A. Paternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock or pregnant with a child conceived out of wedlock and that the respondent is the father of the child or children.
B. Maternity proceedings are commenced by the filing of a verified petition that alleges that a woman is delivered of a child or children born out of lawful wedlock and that the woman as respondent is the mother of the child or children.
C. The procedure on the filing of the petition shall be as in other civil cases, except that a party who has been served pursuant to section 8-106, subsection G must serve the mother with a copy of the verified petition and summons within thirty days after completion of service of notice as prescribed by that subsection.
D. If the respondent does not file a response or if the respondent files a written response admitting paternity or maternity, the court may immediately enter a judgment of paternity or maternity. If other relevant issues are raised in the petition or response or in a separate petition filed after entry of a paternity or maternity judgment, the court shall proceed to resolve all relevant issues in the case pursuant to the rules of procedure applicable to family law cases.
E. A trial held pursuant to this section shall be made to the court.
Notes of Decisions
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
· cites it 4× “Failure to file a paternity action under A.R.S. § 25-806 results in the father waiving his right to notice of the adoption hearing.”
Jared P. v. Glade T., 209 P.3d 157 (Ariz. Ct. App. 2009).
· cites it 4× “The less formal method of acknowledgment can occur if both parents, in one or more notarized or witnessed documents, agree they are the parents of the child and file the statement or documents with the clerk of the court or other statutory entities.”
Ramirez v. Barnet, 384 P.3d 828 (Ariz. Ct. App. 2016).
· cites it 2× “A.R.S. § 25-806 (Supp. 2015); see also AR.”
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016).
· cites it 3× “And, as the court noted in Ban , if we construed § 25-806 to only allow paternity proceedings when a child is bom out of wedlock, “a putative father would be unable to bring an action to establish paternity of a child bom during the mother’s marriage to her husband, even if the…”
Hall v. Lalli, 952 P.2d 748 (Ariz. Ct. App. 1998).
“When a person desires to establish his identity or fix his birthright and parentage, or both, he may file in the superior court in the county where his residence is maintained an application setting forth his reasons for desiring to establish his identity, birthright or…”
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017).
· cites it 2× “Moreover, in a maternity action under A.R.S. § 25-806(B), the petition must allege that a woman "is delivered of a child” and that the woman is the child’s mother.”
Albert L. v. Dcs, B.T. (Ariz. Ct. App. 2022).
· cites it 2× “§ 25-801 (emphasis added); see also A.R.S. § 25-806 (requiring petitions to commence paternity proceedings to allege "the respondent is the father of the child or children").”
In Re Dependency as to G.R. (Ariz. Ct. App. 2023).
· cites it 2× “See A.R.S. § 25-806. ¶4 Later, the court dismissed one alleged father when it determined he was not the father of George’s sibling despite being identified as such.”
— Ariz. Rev. Stat. § 25-806(A) — 2 cases
Jared P. v. Glade T., 209 P.3d 157 (Ariz. Ct. App. 2009).
“The less formal method of acknowledgment can occur if both parents, in one or more notarized or witnessed documents, agree they are the parents of the child and file the statement or documents with the clerk of the court or other statutory entities.”
Bill W. Castillo v. Thania N. Lazo, 386 P.3d 839 (Ariz. Ct. App. 2016).
“And, as the court noted in Ban , if we construed § 25-806 to only allow paternity proceedings when a child is bom out of wedlock, “a putative father would be unable to bring an action to establish paternity of a child bom during the mother’s marriage to her husband, even if the…”
— Ariz. Rev. Stat. § 25-806(B) — 1 case
Turner v. Steiner, 398 P.3d 110 (Ariz. Ct. App. 2017).
“Moreover, in a maternity action under A.R.S. § 25-806(B), the petition must allege that a woman "is delivered of a child” and that the woman is the child’s mother.”
— Ariz. Rev. Stat. § 25-806(C) — 1 case
David C., Kim C. v. Alexis S., A.C., 375 P.3d 945 (Ariz. 2016).
“Failure to file a paternity action under A.R.S. § 25-806 results in the father waiving his right to notice of the adoption hearing.”
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