How to Establish Paternity in Arizona
Reviewed by DocDraft Legal Team · Arizona · Last updated 2026-09-12
In Arizona, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and parenting time, inheritance, health coverage, and benefits. Unmarried parents who agree can establish paternity by signing a notarized or witnessed acknowledgment or a birth certificate together; either signer may cancel the acknowledgment during the federal 60-day rescission window, after which it can be challenged only for fraud, duress, or material mistake of fact. When parents disagree, a court decides parentage under A.R.S. 25-812 and 25-814. Two Arizona rules are load-bearing. Proceedings to establish paternity may be started during pregnancy or after birth, but to establish a duty to pay support they must be instituted before the child's 18th birthday (A.R.S. 25-804). And Arizona lists four ways a man is presumed the father in A.R.S. 25-814, including that he and the mother were married at any time in the ten months immediately preceding the birth, or the child is born within ten months after the marriage ends, and, distinctively, that genetic testing affirms at least a 95 percent probability of paternity. Any presumption is rebutted only by clear and convincing evidence, and where another man is already the presumed father an acknowledgment requires his written consent or a rebutted presumption (A.R.S. 25-814). Attorney review of your situation is available through DocDraft.
Find out where you stand in Arizona
Where are you in establishing paternity?
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What are the ways to establish paternity in Arizona?
Unmarried parents who agree can sign a notarized or witnessed acknowledgment of paternity, or sign the birth certificate together, which establishes the father under A.R.S. 25-814. If parents disagree, a court determines paternity under A.R.S. 25-812 and 25-814, usually after ordering genetic testing.
How long do I have to establish paternity in Arizona?
A paternity proceeding may be started during the mother's pregnancy or after the child is born. But to establish a duty to pay support or past support, the proceeding must be instituted before the child's 18th birthday (A.R.S. 25-804). That 18th-birthday limit is tied to establishing the support duty rather than to parentage itself.
Is a married mother's husband automatically the father in Arizona?
Under A.R.S. 25-814, a man is presumed the father if he and the mother were married at any time in the ten months immediately preceding the birth, or the child is born within ten months after the marriage ends. Any presumption is rebutted only by clear and convincing evidence, or by a court decree naming another man as father.
What genetic-testing result establishes paternity in Arizona?
Under A.R.S. 25-814, a man is presumed to be the father if genetic testing affirms at least a 95 percent probability of paternity. This presumption, like Arizona's others, may then be rebutted only by clear and convincing evidence. The 95 percent threshold is lower than the 99 percent used in some states.
Arizona paternity law at a glance
Arizona sets out its paternity presumptions in one statute, A.R.S. 25-814, and they are broad. A man is presumed the father if he and the mother were married at any time in the ten months before the birth or the child is born within ten months after the marriage ends, if genetic testing affirms at least a 95 percent probability of paternity, if a birth certificate for a child born out of wedlock is signed by both parents, or if both sign a notarized or witnessed acknowledgment. Arizona uses a ten-month marriage window rather than the common 300-day rule, and its 95 percent threshold is lower than the 99 percent some states require. Any presumption is rebutted only by clear and convincing evidence. Timing is also distinct: a case may begin during pregnancy, but one to establish a support duty must be instituted before the child's 18th birthday (A.R.S. 25-804).
Establishing Arizona paternity for a child born to unmarried parents
Suppose a child is born in Arizona to unmarried parents who agree on the father. They sign a notarized acknowledgment of paternity and both sign the birth certificate, which establishes paternity under A.R.S. 25-814. Weeks later one parent reconsiders and can still file a rescission within the federal 60-day window; after that, the acknowledgment stands unless set aside for fraud, duress, or material mistake of fact. Had the parents instead disputed parentage, either could ask the court to order genetic testing, where a result affirming at least a 95 percent probability of paternity creates a presumption (A.R.S. 25-814). If they were seeking child support, they would need to institute the case before the child's 18th birthday (A.R.S. 25-804). Had the mother been married within the ten months before birth, her husband would be the presumed father until rebutted by clear and convincing evidence. Attorney review is available through DocDraft.
Relevant Laws
A.R.S. 25-804 (time for instituting proceedings)
Provides that paternity proceedings may be instituted during the mother's pregnancy or after the child's birth, but that for the purpose of establishing a duty to pay support or past support the proceedings must be instituted before the child's 18th birthday.
A.R.S. 25-814 (presumption of paternity and genetic-testing threshold)
Provides that a man is presumed the father if he and the mother were married in the ten months preceding birth or the child is born within ten months after the marriage ends, if genetic testing affirms at least a 95 percent probability of paternity, or if the parents sign the birth certificate or a notarized or witnessed acknowledgment, and that any presumption is rebutted only by clear and convincing evidence.
A.R.S. 25-812 (voluntary acknowledgment of paternity)
Sets out how paternity is established by a signed acknowledgment or agreement, its filing, and the 60-day period within which a party may rescind an acknowledgment before it becomes a final determination of paternity.
42 U.S.C. 666(a)(5) and 45 CFR 303.5 (federal voluntary acknowledgment and 60-day rescission)
Federal law requires every state child-support program to offer an in-hospital voluntary paternity acknowledgment, a 60-day period to rescind it, and a rule that after 60 days the acknowledgment may be challenged only for fraud, duress, or material mistake of fact.
Arizona Division of Child Support Services
The Division of Child Support Services, part of the Arizona Department of Economic Security, can open a case to establish paternity and support and administers the voluntary acknowledgment of paternity process.
Regional Variances
Arizona paternity rules at a glance
Voluntary path
Unmarried parents establish paternity by signing a notarized or witnessed acknowledgment, or by both signing the birth certificate (A.R.S. 25-814). It is usually offered at the hospital after birth.
Rescission window
A signer may rescind an acknowledgment within the federal 60-day window, or before an earlier court proceeding about the child (A.R.S. 25-812). After that, only fraud, duress, or material mistake of fact will set it aside.
Marital presumption
A man is presumed the father if the parents married within the ten months before birth or the child is born within ten months after the marriage ends (A.R.S. 25-814), a wider window than the 300-day rule used in many states.
Deadline to establish
A paternity case may start during pregnancy or after birth, but a case to establish a support duty must be instituted before the child's 18th birthday (A.R.S. 25-804).
Genetic-testing threshold
Genetic testing that affirms at least a 95 percent probability of paternity creates a presumption of paternity (A.R.S. 25-814), lower than the 99 percent standard several states apply.
Who administers it
The Division of Child Support Services, part of the Arizona Department of Economic Security, opens paternity and support cases; disputed paternity is decided by the court, which may order genetic testing.
Suggested Compliance Checklist
Confirm whether a presumption already applies
Before signing or filing anything days after startingDetermine whether the parents were married within the ten months before birth, which makes the husband the presumed father under A.R.S. 25-814. If another man is the presumed father, an acknowledgment requires his written consent or a rebutted presumption.
Get genetic testing if biological parentage is uncertain
Before signing an acknowledgment days after startingBecause a signed acknowledgment carries legal weight, obtain genetic testing first if there is any doubt. Under A.R.S. 25-814, testing that affirms at least a 95 percent probability of paternity creates a presumption of paternity.
Sign the acknowledgment of paternity
At the hospital or a local office days after startingUnmarried parents who agree sign a notarized or witnessed acknowledgment, or both sign the birth certificate, to establish paternity under A.R.S. 25-814. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the federal 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, file a rescission within the federally mandated 60-day window (A.R.S. 25-812), or before an earlier court proceeding about the child. After that, only fraud, duress, or material mistake of fact will undo it.
File a paternity action if parents disagree
Support case before the child turns 18 days after startingIf parents do not agree, ask the Division of Child Support Services to open a case or file a paternity action under A.R.S. 25-812. To establish a support duty, file before the child's 18th birthday (A.R.S. 25-804). The court can order genetic testing.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the federal 60-day rescission window and the child's 18th-birthday cutoff for a support case (A.R.S. 25-804) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a presumption already applies | Determine whether the parents were married within the ten months before birth, which makes the husband the presumed father under A.R.S. 25-814. If another man is the presumed father, an acknowledgment requires his written consent or a rebutted presumption. | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a signed acknowledgment carries legal weight, obtain genetic testing first if there is any doubt. Under A.R.S. 25-814, testing that affirms at least a 95 percent probability of paternity creates a presumption of paternity. | - | Before signing an acknowledgment |
| Sign the acknowledgment of paternity | Unmarried parents who agree sign a notarized or witnessed acknowledgment, or both sign the birth certificate, to establish paternity under A.R.S. 25-814. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the federal 60-day rescission window | If you need to cancel a signed acknowledgment, file a rescission within the federally mandated 60-day window (A.R.S. 25-812), or before an earlier court proceeding about the child. After that, only fraud, duress, or material mistake of fact will undo it. | - | Within 60 days of signing |
| File a paternity action if parents disagree | If parents do not agree, ask the Division of Child Support Services to open a case or file a paternity action under A.R.S. 25-812. To establish a support duty, file before the child's 18th birthday (A.R.S. 25-804). The court can order genetic testing. | - | Support case before the child turns 18 |
| Keep records of the acknowledgment, testing, and orders | Save copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the federal 60-day rescission window and the child's 18th-birthday cutoff for a support case (A.R.S. 25-804) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Arizona means legally identifying a child's father so the child can receive support, custody and parenting time, inheritance, health coverage, and benefits. It can be done by signing an acknowledgment of paternity or through a court action to determine paternity under A.R.S. 25-812 and 25-814.
Unmarried parents who agree can sign a notarized or witnessed acknowledgment or both sign the birth certificate, which establishes the father under A.R.S. 25-814. If parents disagree, a court decides paternity, generally after ordering genetic testing that meets the state threshold.
A paternity proceeding may begin during pregnancy or after birth, so there is no minimum age before a case can start. The key deadline runs the other way: to establish a duty to pay support or past support, the proceeding must be instituted before the child's 18th birthday (A.R.S. 25-804).
Under A.R.S. 25-814, a man is presumed the father if he and the mother were married at any time in the ten months immediately preceding the birth, or the child is born within ten months after the marriage ends. The presumption is rebutted only by clear and convincing evidence.
Under A.R.S. 25-814, genetic testing that affirms at least a 95 percent probability of paternity creates a presumption that the man is the father. That presumption may then be rebutted only by clear and convincing evidence. Arizona's 95 percent threshold is lower than the 99 percent some states use.
Yes, within a limited window. A signer may file a rescission during the federally mandated 60-day period after signing, or before an earlier court proceeding about the child. After that, the acknowledgment can be set aside only for fraud, duress, or material mistake of fact.
Not on your own. Under A.R.S. 25-814, if another man is presumed to be the father because he was married to the mother, an acknowledgment can be effected only with that presumed father's written consent or after the presumption has been rebutted, unless he has died or cannot reasonably be located.
The Division of Child Support Services, part of the Arizona Department of Economic Security, can open a case to establish paternity and support. When parentage is disputed, the court decides it under A.R.S. 25-812 and can order genetic testing before entering a judgment.
Other Arizona guides
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