Alabama § 26-1-6 Parental Rights

Alabama Statutes

§ 26-1-6 — Parental Rights

Alabama § 26-1-6

Title 26Infants and Incompetents

Ch. 1General Provisions

This text of Alabama § 26-1-6 (Parental Rights) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-1-6 (2026).

Text

(a)The Legislature finds and declares both of the following:

(1)The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.

(2)The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.

(b)The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.

(c)This section may not be construed as authorizing or allowing

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(a) The Legislature finds and declares both of the following:
(1) The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.
(2) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.
(b) The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.
(c) This section may not be construed as authorizing or allowing a parent to engage in child abuse or neglect.
(d) This section shall only be construed as applying to disputes between parents and the government or third parties
and does not modify the law as to disputes between parents.