Parental Rights in Alabama

Alabama Parental Rights News

Your Calls Made the Difference: Parental Rights Passes Committee!

April 13, 2023

We’re excited to let you know that yesterday, April 12, the Alabama House Judiciary Committee favorably reported House Bill 6 (H.B. 6), The Parental Rights Protection Act! This powerful bill, introduced by Representative Kenneth Paschal, will make Alabama the 16th state in the nation to protect parental rights as fundamental in state code. Constitutional law…

Be sure to sign up for alerts!

Alabama State Law

At Risk

Alabama does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

2016: HB112 proposing a parental rights amendment to the Alabama Constitution of 1901, was introduced by Rep. Matt Fridy with 12 cosponsors on Feb. 3. It was assigned to the House Judiciary Committee; no further action was taken.

2015: SB135 was introduced by Sen. Sanford on March. 3, 2015, to preserve the fundamental right of parents to direct the upbringing, education, and care of their child. It passed the Senate Health Committee on April 15 by a 5-1 vote. Companion bill HB213 was introduced by Rep. Butler with 18 cosponsors on March 10. It was scheduled for a hearing in the House Judiciary Committee on April 1, but was not voted on in committee.

2014: SB 203, a statute to preserve fundamental parental rights, was introduced by Sen. Sanford on January 15, 2014. The bill died in committee.

Don't Miss a Critical Issue!

Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

Alabama Courts

"Strict Scrutiny" Applied to Parental Rights

Alabama courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard. However, this precedent is subject to change.
In Ex parte E.R.G., 73 So.3d 634, 648-49 (Ala. 2011), the Alabama Supreme Court ruled that, despite Troxel, "the State must have a compelling interest to justify encroaching on the fundamental right of a parent to decide what is in the best interests of his or her child,"  (id. at 649).