DNA Testing for Paternity, Maternity, Sibling and Immigration

The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Alabama Establishing Paternity

Link: Alabama Child Support Forms

Required Probability of Paternity for Alabama Courts: 97%

Required Paternity Index: None at this time

Current Alabama Paternity Law: Section 26-17-13

Evidence relating to paternity; refusal to testify; immunity; evidence of intercourse with other men; medical and health care bills.

(a) Evidence relating to paternity may include any of the following:

(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

(2) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

(3) Genetic test results, weighed in accordance with evidence,if available, of the statistical probability of the alleged father’s paternity. Genetic test results which indicate a 97 percent or greater probability that the alleged father is the biological or natural father of the minor child shall create a presumption of paternity that the alleged father is in fact the father of the child. This presumption may be rebutted only by clear and convincing evidence.

(4) Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests.

(5) All other evidence relevant to the issue of paternity of the child.

(b) Upon refusal of any witness, including a party, to testify under oath or produce evidence, or submit to genetic testing, the court may order him to testify under oath and produce evidence, including genetic testing, concerning all relevant facts. If the refusal is upon the ground that his testimony or evidence might tend to incriminate him, the court shall grant him immunity from all criminal liability on account of the testimony or evidence he is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence he is required to produce, except for perjury committed in his testimony. The refusal of a witness, who has been granted immunity to obey an order to testify or produce evidence shall be punishable as a civil contempt of the court.

(c) In an action against an alleged father, evidence offered by the alleged father with respect to another man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court genetic tests the results of which do not exclude the possibility of the alleged father’s paternity of the child. A man who is identified and is subject to the jurisdiction of the court shall be made a defendant in the action.

(d) Medical and health care bills for expenses relating to pregnancy, childbirth, or genetic testing performed to obtain evidence of paternity may be submitted as proof of certain support and paternity establishment costs. Bills submitted shall be admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of the amounts incurred for services or for genetic testing performed to obtain evidence regarding paternity of the child.

(Acts 1984, No. 84-244, p. 375, §13; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11

Link: Alabama Codes and Laws

This information is a general guide. Research your state laws for current information or contact a family attorney.