Arizona Paternity Laws FAQS

These Frequently Asked Questions regarding Arizona paternity laws are intended as a general guide to issues within the court system of the State of Arizona. Laws in other states may vary—consult your personal attorney or Hildebrand Law for more information on any of these Arizona Paternity related topics.

What is paternity?

Under Arizona law, there is no presumption regarding the identity of the biological father when a child is born to an unmarried woman. The biological father may only establish legal rights to the child by establishing what is referred to as paternity of the child. The mother of the child, correspondingly, cannot establish the biological father's obligations, such as the obligation for child support, until legal paternity is established. The father of the child, correspondingly, cannot establish his parental rights, such as custody and child access rights, until legal paternity is established.

Why is it important to establish paternity?

There are important legal and financial reasons to establish paternity. A child born out of wedlock—for which a biological father's paternity has not been established—has no right to receive financial support from the father, to inherit from the father or to obtain insurance or legal and financial benefits (such as veterans' and social security benefits) through the father. Likewise, the biological father has no legal rights to the child, such as parenting time with the child, and no legal right to participate in any of the major decisions affecting the child such as the child's medical care, education, and religious training.

Additionally, a father of a child who is born out of wedlock may not receive notice of an attempted adoption of the child by a third person or of the child's removal and foster care placement by state Child Protective Services if that father has not established his paternity; although a Putative Father Registry is available upon which a person may list his name as the possible biological father of a child without actually establishing paternity in order to receive notice of such proceedings. The filing on the Putative Father Registry, however, does not establish paternity and does not, therefore, grant the father any legal rights or obligations to the child.

How is paternity established?

In Arizona, paternity can be legally established in several ways. These may be summarized in four categories: voluntary establishment through the court, establishment by the court after filing a legal action (court case), establishment through the state Department of Economic Security (DES) and establishment by automatic operation of law through the state Department of Health Services.

Does it matter how paternity is legally established?

No. Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the biological father becomes the legal father with all legal rights and obligations attendant to that relationship.

What is voluntary paternity establishment?

Some people mistakenly believe that paternity can only be legally established by filing a case in court and having a judge decide the issue after testing is done or other proof is submitted. However, if both parents agree who the biological father is, legal paternity often can be established by a simple process that doesn't require a court hearing. This is called voluntary paternity establishment.

What if the man is not sure he is the father?

If both parents are willing, they may file an agreement with the Clerk of Superior Court to take a genetic test (usually a blood test) to determine if the man is the biological father.

Are genetic tests accurate?

New methods of scientific testing are nearly one hundred percent accurate in proving whether a man is the father of a child. Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the father to a high degree of certainty.

How can I establish paternity voluntarily through the Arizona Department of Health Services (DHS)?

Under Arizona law, in order to place the name of the father on a birth certificate, both parents may file sworn statements acknowledging paternity with DHS. When this process is used, the voluntary acknowledgment has the same effect as a court order establishing legal paternity of the father. These forms are available at DHS and DES offices around the state and at most hospitals.

Are there any other ways paternity may be established when the parents agree who the father is?

Yes. There is a program offered at all Arizona hospitals by DES that allows parents of newborn children to establish paternity voluntarily at the time of birth. Parents complete a form acknowledging paternity that is sent directly by the hospital to DES. Both parents must fill out and sign the form. If parents do not complete the form at the hospital, it may be sent to DES later. The form is then processed and forwarded either to the DHS or the Clerk of Superior Court.

Either way, if the forms are completed properly, paternity can be established without further action by the parents. The paternity forms may also be obtained from any DES public assistance office or from the DES Division of Child Support Enforcement (or its county contractors in some counties).

Contact us today or call us at 480-305-8300 to schedule your consultation with AZ divorce attorney Christopher S. Hildebrand regarding Arizona paternity laws or any other Arizona family law matter.