questions & answers

Question: My 17 year old son's girlfriend is pregnant with is child. She just moved to Ohio to stay with her parents. The baby is due in November 2011. Can we file a paternity request before the baby is born? Also if she wants to give the baby up for adoption doesn't my son have to agree and sign?

Answer:

-Because two states are involved with this type of question, it would be best to consult an attorney. The laws may be different if the mother of the child is in Arizona or another State and also if the child is born in another state other than Arizona. Generally, such procedures to establish maternity/paternity may be best accomplished by voluntary acknowledgement from both the mother and father of the child, see ARS 25-812. Otherwise, proceedings to establish paternity may be instituted during the pregnancy of the mother or after the child’s birth, ARS 25-804. ARS 25-803 describes who can begin the proceedings to establish paternity or maternity, and ARS 25-810 deals with when the father/mother of the child is a minor and what the father/mother’s parents responsibilities may be.

-Once Paternity is established, according to ARS 8-106, the court cannot grant an adoption of the child unless consent to adopt has been obtained and filed with the court from the father-this is according to Arizona law, see ARS 8-106. Another State, such as Ohio, may have different laws regarding adoption. Therefore, it is best to consult an attorney to determine the rights of the mother/father of the child, since it may depend on where the child is born, as well as other factors.