questions & answers

Question: I am married but have been separated (no legal separation filed) from my husband for 4 years. I have now had a baby with my boyfriend and the hospital won't name the father on the birth cert. They insist AZ law says it has to be her legal husband by default. Is this true? What do we do?

Answer:

The statutes for paternity can be found under Title 25 of the Arizona Revised Statutes.  ARS 25-814 discusses the presumption of paternity. It states the following:

"A. A man is presumed to be the father of the child if:

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."