questions & answers

Question: I was told I was the father and signed the birth certificate & paternity papers. I found out I may not be the father. She just filed Paternity & Support papers- I have to respond to in 20 days. I want a DNA to prove if I am the father or not. Will the judge order one if I signed the birth certificate?

Answer: The following is provided for education purposes only and should not be construed as legal advice. In order to determine how the law applies to your specific situation, please consider contacting an attorney directly. In Arizona, (under A.R.S. § 25-812) any presumption of paternity may be rebutted by clear and convincing evidence. This means that evidence of a DNA test can be used to challenge a signed acknowledgment of paternity. There is a self-help center with many of the necessary forms. Visit the Maricopa County Superior Court website to find the appropriate forms. According to A.R.S. § 25-807, “The court, on its own motion or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to genetic testing and shall direct that inherited characteristics to determine parentage, including blood and tissue type, be determined by appropriate testing procedures conducted by an accredited laboratory.” This means, essentially, that the court will order a paternity test on the motion of a party, or it may do so on its own. Because the acknowledgment of paternity can be rebutted with clear and convincing evidence (such as a DNA test), the acknowledgment should not cause the court to simply assume that the acknowledged father is the father of the child particularly if he later denies paternity.