY AND NOTICE

INDIAN CHILD WELFARE ACT INQUIRY

The Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., requires inquiry into the child's status as an Indian child.

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 ICWA applies:

☐ 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)
☐ Minimum 10-day wait before hearing (extendable to 20 days on Tribe's request)

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 26-17-313 — Voluntary Acknowledgment
• 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