Paternity

DCSS-POL-03-2 v.1

 

1. OVERVIEW

1. The purpose of this overview is to provide staff and the members of the public a working knowledge of how parents may establish paternity for their children born out of wedlock through the Division of Child Support Services (DCSS). The DCSS shall provide the administrative voluntary process or the judicial process to establish paternity for children born out of wedlock before the child reaches the age of eighteen.

2. APPLICABILITY

1. This policy applies to all Arizona IV-D program staff performing title IV-D services.

3. POLICY

1. The DCSS shall establish paternity for children born to unwed parents through the administrative voluntary acknowledgment process or through the judicial process, including genetic testing and paternity referrals for court action to the Attorney General (AG) or county attorney.

4. CRITERIA

1. Paternity proceedings may be started any time after the birth and up until the eighteenth birthday of the child by one of the following:

1. The mother or support recipient(SR) of a child
2. A man claiming to be the alleged father (AF) of a child
3. The guardian or caretaker of a child
4. An agency that has legal custody of a child.

2. Presumption of Paternity

1. A presumption of paternity exists when one of the following situations is true:

1. The father and the mother of the child were married at any time in the ten months immediately preceding the birth or the child is born within ten months after the marriage is terminated by death, annulment, declaration of invalidity or dissolution of marriage or after the court enters a decree of legal separation.
2. Genetic tests affirm at least ninety-five percent probability of paternity
3. The father’s name is on an Arizona birth certificate dated after 7/21/1996.

3. Contesting the Presumption of Paternity

1. The DCSS shall not accept a Request for Title IV-D Child Support Services in an attempt to challenge paternity established by the voluntary acknowledgment process after the 60 day rescission period has expired. See HPP Policy.
2. Legally Presumed Father

1. When a support recipient is married or is divorced within 10 months of the birth of the child, but is not naming her husband as the father, he shall be considered the legally presumed father (LPF).

3. Annulment

1. An annulment is issued by the court when a marriage is deemed to be “void” or “voidable” under Arizona law.

1. Void marriage is one that never existed by law.
2. Voidable marriage is one in which the marriage continues until one party exercises their right to have it annulled.

2. A decree of annulment shall establish the rights and obligations for any child born to the parties. The decree may or may not contain specific language addressing the issue of paternity.

1. Staff shall refer any decree of annulment to the AG or office attorney for interpretation of the matter of paternity in the order.

4. Administrative Establishment of Paternity

1. The DCSS shall establish paternity administratively through the voluntary process when the support recipient or the AF voluntarily sign the Acknowledgment of Paternity (AOP).

1. This policy shall apply to all children, regardless of whether or not they are born in Arizona. Federal law requires other states to give full faith and credit to a determination of paternity established under Arizona law.

2. The DCSS shall accept an Acknowledgment of Paternity (AOP), downloaded from the DCSS web site by the support recipient or AF and brought to the DCSS office. The DCSS shall send the AOP to the Hospital Paternity Program (HPP) to establish paternity.

1. The parents may choose not to open a case with DCSS if they only want to establish paternity by filing the AOP.

5. Judicial Establishment of Paternity

1. The DCSS shall establish paternity judicially when the support recipient or the AF applies for services or the case interfaces from the Family Assistance Administration (FAA) and

1. The SR or the AF request genetic testing:

1. If the AF is found to be the father, a Paternity Order shall be established.

1. The state of Arizona shall advance the fee for genetic testing of the AF, the SR and child. At the time the sample is taken the AF will sign the Blood Test Fee Agreement (if appropriate) to reimburse the state if he is not excluded as the father of the child.  If the AF is excluded, he will not have to reimburse the fee.

2. If the AF is excluded, the case shall be closed.

2. The SR or the AF request homebound genetic testing services:

1. When a person cannot reasonably travel to the IV-D office for genetic testing the phlebotomist shall travel to their residence to conduct a sample collection.

1. Homebound genetic testing is reserved for someone who cannot get into the office because they are disabled, recovering from surgery or is a caregiver who cannot leave their ward alone.
2. The DCSS shall receive a request for homebound genetic testing through a IV-A interface, or a IV-D Request for Service Application.

3. One party is uncooperative in establishing paternity:

1. A paternity referral shall be sent to the AG’s or county attorney for a court action to establish paternity.

6. Minor Paternity Cases

1. Staff shall consult with their office attorney for legal advice before processing a paternity case when one of the parties is a minor.
2. DCSS shall not pursue a child support order against a minor father who is attending high school.

7. Caretaker Paternity Cases

1. The DCSS shall pursue the AF in a caretaker case by having the biological mother complete an Affidavit Supporting Paternity, naming the AF.

1. In the event the biological mother does not name the AF or he is not locatable, the DCSS shall only pursue the biological mother for child support.

8. IV-E Foster Care Paternity Cases

1. The DCSS or the Division of Children, Youth and Families (DCYF) shall attempt to establish paternity in all IV-E Foster Care cases, as long as the child is in the custody of a state agency.

9. Paternity Jurisdiction

1. The local DCSS office in the county where the SR resides shall work the case.

1. If the SR moves out of Arizona but requests the DCSS continue working the case, the case shall stay in the original office.
2. A responding paternity case shall be assigned to the local office in the county where the AF resides.
3. When an AF from another state request services, the DCSS office where the SR resides shall work the case.

2. Paternity Establishment when the SR and child are not residents

1. The fact that the SR, child or both are not or have never been residents of Arizona shall not prevent the DCSS from establishing paternity for an AF residing in Arizona. Paternity may only be established in the county of residence of the AF or
2. The SR may elect to keep a case open in Arizona, after moving to another jurisdiction. However, if this move results in neither parent residing in Arizona, a two-state action may be required.

10. Federal Timelines

1. Within 90 calendars days of locating the AF, the DCSS or its agents must complete service of process to establish paternity or document the unsuccessful attempts.

11. When Paternity is Not Pursued

1. The DCSS shall not pursue the establishment of paternity:

1. When a child is born within a legal marriage and the mother names her husband as the biological father.
2. When paternity is established in another state, tribal jurisdiction, country or territory by a court or administrative order.
3. When legal proceedings for adoption are pending (good cause procedures apply)

1. Cases with pending adoptions must be monitored every six months.

4. When cases involve incest or rape (good cause procedures apply).
5. When the determination of good cause is pending or has been approved and is evident on the case indicator screen by Pending Verification (PE) or Pending Decision (PD).

The DCSS shall not disestablish paternity.

If the above criteria to establish paternity is not met, paternity can not be pursued.

5. PROCEDURE

1. This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.

6. AUTHORITY

Federal Authority
42 U.S.C. § 666(5)	Procedures concerning paternity establishment
42 U.S.C. § 668	Encouragement of States to adopt civil procedure for establishing paternity in contested cases
U.S.C. Public Law 104-193 (PRWORA)	The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
45 C.F.R. § 302.31	Establishment of Paternity and securing support
45 C.F.R. § 302.70(a)(5)(iii)	Required State Laws for voluntary acknowledgment of paternity
45 C.F.R. § 303.5	Establishment of Paternity

State Authority
A.R.S. § 25-802	Venue
A.R.S. § 25-803	Persons who may originate proceedings; legal decision making; parenting time; conciliation court
A.R.S. § 25-804	Time for instituting proceedings
A.R.S. § 25-806	Petition
A.R.S. § 25-807(D) and (J)	Precedence of maternity and paternity proceedings; delay for paternity tests; court order; evidentiary use; alternative tests; out-of-state orders; immunity
A.R.S. § 25-810	Liability of parents if putative mother or father is a minor; periodic payments
A.R.S. § 25-812	Voluntary acknowledgment; action to overcome paternity
A.R.S. § 25-813	Default order of paternity
A.R.S. § 25-814	Presumption of paternity
A.R.S. § 25-815	Paternity; full faith and credit
A.R.S. § 25-816	Title IV-D child support; paternity establishment; genetic testing
A.R.S. § 25-817	Temporary orders; presumption of paternity
A.R.S. § 25-818	Paternity case registry; acknowledgments and paternity and maternity orders; recording requirements
A.R.S. § 36-323(A).(2)	Amending registered certificates; corrections
A.R.S. § 36-334	Determining maternity and paternity for birth certificates
A.R.S. § 36-337	Amending birth certificates
16 A.R.S. Rules of Family Law Procedures, Rule 4.1	Process: Service of Process Within Arizona

Return to beginning of the Paternity Policy

Policy Revision Date: 9/22/2015

Policy Review Date: 6/25/2025

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