Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In Alabama, paternity is the legal recognition of a man as the father of a child. The state presumes that a man is the father of a child if the child is born during his marriage to the mother. This presumption can be challenged, however, and the court may order genetic testing to determine paternity. If a child is born out of wedlock, paternity can be established voluntarily if both parents agree and sign a paternity acknowledgment form, or involuntarily through a court order, often initiated by a child support or custody action. The relevant statutes are found in the Alabama Code, particularly in sections dealing with domestic relations and family law. Establishing paternity is crucial for matters such as child support, custody, visitation rights, and inheritance.