questions & answers

Question: Questions on the rights of unmarried fathers-Is it possible to get a court order for a paternity test while the mother is still pregnant (we are not married), or does AZ not recognize those tests? Is it possible to have the mother court ordered to allow me at prenatal appts and the birth of my unborn child? Lastly, do I (as an unmarried father) have any rights at all while the mother is still pregnant? I understand I can gain rights AFTER the child is born, but I would like to be involved long before that.

Answer: Arizona Revised Statutes, Section 25-804 states:  "Proceedings to establish the paternity of the child may be instituted during the pregnancy of the mother or after the birth of the child."  That means you can establish paternity  during the pregnancy.  A.R.S. Section 8-106.01 allows a putative father to establish paternity by filing a notice of a claim of paternity and of his willingness and intent to support the child with the state registrar of vital statistics in the Arizona Department of Health Services.  They will have the appropriate forms at the vital records office of the health department.  The notice must be filed by the time the child is 30 days old.  It can be filed during the pregnancy.  If the mother denies that you are the father, you will be required to file a paternity action in Superior Court to establish paternity.