Birth Certificate

questions & answers

Question: I had my daughter 2 months ago and allowed my, then boyfriend, to sign stating that he was the baby's father. His name is on the birth certificate but we have since found out that he is not the baby's father. What do I have to do to get his name off the birth certificate now. We are no longer together and the biologicial father wants to be on the birth certificate. What do I have to do?

Answer:

The following information may be helpful to you:

 

Amending birth certificates

  • The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives a voluntary acknowledgment of paternity pursuant to section 25-812.  [See, ARS § 36-337(A)(2)]

Voluntary acknowledgment of Paternity  ARS § 25-812(A)(1)

  

A. This state or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the department of economic security or the department of health services:

1. A notarized or witnessed statement that contains the social security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity. If the voluntary acknowledgment is filed with the court, the filing party must redact any social security numbers and file them separately pursuant to section 25-501, subsection G. If another man is presumed to be the child's father pursuant to section 25-814, an acknowledgment of paternity is valid only with the presumed father's written consent or as prescribed pursuant to section 25-814. A statement that is witnessed by an employee of the department of economic security or the department of health services or by an employee of a hospital must contain the printed name and residential or business address of the witness. A statement that is witnessed by any other person must contain the printed name and residential address of the witness. If the acknowledgment of paternity is witnessed, the witness must be an adult who is not related to either parent by blood or by marriage. (Emphasis added).

 

 

 

QUESTIONS

  • I had my daughter 2 months ago and allowed my, then boyfriend, to sign stating that he was the baby's father. His name is on the birth certificate but we have since found out that he is not the baby's father. What do I have to do to get his name off the birth certificate now. We are no longer together and the biologicial father wants to be on the birth certificate. What do I have to do?

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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