questions & answers

Question: My boyfreind is currently in prison but right before he was taken into custody we found out I was pregnant. Yes it is his and he acknowledges that. He left me with a power of attorney and it is still valid. I want to know can I use the power of attorney to put him as the father on the birth certificate? And how would I do this? would I just sign as if I were him?

Answer:

- Generally, a father’s name does not have to be on the birth certificate in order for the birth certificate to be valid, see ARS 36-334(B). However, if a father’s name is stated on the birth certificate (which can be written in by the mother) the father would have to voluntarily acknowledge paternity through a notarized or witnessed statement that contains the social security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity, see ARS 25-812 (A)(1) for the full requirements. Whether a power of attorney could be used to sign on behalf of the father, it may be best to contact the hospital where the baby will be born and ask the medical records department if they accept such powers’ of attorney. Such may depend on the hospital’s regulations and also on the wording of the power of attorney; as the specific wording and purposes in each power of attorney may be different.