Parental Rights & Obligations

questions & answers

Question: Mother is a minor and lives with parents. She and I have agreed to put my (father's) last name on birth certificate. Her parents are refusing. Do I have any legal rights?

Answer:

Assuming that you are the father of the child you may want to consider ARS 36-334 Determining Maternity and Paternitiy for Birth Certificates.

ARS 36-334

A. A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate as the child's mother unless otherwise provided by law or court order.

B. The state registrar shall not refuse to register a birth certificate because the birth certificate does not include the name of the father.

C. If a father's name is stated on a birth certificate, the father's name shall be stated on a birth certificate as follows:

1. Except as provided in section 25-814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.

2. If a mother and father who are not married to each other at the time of birth and were not married to each other in the ten months before the birth voluntarily acknowledge paternity pursuant to section 25-812, the name of the father acknowledging paternity.

3. If the state registrar receives an administrative order or a court order establishing paternity, the father's name in the order.

D. If the acknowledgement of paternity is rescinded pursuant to section 25-812, the state registrar shall remove the father's name from the registered birth certificate

QUESTIONS

  • Mother is a minor and lives with parents. She and I have agreed to put my (father's) last name on birth certificate. Her parents are refusing. Do I have any legal rights?

STORIES

  • Age discrimination in the workplace. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS