If your name is not on your child’s birth certificate, Arizona law provides a procedure to add it. Depending on the mother’s marital status and whether the parents agree on paternity, the process can be simple, or it can be more complex. If you are interested in learning how to establish your paternity or have your name added to a child’s birth certificate, contact the experienced attorneys at Stewart Law Group.
Mother of the Child is Married
Arizona law provides that a father’s name can be listed on a child’s birth certificate if the mother is married at the time of the birth or if she was married at any time in the ten months preceding the birth, then the name of the mother’s husband can be listed.
Court Order
The father’s name can be listed or changed on a child’s birth certificate if the Arizona registrar receives a court order or administrative order establishing paternity, the father’s name in the order can be listed.
Unwed Mother
Arizona law provides that an unwed mother automatically has full parental rights to the child. However, the unwed father must establish paternity and parental rights. An unwed father who signs the birth certificate must still take action to confirm his parental rights so he can make legal decisions for the child. Until the unwed father has established his parental rights, the mother has the right to make legal dec
How to Add Father’s Name on Birth Certificate
If the child is under 18 years of age and both parents agree to add the name, the process is fairly simple. Documentation establishing paternity (for example, a match of 95% or more on a genetic test) and both parents agreeing that the father listed is the child’s biological father is sufficient to change the child’s last name (or change any part of the child’s name) on the birth certificate. This paperwork must be completed within three months of the date of the child’s birth.
The documentation to establish or rescind paternity must be completed and filed exactly as requested. Failure to be meticulous in the paperwork can result in your request being denied. Thus, it is essential to work with an experienced family lawyer to process your forms.
Working with an Attorney
Understanding the requirements for Arizona birth certificate laws can be complicated, especially when considering a scenario that’s not traditional surrounding your child’s birth. However, an experienced family law attorney can help you ensure your parental rights are protected, regardless of birth records.
Decades of Family Law Experience on Your Side
If you have questions about how to add your name to your child’s birth certificate in Arizona or need help with any other family law matter, reach out by calling 602-548-3400 or filling out a case evaluation form to discuss your legal options. We accomplish this while taking into consideration the financial, legal, and psychological impact divorce and child custody cases can have. We always put our clients first. At Stewart Law Group, the future of every Phoenix family and child matters to us.