questions & answers

Question: My girlfriend got pregnant and I assumed I was the father. When she was born I signed the aknowledgment of paternity at the hospital. After four months my daughter was very dark and she looked mexican which I am not. I did a dna test and it turns out I am not the biological father. I am on the birth certificate. I need to file a challenge to the paternity and need to know what forms I need to file with the court

Answer:

A   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 www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/ to find forms for Maricopa County.

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00812.htm&Title=25&DocType=ARS

You can have the birth certificate amended.  Contact the Arizona Department of Health Services ("ADHS") for more information.  (You may need a court order to remove your name.)  Also, review ARS § 36-337, which covers amending birth certificates.