Ala. Admin. Code r. 660-3-11-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 660-3-11-.01 - General

(1) As used in this Chapter, the following terms shall have the following meaning:

(a) "Acknowledgment of Paternity" - a document when properly completed by the natural mother and the father of a child, and filed with the Alabama Center for Health Statistics creates a legal finding of paternity and allows for the father's name to be on the child's birth certificate.

(b) "administrative process" - the procedure which allows the Department of Human Resources to issue genetic testing orders, administrative subpoenas, and other administrative enforcement actions without the assistance of the judicial system.

(c) "alleged father" - a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:

1. a presumed father;

2. a man whose parental rights have been terminated or declared not to exist; or

3. a male donor who donates in compliance with Code of Ala. 1975, Section 26-17-702.

(d) "application fee" - the amount due from a non-public assistance client for receiving child support services.

(e) "establishment" - the work the Child Support Enforcement Division performs in order to determine paternity and obtain an order of child support.

(f) "genetic testing" - an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:

1. deoxyribonucleic acid;

2. blood-group antigens, red cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.

(g) "genetic test fee" - the amount due for the genetic test which is paid by the State and later assessed to one individual for testing the father, mother, and child.

(h) "genetic testing results" - indicates probability of paternity by testing of blood or human tissue typing.

(i) "Title IV-D agency" - the child support enforcement agency in the state authorized to provide child support services.

(j) "paternity establishment" - the legal process through which paternity of a child is determined.

(k) "Family Assistance (FA)" - An entitlement program funded under Title IV-A of the Social Security Act.

(2) Paternity establishment refers to an action that results in the determination of a parent-child relationship. Paternity establishment is required before getting a child support order. The parent-child relationship extends equally to every child and to every parent regardless of the marriage status of the parent.

(3) Procedures for paternity establishment require that:

(a) A simple civil process exists for the voluntary establishment of paternity.

(b) Procedures exist for completing Acknowledgments of Paternity.

(c) A valid Acknowledgment of Paternity filed with the Alabama Center for Health Statistics creates a legal finding of paternity.

(d) Default judgments are sought under specific circumstances.

(e) Procedures provide for genetic testing in determination of paternity.

(f) Provision is made for the admission of genetic testing results unless written objections are filed with the court within 14 days after receiving the genetic testing results.

(g) Full faith and credit is given to other states' paternity acknowledgments and orders.

(h) An in-hospital paternity acknowledgment program is established.

(i) Jury trials are barred in paternity actions.

Ala. Admin. Code r. 660-3-11-.01

New Rule: Filed February 4, 2000; effective March 10, 2000. Amended: Filed July 8, 2009; effective August 12, 2009.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 02, November 29, 2019, eff. 1/13/2020.

Author: Clifford Smith

Statutory Authority:Code of Ala. 1975, §§ 26-17-101 through 26-17-905; 30-3-197, as amended, P.L. 104-193; 45 C.F.R. 301-307 ; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT DIVISION.