questions & answers

Question: My sister in law is pregnant and not married. She does not wish to be with the babies father and will be doing a paternity test when the baby is born. If the test comes back that he is the parent, does she have to make the babies last name the same as his in order to get child support? If he signs his parental rights away, does he still have to pay child support?

Answer:

Your sister-in-law's rights to support will not be effected by whether the baby takes the father's last name or not.  A.R.S. § 8-539 discusses termination of parental rights. That statute says, "An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations with respect to each other except the right of the child to inherit and support from the parent. This right of inheritance and support shall only be terminated by a final order of adoption."