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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : MATERNITY AND PATERNITY PROCEEDINGS
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25-801 Jurisdiction
The superior court has original jurisdiction in proceedings to establish maternity
or paternity. All such proceedings shall be civil actions.
25-802 Venue
Proceedings to establish maternity or paternity may be originated in the county of
residence of the respondent or the petitioner or the child or children the subject of the
action. The fact that the petitioner parent or child or both are not, or never have been,
residents of ARIZONA does not bar the proceeding. 25-804 Time for instituting proceedings
Proceedings to establish the paternity of the child may be instituted during the
pregnancy of the mother or after the birth of the child. For purposes of establishing a
duty to pay support or past support, the proceedings must be instituted before the
child's eighteenth birthday.
25-805 Effect of death, absence or insanity of plaintiff
If after the petition is filed the petitioner dies, becomes insane, departs the
state or fails to litigate the issue, the proceedings do not abate but may be continued,
with the state as petitioner, as to any child in the legal custody of any state agency,
or as to any child who is the beneficiary of any state or federal financial assistance. 25-806 Petition
A. Paternity proceedings are commenced by the filing of a verified petition that
includes the social security number of each party and that alleges that a woman is
delivered of a child or children born out of lawful wedlock or pregnant with a child
conceived out of wedlock and that the respondent is the father of the child or children.
B. Maternity proceedings are commenced by the filing of a verified petition that
includes the social security number of each party and that alleges that a woman is
delivered of a child or children born out of lawful wedlock and that the woman as
respondent is the mother of the child or children.
C. The procedure on the filing of the petition shall be as in other civil cases.
D. If the respondent does not file a response or if the respondent files a written
response admitting paternity or maternity, the court may immediately enter a judgment of
paternity or maternity. If other relevant issues are raised in the petition or response
or in a separate petition filed after entry of a paternity or maternity judgment, the
court shall proceed to resolve all relevant issues in the case pursuant to the rules of
procedure applicable to family law cases.
E. A trial held pursuant to this section shall be made to the court. 25-807 Precedence of maternity and paternity proceedings; delay for blood or tissue tests; court order; evidentiary use; alternative tests
A. Proceedings to establish maternity and paternity have precedence over other
civil proceedings. The case shall be set for trial within sixty days from the filing of
an answer by the respondent.
B. A delay in determining paternity in an action commenced before the birth of the
child shall be granted until after the birth of the child for purposes of paternity tests
if any party to the proceedings requests.
C. The court, on its own motion or on motion of any party to the proceedings, shall
order the mother, her child or children and the alleged father to submit to the drawing
of blood samples or the taking of deoxyribonucleic acid probe samples, or both, and shall
direct that inherited characteristics, including blood and tissue type, be determined by
appropriate testing procedures. An expert duly qualified as an examiner of genetic
markers shall be agreed on by the parties or appointed by the court to analyze and
interpret the results and report to the court.
D. If the results of the blood tests indicate that the likelihood of the alleged
father's paternity is ninety-five per cent or greater, the alleged father is presumed to
be the parent of the child and the party opposing the establishment of the alleged
father's paternity shall establish by clear and convincing evidence that the alleged
father is not the father of the child.
E. The examiner's report shall be admitted at trial unless a timely written
challenge to the examiner's report is filed with the court within twenty-one days of the
initial trial date. If the results of the examiner's report have been challenged and on
the reasonable request of a party, the court shall order an additional test to be made by
the same laboratory or an independent laboratory at the expense of the party requesting
additional testing.
F. If a timely written challenge is not filed pursuant to subsection E, the
examiner's report is admissible in evidence without the need for foundation testimony or
other proof of authenticity or accuracy.
G. The court, on application of either party, shall determine the proportion and
time in which the initial test costs shall be paid.
H. On motion of a party to the proceedings, the court may order that experts
perform alternative or additional tests including medical, scientific and genetic tests. 25-809 Judgment
A. Except as provided in section 25-501, subsection F, if a respondent admits
parentage or if the issue is decided in the affirmative in an action instituted during
the child's minority, the court shall direct, subject to applicable equitable defenses
and using a retroactive application of the current child support guidelines, the amount,
if any, the parties shall pay for the past support of the child and the manner in which
payment shall be made.
B. The court shall enter an order for support determined to be due for the period
between the commencement of the proceeding and the date that current child support is
ordered to begin. The court shall not order past support retroactive to more than three
years before the commencement of the proceeding unless the court makes a written finding
of good cause after considering all relevant circumstances, including:
1. The circumstances, conduct or motivation of the party who claims entitlement to
past support in not seeking an earlier establishment of maternity or paternity.
2. The circumstances, conduct or motivation of the party from whom past support is
sought in impeding the establishment of maternity or paternity.
3. The diligence with which service of process was attempted on the respondent.
C. The court shall also direct the amount either parent shall pay for the actual
costs of the pregnancy, childbirth and any genetic testing and other related costs
subject to production of billing statements or other documentation. This documentation
is prima facie evidence of amounts incurred and is admissible in evidence without the
need for foundation testimony or other proof of authenticity or accuracy.
D. In any proceeding under this article the court shall order either parent or both
parents to pay any monies reasonable and necessary for the support of the minor
unemancipated child until the child reaches the age of majority or is emancipated. In
determining the amount of support for the child, the court shall apply the child support
guidelines pursuant to section 25-320, subsection D. If a child reaches the age of
majority while the child is attending high school or a certified high school equivalency
program, support shall continue to be provided while the child is actually attending high
school or the equivalency program but only until the child reaches nineteen years of age
unless the court enters an order pursuant to subsection F of this section.
E. The court may modify an order of support pursuant to section 25-503, subsection
D.
F. Even if a child is over the age of majority when a petition is filed or at the
time of the final decree, the court may order support to continue past the age of
majority if all of the following are true:
1. The court has considered the factors prescribed in subsection D of this section.
2. The child is severely mentally or physically disabled as demonstrated by the
fact that the child is unable to live independently and be self-supporting.
3. The child's disability began before the child reached the age of majority.
G. After considering the financial resources of both parties and the reasonableness
of the positions each party has taken throughout the proceedings, the court may order a
party to pay a reasonable amount to the other party for the costs and expenses of
maintaining or defending any proceeding under this article. The court may order the party
to pay these amounts directly to the attorney. The attorney may enforce the order in the
attorney's name with the same force and effect and in the same manner as if the order had
been made on behalf of any party to the action. For the purposes of this subsection,
"costs and expenses" includes attorney fees, deposition costs, appellate costs and other
reasonable expenses the court determines were necessary.
H. The court has contempt powers to enforce its orders.
I. The parties may terminate an action brought under this article by agreement and
compromise only if the court has approved the terms of the agreement and compromise. 25-810 Liability of parents if putative mother or father is a minor; periodic payments
A. Except as provided pursuant to section 25-501, subsection F, the parent or
parents having custody or control of the putative mother or father may be joined as
respondents in the action if the putative mother or father is a minor or was a minor at
the time the action was commenced. The parents may be held jointly and severally liable
with the minor until the minor reaches the age of majority.
B. The court may order that a judgment made against a parent pursuant to this
section be satisfied through periodic payments as other child support orders.
C. In addition to the enforcement of support remedies provided pursuant to section
25-508, an order made pursuant to this section that provides for periodic payments shall
be enforced pursuant to this chapter.
25-812 Voluntary acknowledgment of paternity; action to overcome paternity
A. This state or the parent of a child born out of wedlock may establish the
paternity of a child by filing one of the following with the clerk of the superior court,
the department of economic security or the department of health services:
1. A notarized or witnessed statement that contains the social security numbers of
both parents and that is signed by both parents acknowledging paternity or two separate
substantially similar notarized or witnessed statements acknowledging paternity. If
another man is presumed to be the child's father pursuant to section 25-814, an
acknowledgment of paternity is valid only with the presumed father's written consent or
as prescribed pursuant to section 25-814. A statement that is witnessed by an employee of
the department of economic security or the department of health services or by an
employee of a hospital must contain the printed name and residential or business address
of the witness. A statement that is witnessed by any other person must contain the
printed name and residential address of the witness. If the acknowledgment of paternity
is witnessed, the witness must be an adult who is not related to either parent by blood
or by marriage.
2. An agreement by the parents to be bound by the results of genetic testing
including any genetic test previously accepted by a court of competent jurisdiction, or
any combination of genetic testing agreed to by the parties, and an affidavit from a
certified laboratory that the tested father has not been excluded.
B. On filing a document required in subsection A of this section with the clerk of
the superior court, the clerk or authorized court personnel shall issue an order
establishing paternity, which shall include the social security number of the parents and
may amend the name of the child or children, if requested by the parents. The clerk shall
transmit a copy of the order of paternity to the department of health services and the
department of economic security.
C. On entry of an order by the clerk of the superior court, the paternity
determination has the same force and effect as a judgment of the superior court. In a
non-title IV-D case, the clerk shall transmit a copy of an order granted under this
subsection to the state title IV-D agency. The case filing fee prescribed by section
12-284 shall not be charged to any person who, in the same county, initiates or responds
to a proceeding to establish child support or to obtain an order for custody or parenting
time within ninety days after an order establishing paternity is issued under subsection
B of this section.
D. A voluntary acknowledgment of paternity executed pursuant to subsection A,
paragraph 1 of this section may be filed with the department of economic security, which
shall provide a copy to the department of health services. A voluntary acknowledgment of
paternity made pursuant to this section is a determination of paternity and has the same
force and effect as a superior court judgment.
E. Pursuant to rule 60(c) of the ARIZONA rules of civil procedure, the mother,
father or child, or a party to the proceeding on a rule 60(c) motion may challenge a
voluntary acknowledgment of paternity established in this state at any time after the
sixty day period only on the basis of fraud, duress or material mistake of fact, with the
burden of proof on the challenger and under which the legal responsibilities, including
child support obligations of any signatory arising from the acknowledgment shall not be
suspended during the challenge except for good cause shown. The court shall order the
mother, her child or children and the alleged father to submit to genetic testing and
shall direct that appropriate testing procedures determine the inherited characteristics,
including blood and tissue type. If the court finds by clear and convincing evidence that
the genetic tests demonstrate that the established father is not the biological father of
the child, the court shall vacate the determination of paternity and terminate the
obligation of that party to pay ongoing child support. An order vacating the
determination of paternity operates prospectively only and does not alter the obligation
to pay child support arrearages or, unless otherwise ordered by the court, any other
amount previously ordered to be paid pursuant to section 25-809.
F. Before signing a voluntary acknowledgment of paternity pursuant to this section,
the parties shall be provided notice of the alternatives to, the legal consequences of
and the rights and responsibilities that arise from signing the acknowledgment.
G. The department of economic security shall notify the department of health
services of all paternity determinations and rescissions.
H. The mother or the father may rescind the acknowledgment of paternity within the
earlier of:
1. Sixty days after the last signature is affixed to the notarized acknowledgment
of paternity that is filed with the department of economic security, the department of
health services or the clerk of the court.
2. The date of a proceeding relating to the child, including a child support
proceeding in which the mother or father is a party.
I. A rescission authorized pursuant to subsection H of this section must be in
writing and a copy of each rescission of paternity shall be filed with the department of
economic security. The department of economic security shall mail a copy of the
rescission of paternity to the other parent and to the department of health services.
J. Voluntary acknowledgments of paternity and rescissions of paternity filed
pursuant to this section shall contain data elements in accordance with the requirements
of the United States secretary of health and human services. 25-813 Default order of paternity
In an action to establish paternity, the court shall enter an order of paternity if
either:
1. The service of summons is complete and the respondent fails to appear or
otherwise answer.
2. An order for genetic or blood testing has been entered and the respondent fails
to appear without cause for an appointment to take a blood or genetic test or fails to
take a blood or genetic test. 25-814 Presumption of paternity
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.
2. Genetic testing affirms at least a ninety-five per cent probability of
paternity.
3. A birth certificate is signed by the mother and father of a child born out of
wedlock.
4. A notarized or witnessed statement is signed by both parents acknowledging
paternity or separate substantially similar notarized or witnessed statements are signed
by both parents acknowledging paternity.
B. If another man is presumed to be the child's father under subsection A,
paragraph 1, an acknowledgment of paternity may be effected only with the written consent
of the presumed father or after the presumption is rebutted. If the presumed father has
died or cannot reasonably be located, paternity may be established without written
consent.
C. Any presumption under this section shall be rebutted by clear and convincing
evidence. If two or more presumptions apply, the presumption that the court determines,
on the facts, is based on weightier considerations of policy and logic will control. A
court decree establishing paternity of the child by another man rebuts the presumption.
25-815 Paternity; full faith and credit
If paternity has been established in another state by a court or administrative
order or voluntary acknowledgment, the determination of paternity has the same force and
effect in this state as if the determination of paternity was granted by a court in this
state.
25-816 Title IV-D child support; paternity establishment; genetic testing
A. On receipt of a sworn statement by the mother or the alleged father alleging
paternity and setting forth the facts establishing a reasonable possibility of the
requisite sexual contact between the parties, the department of economic security or its
agent may order the mother, her child or children and the alleged father to submit to the
drawing of blood or tissue samples for genetic testing of a type generally acknowledged
as reliable by accreditation bodies. If the mother cannot be located the department or
its agent may order the caretaker of the child or children to present the child or
children for genetic testing. The order shall be served by first class mail or delivered
at least ten business days before the genetic testing. The department or its agent shall
pay the costs of the test subject to repayment from the mother or the alleged father if
paternity is established. An order of genetic testing issued by the department or its
agent has the same force and effect as a superior court order.
B. If the results of the genetic testing indicate that the likelihood of the
alleged father's paternity is ninety-five per cent or greater, the alleged father is
presumed to be the parent of the child and the party opposing the establishment of the
alleged father's paternity shall establish by clear and convincing evidence that he is
not the father of the child.
C. A person who is tested pursuant to this section may contest the test results in
writing to the department or its agent within thirty days after the department or its
agent mails the results to that person. If the original test results are contested in a
timely manner, on request and advance payment by the requesting party, the department or
its agent shall order a second genetic test pursuant to subsection A.
25-817 Temporary support orders; presumption of paternity
A. The court shall issue a temporary order of support pending a judicial
determination of paternity if any of the following applies:
1. Genetic testing affirms at least a ninety-five per cent probability of
paternity.
2. A notarized or witnessed statement is signed by both parents acknowledging
paternity or separate substantially similar notarized or witnessed statements are signed
acknowledging paternity and filed with the department of health services pursuant to
section 36-334 or filed with the department of economic security.
3. The respondent admits or does not deny paternity in a written response filed
with the clerk of the court.
4. There is other clear and convincing evidence as determined by a court.
B. A temporary order of support does not prejudice the rights of a person or child
that are adjudicated at subsequent hearings in the proceeding.
C. A temporary order of support may be revoked or modified and terminates when the
final support order is entered or when the petition for support is dismissed. 25-818 Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements
A. The department of economic security shall maintain a paternity case registry for
this state. Public and private entities that obtain or receive a voluntary acknowledgment
of paternity shall promptly transmit the original signed and completed acknowledgment to
the department of economic security. This requirement does not apply to the superior
court.
B. The department of economic security may dispose of an original voluntary
acknowledgment of paternity not sooner than one year after the date of the last signature
on the acknowledgment and only after it makes an electronic copy of the original
acknowledgment.
C. The clerk of the superior court shall transmit a copy of each order of paternity
or maternity to the department of economic security.
D. The department of economic security shall maintain automated records regarding
the parents and any child whose name is stated in a voluntary acknowledgment of paternity
or an order of paternity or maternity.
E. The clerk of the superior court, the department of economic security and the
department of health services shall cooperate to ensure that the state registrar of vital
records receives a copy of a voluntary acknowledgment of paternity or order of paternity
or maternity relating to any child born in this state.
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