questions & answers
Question: Can you add add the fathers name to the birth certificate if he is not present.
Answer: In Arizona, under A.R.S. §36-334(2) if the child’s mother and father are not married in the ten (10) months before the child’s birth, then the father’s name will be added once the father has acknowledged paternity pursuant to A.R.S. §25-812. To establish paternity, under A.R.S. §25-812, the parent will submit forms the clerk of the court. These forms can be found on the Maricopa County Superior Court website. This packet includes instructions and the forms necessary to begin the process. A link to these forms is provided here: Establish voluntary paternity http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drvp1.asp The court says you may use these forms for the situation outlined above (A.R.S. §36-334(2)) and you have an affidavit of acknowledgement of paternity. Here, both parents are completing the court documents acknowledging paternity. Or genetic testing has been done and both parents agree to be bound to the results. The question presented here states the father is not present. In Arizona, under A.R.S. §25-813, the court may enter a default order establishing paternity provided the other party has been served with a summons and failed to respond or appear. Or the court may consider entering a default if an order for genetic or blood testing has been entered and the respondent (father) failed to appear without cause for an appointment or failed to take a blood or genetic test. In other words, the father must have been given proper notice and have an opportunity to respond or appear before the court. To being this process you consider the court has provided the following packet: Establish paternity, legal decision making, and child support. http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drp1.asp Please note the Maricopa County Superior Court provides a free workshop every 3rd Friday of the month regarding establishing paternity. There is a fee associated with filing the forms. The cost is $268.
The court does provide a packet to defer theses costs if a person is eligible. This packet can be found at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/DeferralOfCourtFees/defer_gnf.asp Once you have an order establishing paternity, indicating the father’s name to be added to the birth certificate, you will prepare the following for the Arizona Department of Health Services (AZDHS) as they are in charge of issuing birth certificates. Please note, AZDHS does not take walk-ins and this process must be done by mail.
Please mail the following:
• The Arizona Vital Records Request for Copy of Birth Certificate form completed and signed;
• A copy of the front and back of your government issued identification that has your picture and signature. Note, the signature must be of the same person completing the forms;
• A completed and signed affidavit of paternity or a certified court order of paternity
• The correction/amendment fee. The fee is $30 in Maricopa County.
• A pre-paid envelope. This is necessary so AZDHS can send you the corrected copy. For further information and instructions, including the forms necessary, please visit - http://www.azdhs.gov/licensing/vital-records/index.php#corrections-amendments-birth-certificate This process can be difficult. However, there are free workshops and forms at your reach to assist you along the way.
Can you add add the fathers name to the birth certificate if he is not present.
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State Bar of Arizona
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