Ala. Admin. Code r. 660-3-11-.03

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

Section 660-3-11-.03 - Processes Involved In Paternity Establishment

(1) Three processes are involved in the establishment of paternity.

(a) Uncontested Consent Process

1. In the uncontested consent process, both the mother and the alleged father must agree that the alleged father is the biological father of the child.

2. The alleged father and the mother can establish paternity by completing an Acknowledgment of Paternity through an in-hospital paternity process shortly after the birth of the child, or later at the Department of Human Resources office.

3. The Acknowledgement of Paternity, if properly completed and filed with the Alabama Center for Health Statistics, creates a legal finding of paternity.

(b) Administrative Process

1. An employee or agent for the Title IV-D agency has the authority to order genetic testing and to issue administrative subpoenas in the process of determining the paternity of a child. Subpoenas issued by an employee or agent of the Title IV-D agency in the process of establishing paternity may be served by certified mail, return receipt requested.

2. The State shall pay the genetic test fee subject to reimbursement from the appropriate party.

3. If genetic test results show a probability of 99 percent or higher, the alleged father is given an opportunity to sign a voluntary Acknowledgment of Paternity. He is given the chance to enter into a support agreement, including genetic test costs, retroactive support, and medical support.

4. If the alleged father refuses to acknowledge paternity or sign an agreement, the Department of Human Resources forwards the case to the state attorney for processing through the judicial system.

5. In all situations, whether or not the alleged father has signed an Acknowledgment of Paternity and a support agreement, the Department of Human Resources refers the case to the state attorney to obtain a judicial order of support from the appropriate court.

(c) Contested Process

1. In a contested case, the alleged father either denies paternity, refuses to pay child support, or fails to respond to notice given for genetic testing.

2. The Department of Human Resources refers the case to the state attorney for filing the paternity action through judicial procedures.

3. When a case is contested, service of process, pursuant to Rule 4 of the Alabama Rules of Civil Procedure is the way the alleged father is notified that a paternity action has been filed against him and when a hearing will be held.

4. Once the alleged father has been served, he has 14 days to contest the case or come in and voluntarily acknowledge paternity. After that time, a court hearing will be held to determine paternity.

Ala. Admin. Code r. 660-3-11-.03

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.