questions & answers
Question: Mother is a minor and lives with parents. She and I have agreed to put my (father's) last name on birth certificate. Her parents are refusing. Do I have any legal rights?
Assuming that you are the father of the child you may want to consider ARS 36-334 Determining Maternity and Paternitiy for Birth Certificates.
A. A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate as the child's mother unless otherwise provided by law or court order.
B. The state registrar shall not refuse to register a birth certificate because the birth certificate does not include the name of the father.
C. If a father's name is stated on a birth certificate, the father's name shall be stated on a birth certificate as follows:
1. Except as provided in section 25-814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.
2. If a mother and father who are not married to each other at the time of birth and were not married to each other in the ten months before the birth voluntarily acknowledge paternity pursuant to section 25-812, the name of the father acknowledging paternity.
3. If the state registrar receives an administrative order or a court order establishing paternity, the father's name in the order.
D. If the acknowledgement of paternity is rescinded pursuant to section 25-812, the state registrar shall remove the father's name from the registered birth certificate
Mother is a minor and lives with parents. She and I have agreed to put my (father's) last name on birth certificate. Her parents are refusing. Do I have any legal rights?
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program
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