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What is Voluntary Acknowledgment of Paternity in Arizona?

Should We Sign a Voluntary Acknowledgement of Paternity?

You should only sign an acknowledgment if you’re the natural mother and father of the child. Should I Sign an Acknowledgment of Paternity if I am Not the Natural Father? That may be a legal advice question, but generally speaking, if you are not the biological father, then signing an Acknowledgment of Paternity could set you up for legal problems down the road. Signing this document establishes a legal obligation to support your child pursuant to A.R.S. § 25-501.

Why Should We Complete a Voluntary Acknowledgement of Paternity?

There are many benefits of completing a voluntary acknowledgment of paternity. Completing this document could make it easier for your child(ren), from an estate planning standpoint, to benefit from:

Assets
Inheritance
Veterans benefits
Social Security
Life & health insurance
Other government programs

What if the Father Won’t Sign an Acknowledgment of Paternity?

If the individual believed to be the child’s father will not sign a voluntary acknowledgment of paternity or take a voluntary DNA test, there are ways to compel the person to take a DNA test. The court might order DNA testing to establish paternity. Establishing paternity does not have to be voluntary.

Can We Withdrawal A Voluntary Acknowledgment of Paternity?

Either parent can cancel the Acknowledgment of Paternity within 60 days from the last notarized or witnessed signature. To do this, you need to fill out an Affidavit of Paternity and send it to the Hospital Paternity Program as per A.R.S § 25-812.

In Arizona, legal decisions have declared fathers as legal fathers, compelling them to pay child support for many years, even when there was no biological connection to the child. We have submitted petitions in the past to overturn such rulings, and certain parents have effectively regained their parental rights through this process.

Sources

“Acknowledgement of Paternity Form.” ARIZONA DEPARTMENT OF HEALTH SERVICES, azdhs.gov/documents/vital-records/manuals/acknowledgment-paternity-form.pdf.
“Voluntary Acknowledgment of Paternity; Action to Overcome Paternity.” Arizona State Legislature, www.azleg.gov/ars/25/00812.htm.
“25-501 – Duties of Support; Exemption.” Arizona State Legislature, www.azleg.gov/ars/25/00501.htm.
“What Is An Acknowledgment Of Paternity In Arizona?” Arizona Legal Center, 30 July 2018, arizonalegalcenter.org/what-is-acknowledgment-of-paternity-arizona/.
“Establish Paternity.” Establish Paternity | Arizona Department of Economic Security, des.az.gov/services/child-and-family/child-support/apply-for-child-support/establish-paternity.

Can a Lawyer Help with Establishing Paternity?

If you have questions about child support, child custody, or paternity—issues that can be complex to navigate alone—you should consult a lawyer. Hiring a family law attorney at Moshier Law can help you understand your legal options better and can assist if you face challenges in establishing paternity or want to contest a paternity claim.

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FAQ

What is a voluntary acknowledgment of paternity in Arizona?

A voluntary acknowledgment of paternity is a document used to legally identify the father when a child is born to unmarried parents. Once completed with the required witness or notary, the father’s name can be added to the child’s birth certificate.

Does signing an acknowledgment of paternity give the father custody rights?

No. According to the article, establishing paternity is not the same as obtaining a custody order. Signing the acknowledgment does not automatically give the father visitation or custody rights, although it can be used as a basis for requesting parenting time and legal decision-making rights from the court.

What are the benefits of completing a voluntary acknowledgment of paternity?

The article explains that establishing paternity may make it easier for a child to benefit from assets, inheritance, veterans benefits, Social Security, life and health insurance, and other government programs.

What happens if the father refuses to sign an acknowledgment of paternity?

If the person believed to be the father refuses to sign the acknowledgment or voluntarily take a DNA test, the court may order DNA testing to establish paternity. The article explains that establishing paternity does not have to be voluntary.

Can an acknowledgment of paternity be canceled in Arizona?

Yes. According to the article, either parent can cancel the acknowledgment within 60 days of the last notarized or witnessed signature. This requires completing an Affidavit of Paternity and sending it to the Hospital Paternity Program.