FAQ - Paternity
If the father of the child leaves the state, how to establish paternity for child?
Each state must give full faith and credit to paternity determinations made by other states in accordance with their laws and regulations. If paternity has been established in another state by a court or administrative order or voluntary acknowledgement, the determination of paternity has the same force and effect in this state as if the determination of paternity was granted by a court in this state.
Resources:
Department of Child Support Services - FAQ
Child Support Information
The father of child wants to acknowledge paternity. Is there an easy way for him to do this?
Unwed parents may voluntarily acknowledge a child until the child reaches the age of 18. An Acknowledgment of Paternity form (CS-127) is available at the hospital when your child is born. It is also available at the Hospital Paternity Program through DCSS at P.O. Box 40458, Phoenix, AZ 85067, 602-771-8181 (Maricopa County) or 1-800-485-6908 (statewide outside Maricopa County).
Unwed parents who wish to voluntarily acknowledge paternity may also walk into any DCSS office to complete an Affidavit Acknowledging Paternity (AAP) that is filed through HPP if they wish to open a case with DCSS. If they do not want to open a case with DCSS but wish only to establish paternity, the Acknowledgment of Paternity (AOP) form from HPP (CS-127) is available at the DCSS office as well. Both forms are filed through HPP to establish paternity.
Find Your Local Child Support Office.
Resources:
Department of Child Support Services - FAQ
Child Support Information
What happens if unsure who the father is?
When you are unsure of whom the father may be, Division of Child Support Services (DCSS) will pursue the man listed with the most information first so that he can either be identified as the father or excluded through genetic testing.
Resources:
Department of Child Support Services - FAQ
Child Support Information
If genetic testing is necessary, who pays for it?
The State of Arizona will pay for genetic testing in advance. The alleged father signs an agreement to repay the state should he be identified as the father through the testing. If the alleged father is found to be the biological father of the child, he can repay the fees in a lump sum or can repay the state in monthly installments until the costs of the tests are paid in full.
Resources:
Department of Child Support Services - FAQ
Child Support Information
What if individual denies he is the father, or is not sure?
Contested paternity can be determined by the evidence presented in court, including highly accurate genetic testing conducted on samples of the alleged father, mother and child. Genetic testing results indicate a probability of paternity and can establish a legal presumption of paternity. To establish a probability of paternity in Arizona, the tests must reflect a 95 percent likelihood of paternity. These tests can exclude a wrongly accused man but can also indicate the likelihood of paternity if he is not excluded. All individuals in a contested paternity case must submit to genetic testing at the request of either party. Once genetic testing identifies the father, a court order is obtained naming the biological father of the child as the legal father.
Resources:
Department of Child Support Services - FAQ
Child Support Information
What are the benefits of establishing paternity?
Establishing paternity can provide legal, emotional, social and economic ties between a father and his child. Once paternity is legally established, a father gains legal rights and privileges that are afforded to all parents. A child also gains certain rights when paternity is established. Among these may be rights to inheritance, rights to the medical and life insurance benefits of the father, Social Security and possibly veterans benefits. The child has a chance to develop a relationship with the father and to develop a sense of identity and connection to the “other half” of his or her family. Also, it may be important for the health of the child for medical history.
Resources:
Department of Child Support Services - FAQ
Child Support Information
How to get a court order to establish paternity, when the father agrees that he is the father?
If the name of the father is on the birth certificate you may not need a court order. If both parents agree on who the biological father is, you can sign a statement called an Acknowledgment of Paternity. These forms are available at all birthing hospitals, the Office of Vital Records, the Division of Child Support Services at the Arizona Department of Economic Security offices, and many of the offices of the county registrar.
You may also establish court ordered paternity by completing paperwork and filing it with the court. A court order to change a birth certificate must have the birthday of the child on it. If you have a court order for paternity, the order may be filed with the Office of Vital Records directly by the court, the agency that petitioned the court for the order, or one of the parents may deliver it in person. If you decide to bring a court order to the Office of Vital Records in person, you must bring a certified copy of the court order with you.
Resources:
Arizona Department of Health Services Vital Records – Corrections & Amendments to Birth Certificates
Division of Child Support Services – Voluntary Paternity Program
If the father is on the birth certificate, does he still need to petition the court for paternity orders as well as parenting time and legal decision making?
Is his paternity being challenged? If not, then probably not. Even if paternity has been legally established and the father is on the birth certificate, the father has no legal right to parenting time or legal decision making until the court orders parenting time or legal decision making. Your county superior court may have more information or forms on this particular circumstance.
Resources:
Maricopa County forms and instructions
Presumption of paternity A.R.S. § 25-814Paternity FAQ
What is the process to add the name of the father to the birth certificate?
Adding the name of the father to the birth certificate requires filing an Acknowledgment of Paternity. Acknowledgement of Paternity forms can be found at all birthing hospitals, the Office of Vital Records, the Division of Child Support Services at the Arizona Department of Economic Security offices, and many of the office of the county registrar. You can also work with the courts to file for paternity, custody, and related matters together. These forms are filed at your county Superior Court.
Resources:
Find My Court - Superior Court Locations
Arizona Department of Health Services Vital Records – Corrections and Amendments to Birth Certificates
Division of Child Support Services – Voluntary Paternity Program
What is the process to remove the “presumed father” from the birth certificate when it turns out that he is not the biological father?
Paternity may be established in two ways:
1. The biological father mails both his own voluntary acknowledgement of paternity document and a signed and notarized waiver of paternity affidavit from the presumed father to the Hospital Paternity Program (listed on the acknowledgment of paternity form), or
2. Biological paternity is established through a court order and the appropriate paperwork has been given by the biological parent to the clerk of the court.
Once either of these steps are completed then the presumed father will be removed from the birth certificate and the biological father will be added.
Your court might have a do-it-yourself packet to establish paternity. If not, many courts accept the packet of Maricopa County.
Resources:
Maricopa County forms and instructions
Department of Economic Security - Waiver of Paternity Affidavit
What is a “presumed father”?
A presumed father is a person the law has stated is a legal father of a child because of his legal relationship to the mother during the pregnancy. There are several ways a man can be considered a presumed father, the most common of which is being married to the mother. To see a list of all the presumptions review statute A.R.S. §25-814.