Legitimation is a process by which a biological father not listed on a birth certificate may be declared the parent of a child born out of wedlock and may seek to change the child’s name.
The following procedure must be followed in a legitimation case:
- Filing a “Declaration for Legitimation” – must be witnessed by two people (or sworn before a Notary Public)
- A Birth certificate of the minor
- Notarized consent from biological mother – the biological mother and the child must be served notice of any Court hearing on the Declaration if such notice is not waived pursuant to the Alabama Rules of Civil Procedure.
- Note that if someone else is named the father on the child’s birth certificate then that individual must also be served notice of any hearing and give consent to the legitimation.
- Court cost deposit of $66.00 (Note final bill may be higher than $66.00)
The minor child must attend the Court hearing.
**** Please keep in mind that we are not permitted to give legal advice and we do not provide any documents. Should you have any legal advice questions, it is recommended that you contact an attorney. If you cannot afford an attorney, please contact the Volunteer Lawyer Program at 438-1102 to see if you qualify for their program for free representation.
If you have any questions pertaining to filing,
Probate Court of Mobile County
Post Office Box 7
Mobile, AL 36601
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