Presumption of Paternity

There are four presumption of paternity: Married to the mother within 10 months of birth (under case law, a woman married to the mother may claim this presumption), genetic testing confirms he is the father, a birth certificate signed by both parents, or a Voluntary Acknowledgment of Paternity signed by both parents (and the mother’s spouse if she is married and another person is acknowledge as the father). A presumption alone does not establish paternity. A person is not a legal parent until the Court rules that they are a parent or when the Acknowledgment of Paternity is filed with the state of Arizona. When two or more presumptions apply, the Court must decide which person will be the parent. See A.R.S. § 25-814.