What is a legal parent?

This is defined by statute. A.R.S. § 25-401(4) reads, “‘Legal parent’ means a biological or adoptive parent whose parental rights have not been terminated.  Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814.” Under this definition, the biological father may not necessarily be a legal parent. How he becomes a legal parent is complicated and not something worth discussing here. In short, if the biological father is not on the birth certificate and has not filed to establish paternity with the court, he is likely not a legal parent. Also, be aware if the mother was in a same-sex marriage at the time of the child’s birth, chances are that her wife is a legal parent.