Will my daughter have to take a DNA even though her father is on the birth certificate?
Full Question:
Answer:
When a man consents to having his name on a birth certificate, he is presumed to be the father. If a child has an acknowledged father, an individual, who didn't sign the acknowledgment of paternity and who seeks an adjudication of paternity of the child may maintain a proceeding at any time after the effective date of the acknowledgment if the court determines that it is in the best interest of the child.
The court will order the child and other named individuals to submit to genetic testing if the request for testing is made by a party to the proceeding, the Alabama Department of Human Resources, or the representative of the child. If a person fails to comply with a court order, the court may hold the person in contempt of court.
Please see the AL statutes below:
SECTION 26-17-508. GENETIC TESTING WHEN SPECIMENS NOT AVAILABLE.
(a) Subject to subsection (b), if a genetic-testing specimen is not
available from an individual who may be the mother or the father of a child,
for good cause and under circumstances the court considers to be just, the
court may order the following individuals to submit specimens for genetic
testing:
(1) the parents of the individual;
(2) brothers and sisters of the individual;
(3) other children of the individual and their other parent; and
(4) other relatives of the individual necessary to complete genetic testing.
(b) Issuance of an order under this section requires a finding that a needfor genetic testing out weighs the legitimate interests of the person sought to be tested.
The time limits to the filing of an action to establish parentage are as follows:
(a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:
(1) the child becomes an adult, but only if the child initiates the proceeding; or
(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
(b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law.
A presumed father may bring an action to disprove paternity at any time.
Please see the following statutes to determine applicability:
SECTION 26-17-609. LIMITATION: CHILD HAVING ACKNOWLEDGED.
(a) If a child has an acknowledged father, a signatory to the
acknowledgment of paternity may maintain a proceeding seeking to rescind the
acknowledgment or challenge the paternity of the child only within the time
allowed under Section 26-17-307 or 26-17-308.
(b) If a child has an acknowledged father, an individual, who is not a
signatory to the acknowledgment of paternity and who seeks an adjudication of
paternity of the child may maintain a proceeding at any time after the
effective date of the acknowledgment if the court determines that it is in
the best interest of the child.
SECTION 26-17-606. NO LIMITATION TO ADJUDICATE PARENTAGE FOR A CHILD
HAVING NO PRESUMED, ACKNOWLEDGED, OR ADJUDICATED FATHER; LIMITATION FOR CHILD
SUPPORT.
(a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father
may be commenced at any time, even after:
(1) the child becomes an adult, but only if the child initiates the proceeding; or
(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
(b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise
provided by law.
SECTION 26-17-607. ACTION TO DISPROVE PARENTAGE WHEN THERE IS A PRESUMED FATHER.
(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. 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.
(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or
more conflicting presumptions arise, that which is founded upon the weightier
considerations of public policy and logic, as evidenced by the facts, shall
control. The presumption of paternity is rebutted by a court decree
establishing paternity of the child by another man.