Paternity

questions & answers

Question: I am not married to my child's father. He signed an aknowledgment of paternity when we were in the hospital so he could be put on the birth cert. Is that enough or do I need to get a real test done to start the child support process. And if so how do I get the fees waived?

Answer:

A   In Arizona, (under A.R.S. § 25-812) there are four different ways to legally establish paternity.  A man is presumed to be the father of the child if:

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

 

  1. He and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
  2. Genetic testing affirms at least a ninety-five per cent probability of paternity.
  3. A birth certificate is signed by the mother and father of a child born out of wedlock.
  4. A notarized or witnessed statement is signed by both parents acknowledging paternity or separate substantially similar notarized or witnessed statements are signed by both parents acknowledging paternity.

 

Only one of the four is needed, so a DNA test would not be required if the father had signed the birth certificate or the acknowledgment of paternity.

QUESTIONS

  • I am not married to my child's father. He signed an aknowledgment of paternity when we were in the hospital so he could be put on the birth cert. Is that enough or do I need to get a real test done to start the child support process. And if so how do I get the fees waived?

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  • State Bar of Arizona
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