How do I establish paternity in Arizona?

Arizona paternity law is found in A.R.S. Title 25, Chapter 6 (Maternity and Paternity Proceedings).

1. Voluntary Acknowledgment of Paternity

Form provided by ADHS / DCSS is signed by both parents at the hospital or later, notarized, and filed with the Department of Economic Security / DCSS. Under A.R.S. § 25-812(D) the acknowledgment "has the same force and effect as a superior court judgment" once it has been on file for 60 days. Either signatory may rescind within 60 days through a written request to the agency (§ 25-812(H)). After 60 days, challenges require fraud, duress, or material mistake of fact, generally within 6 months of discovery (§ 25-812(E)).

2. Court-Ordered Paternity

An action under A.R.S. § 25-803 may be filed by the mother, alleged father, child (through guardian ad litem), DES on behalf of a child receiving public assistance, or a public-welfare official in the superior court of the county where the mother or child resides. Under A.R.S. § 25-807 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 95% probability creates a presumption of paternity (§ 25-814(A)(3)).

3. Presumption of Paternity

Under A.R.S. § 25-814 a man is presumed the father if married to the mother at any time in the 10 months immediately preceding birth, a genetic test shows a 95% probability of paternity, both parents sign a birth certificate, or both parents sign a notarized acknowledgment. The marital presumption may be rebutted by clear and convincing evidence (§ 25-814(C)).

4. Effects of Establishing Paternity

Triggers child-support liability under A.R.S. § 25-320 and the Arizona Child Support Guidelines, opens legal decision-making and parenting time under § 25-403, vests intestate inheritance under § 14-2114, and supports birth-certificate amendment via ADHS Vital Records.

5. Special Situations

Same-sex spouses are presumed parents post-Obergefell and McLaughlin v. Jones, 243 Ariz. 29 (2017). Donor non-parentage is recognized under A.R.S. § 25-501(B). Arizona's surrogacy contracts are unenforceable under § 25-218 but courts often issue pre-birth orders.

This is legal information, not legal advice.